|
|
| |
|
|
|
|
[The page and line references are to HL Bill 28, the bill as first printed for the Lords.] |
|
|
|
1 | Page 1, line 3, at beginning insert “Subject to section (Commencement: report on costs |
|
| |
2 | Page 1, line 10, after “others” insert “who reasonably require proof” |
|
3 | Page 1, line 12, leave out “or” and insert “recorded, stored and” |
|
4 | Page 2, line 3, leave out “securing the efficient and effective provision of” and insert |
|
| “preventing illegal or fraudulent access to” |
|
5 | Page 2, line 7, leave out paragraphs (b) and (c) and insert— |
|
| “( ) | the address of his principal place of residence in the United |
|
| |
| ( ) | the address of every other place in the United Kingdom or |
|
| elsewhere where he has a place of residence; |
|
| ( ) | where in the United Kingdom and elsewhere he has previously |
|
| |
6 | Page 2, line 27, leave out “physical” and insert “external” |
|
|
7 | Page 3, line 24, leave out “authorised” and insert “that he is authorised to make” |
|
|
8 | Page 3, leave out line 28 and insert— |
|
| |
| (a) | may be entered in the Register, and |
|
| (b) | once entered, may continue to be recorded there, |
|
| | only if and for so long as it is consistent with the statutory purposes for it |
|
| to be recorded in the Register. |
|
| ( ) | Information may not be recorded in the Register unless it is—” |
|
|
| |
|
|
| |
| | |
9 | Page 3, line 36, after “information” insert “that must be” |
|
10 | Page 3, line 46, at end insert— |
|
| “( ) | An individual’s entry in the Register must include any information falling |
|
| within paragraph 9 of Schedule 1 that relates to an occasion on which |
|
| information contained in his entry has been provided to a person without |
|
| the individual’s consent.” |
|
11 | Page 4, line 9, leave out subsection (4) |
|
12 | Page 4, line 14, leave out subsection (6) |
|
13 | Page 4, line 21, at end insert— |
|
| “( ) | A statutory instrument containing an order which— |
|
| (a) | contains provisions that the Secretary of State is authorised to make |
|
| |
| (b) | is not an order a draft of which is required to have been laid before |
|
| Parliament and approved by a resolution of each House, |
|
| | shall be subject to annulment in pursuance of a resolution of either House |
|
| |
|
14 | Page 4, line 27, leave out paragraphs (a) and (b) and insert “documents which any |
|
| of the persons mentioned in subsection (2A) is authorised or required to issue, |
|
| whether by or under an enactment or otherwise. |
|
| |
| (a) | a Minister of the Crown; |
|
| (b) | a government department; |
|
| (c) | a Northern Ireland department; |
|
| (d) | the National Assembly for Wales; |
|
| (e) | any other person who carries out functions conferred by or under |
|
| any enactment that fall to be carried out on behalf of the Crown.” |
|
15 | Page 4, line 33, leave out from second “provision” to “unless” in line 34 and insert |
|
| “that he is authorised to make by this section” |
|
|
16 | Page 4, line 44, leave out “must” and insert “may, if the individual so chooses,” |
|
17 | Page 5, line 19, after “at” insert “an agreed place and time or (in the absence of |
|
| |
18 | Page 5, line 27, at end insert— |
|
| “( ) | The power of the Secretary of State to make regulations containing (with or |
|
| without other provision) any provision that he is authorised to make by |
|
| this section is exercisable, on the first occasion on which regulations are |
|
| made under this section, only if a draft of the regulations has been laid |
|
| before Parliament and approved by a resolution of each House.” |
|
|
19 | |
|
|
| |
| | |
|
|
20 | |
|
21 | Page 7, line 28, leave out “or is subject to compulsory registration” |
|
22 | Page 7, line 42, leave out “must” and insert “may, if the individual so chooses,” |
|
23 | Page 8, line 2, leave out from “document” to end of line 4 |
|
24 | Page 8, line 16, at end insert “or |
|
| ( ) | the registrable facts which are to be relevant for the purposes of |
|
| |
|
25 | Page 8, line 36, after “at” insert “an agreed place and time or (in the absence of |
|
| |
|
26 | Page 9, line 26, at end insert— |
