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Make provision about the disclosure of certain information for purposes |
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connected with digital switchover. |
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Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and |
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consent of the Lords Spiritual and Temporal, and Commons, in this present |
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Parliament assembled, and by the authority of the same, as follows:— |
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1 | Disclosure of information |
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(1) | The Secretary of State and the Northern Ireland department may, at the request |
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of a relevant person, supply a relevant person with social security information |
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for use (by the person to whom it is supplied or by another relevant person) in |
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connection with switchover help functions. |
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(2) | The Secretary of State may, at the request of a relevant person, supply a |
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relevant person with war pensions information for use (by the person to whom |
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it is supplied or by another relevant person) in connection with switchover |
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(3) | In this Act “relevant person” means— |
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(b) | any company in respect of which any one or more of the following— |
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(ii) | the Secretary of State, or |
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(iii) | a nominee of the BBC or the Secretary of State, |
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| hold at least 51% of the issued ordinary share capital or possess at least |
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51% of the voting rights; |
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(c) | any person who is engaged by the BBC, the Secretary of State or any |
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company falling within paragraph (b) to provide any service connected |
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with switchover help functions, to carry out a switchover help function |
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or to carry out any function connected with switchover help functions. |
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(4) | In this Act “switchover help functions” means— |
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(a) | the identification of persons who may be eligible for help under a |
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(b) | making contact with such persons with a view to the provision of such |
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(c) | the establishment of any person’s entitlement to such help. |
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2 | “Social security information” and “war pensions information” |
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(1) | This section applies for the purposes of section 1. |
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(2) | “Social security information” means— |
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(a) | in relation to the Secretary of State, information of a prescribed |
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description held by him (or on his behalf) and obtained as a result of, or |
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for the purpose of, the exercise of functions of his in relation to social |
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(b) | in relation to the Northern Ireland department, information of a |
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prescribed description held by the department (or on its behalf) and |
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obtained as a result of, or for the purpose of, the exercise of the |
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functions of the department in relation to social security. |
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(3) | “War pensions information” means information of a prescribed description |
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held by the Secretary of State (or on his behalf) and obtained as a result of, or |
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for the purpose of, the exercise of functions of his relating to war pensions, as |
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defined by section 25(4) of the Social Security Act 1989 (c. 24). |
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(4) | In this section “prescribed” means prescribed by order made by the Secretary |
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of State by statutory instrument. |
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(5) | A statutory instrument containing an order under this section is subject to |
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annulment in pursuance of a resolution of either House of Parliament. |
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(6) | An order under this section may make different provision in relation to |
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(1) | A relevant person must not disclose without lawful authority any information |
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supplied to him or another relevant person under section 1. |
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(a) | who is or who has been employed by a relevant person, |
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(b) | who is or who has been engaged— |
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(i) | in the provision of services to a relevant person in connection |
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with the carrying out of a switchover help function, or |
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(ii) | to carry out any switchover help function, or to carry out any |
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function in connection with the carrying out of a switchover |
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(c) | who is or who has been employed by, or who is or who has been |
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engaged in the provision of services to, or to carry out a function for, a |
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person mentioned in paragraph (b), |
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| must not disclose without lawful authority information supplied to a relevant |
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(3) | A person who contravenes subsection (1) or (2) commits an offence. |
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(4) | It is not an offence under this section— |
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(a) | to disclose information in the form of a summary or collection of |
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information so framed as not to enable information supplied under |
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section 1 relating to any particular person to be ascertained from it; or |
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(b) | to disclose information which has previously been disclosed to the |
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public with lawful authority. |
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(5) | It is a defence for a person charged with an offence under this section to prove |
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that at the time of the alleged offence he believed— |
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(a) | that he was making the disclosure in question with lawful authority, or |
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(b) | that the information in question had previously been disclosed to the |
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public with lawful authority, |
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| and that he had no reasonable cause to believe otherwise. |
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(6) | For the purposes of this section, a disclosure is to be regarded as made with |
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lawful authority if, but only if, it is made— |
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(a) | for the purpose of carrying out a switchover help function, or for doing |
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anything connected with the carrying out of a switchover help |
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(b) | in accordance with any enactment or court order; |
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(c) | for the purpose of instituting, or otherwise for the purposes of, |
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proceedings before a court; or |
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(d) | with the consent of the person to whom the information relates or of |
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any person authorised to act on that person’s behalf. |
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(7) | A person guilty of an offence under this section is liable— |
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(a) | on conviction on indictment, to imprisonment for a term not exceeding |
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two years, or to a fine, or both; or |
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(b) | on summary conviction to imprisonment for a term not exceeding 12 |
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months or to a fine not exceeding the statutory maximum, or both. |
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(8) | In the application of this section— |
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(a) | in England and Wales, in relation to an offence committed before the |
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commencement of section 154(1) of the Criminal Justice Act 2003 (c. 44