|
| “( ) | The Secretary of State must not make regulations containing (with or |
|
| without other provision) any provision prescribing requirements for the |
|
| purposes of subsection (2) unless a draft of the regulations has been laid |
|
| before Parliament and approved by a resolution of each House.” |
|
|
27 | Page 9, line 36, leave out “for being” and insert “to be” |
|
|
28 | Page 11, line 11, after “at” insert “an agreed place and time or (in the absence of |
|
| |
29 | Page 11, line 19, at end insert— |
|
| “( ) | The power of the Secretary of State to make regulations containing (with or |
|
| without other provision) any provision that he is authorised to make by |
|
| this section is exercisable, on the first occasion on which regulations are |
|
| made under this section, only if a draft of the regulations has been laid |
|
| before Parliament and approved by a resolution of each House.” |
|
|
30 | Page 13, line 28, at insert— |
|
| “( ) | The power of the Secretary of State by order to modify subsections (2) and |
|
| |
| (a) | power to omit subsection (2); or |
|
| (b) | power to add information falling within paragraph 9 of Schedule 1 |
|
| to either of those subsections.” |
|
31 | Page 13, line 30, leave out “for the purposes of subsection (1)(a)” and insert “or |
|
|
|
| |
| | |
|
| consent for the purposes of subsection (1)” |
|
32 | Page 13, line 43, leave out “by the prescribed person in the prescribed manner.” |
|
| and insert “in the prescribed manner by the person specified in or determined |
|
| |
| ( ) | The power of the Secretary of State under this section to provide |
|
| information about an individual to another person is exercisable only |
|
| where the provision of the information is subject to the satisfaction in |
|
| relation to that other person of conditions imposed under subsection (6)(a) |
|
| |
33 | Page 13, line 46, leave out “modifying subsection (2) or (3)” and insert “that he is |
|
| authorised to make by subsection (4)(a)” |
|
|
34 | Page 15, line 37, at end insert— |
|
| “( ) | Regulations under this section may not authorise the provision to any |
|
| person of information falling within paragraph 9 of Schedule 1.” |
|
35 | Page 16, line 8, leave out “by the prescribed person in the prescribed manner.” and |
|
| insert “in the prescribed manner by the person specified in or determined under |
|
| |
| ( ) | The power of the Secretary of State under this section to provide |
|
| information about an individual to another person is exercisable only |
|
| where the provision of the information is subject to the satisfaction in |
|
| relation to that other person of conditions imposed under subsection (3)(a) |
|
| |
|
36 | Page 16, line 22, at end insert— |
|
| “(A1) | It shall be unlawful to make it a condition of doing anything in relation to |
|
| an individual that the individual— |
|
| (a) | makes an application under section 14(1) for the provision to him of |
|
| information recorded in his entry in the Register; |
|
| (b) | exercises the right conferred by section 7 of the Data Protection Act |
|
| 1998 (c. 29) to obtain information recorded in his entry in the |
|
| |
| (c) | provides a person with information about what is recorded in his |
|
| |
37 | Page 16, line 23, after “shall” insert “also” |
|
38 | Page 16, line 26, at end insert “in order to secure the provision to another person of |
|
| information recorded in the individual’s entry in the Register” |
|
39 | Page 16, line 32, leave out “such a condition or requirement” and insert “a |
|
| condition or requirement referred to in subsection (1)” |
|
|
40 | Page 18, line 15, at end insert— |
|
|
|
| |
| | |
|
| “( ) | The Secretary of State must not make an order or regulations containing |
|
| (with or without other provision) any provision that he is authorised to |
|
| make under this section unless a draft of the order or regulations has been |
|
| laid before Parliament and approved by a resolution of each House.” |
|
|
41 | Page 18, line 40, leave out “of a person with” and insert “to a person of” |
|
42 | Page 19, line 1, leave out “of a person with” and insert “to a person of” |
|
|
43 | Page 19, line 36, leave out “for being” and insert “to be” |
|
|
44 | Page 20, line 42, leave out “by the prescribed person in the prescribed manner.” |
|
| and insert “in the prescribed manner by the person specified in or determined |
|
| |
45 | Page 21, line 7, at end insert— |
|
| “( ) | A power of the Secretary of State under any of sections 19 to 22 to provide |
|
| information about an individual to another person is exercisable only |
|
| where the provision of the information is subject to the satisfaction in |
|
| relation to that other person of conditions imposed under subsection |
|
| |
46 | Page 21, line 9, leave out “authorised” and insert “that he is authorised to make” |
|
|
47 | Page 21, line 13, at end insert— |
|
| “( ) | There shall be a Commissioner appointed by Her Majesty.” |
|
48 | Page 21, line 14, leave out “Secretary of State must appoint a Commissioner to” and |
|
| insert “Commissioner shall” |
|
49 | Page 21, line 27, at end insert— |
|
| “( ) | Where the Commissioner reviews any arrangements in accordance with |
|
| subsection (2), his review must include, in particular, a review of the extent |
|
| to which the arrangements make appropriate provision— |
|
| (a) | for securing the confidentiality and integrity of information |
|
| recorded in the Register; and |
|
| (b) | for dealing with complaints made to the Secretary of State or a |
|
| designated documents authority about the carrying out of the |
|
| functions mentioned in that subsection.” |
|
|
50 | Page 22, line 16, leave out “make a report to the Secretary of State” and insert “lay |
|
| before each House of Parliament a general report” |
|
51 | Page 22, line 18, leave out subsections (2) to (5) and insert— |
|
|
|
| |
| | |
|
| “( ) | The Commissioner may also, at any time, lay before Parliament such other |
|
| reports on any matter relating to the carrying out of those functions as the |
|
| |
| ( ) | If it appears to the Commissioner, after consultation with the Secretary of |
|
| State, that the publication of a particular matter contained in a report under |
|
| this section would be prejudicial to— |
|
| (a) | national security, or |
|
| (b) | the prevention or detection of crime, |
|
| | the Commissioner must exclude that matter from the copy of the report |
|
| that he lays before Parliament. |
|
| ( ) | Where the Commissioner excludes from publication any matter under the |
|
| provisions of this section, he must make a report on that matter to the |
|
| |
|
52 | Page 31, leave out lines 3 and 4 and insert “must be considered when |
|
| |
| (a) | whether a civil penalty should be imposed under this Act; and |
|
| (b) | the amount of such a penalty.” |
|
53 | Page 31, line 11, at end insert— |
|
| “(4A) | Before a draft code under this section is laid before Parliament, the |
|
| Secretary of State must take such steps as he thinks fit— |
|
| (a) | for securing that members of the public in the United Kingdom are |
|
| informed about the proposed code; and |
|
| (b) | for consulting them about it.” |
|
54 | Page 31, line 17, after “(4)” insert “, (4A)” |
|
55 | Page 31, line 18, at end insert— |
|
| “( ) | The power of the Secretary of State to make an order containing (with or |
|
| without other provision) a provision authorised by this section is |
|
| exercisable, on the first occasion on which an order is made under this |
|
| section, only if a draft of the order has been laid before Parliament and |
|
| approved by a resolution of each House.” |
|
56 | Page 31, line 18, at end insert— |
|
| “( ) | A statutory instrument containing an order which— |
|
| (a) | contains provisions that the Secretary of State is authorised to make |
|
| |
| (b) | is not an order a draft of which is required to have been laid before |
|
| Parliament and approved by a resolution of each House, |
|
| | shall be subject to annulment in pursuance of a resolution of either House |
|
| |
|
57 | Page 32, line 30, leave out “authorised by subsection (1) is exercisable” and insert |
|
| “that he is authorised to make by subsection (1) is exercisable— |
|
| |
|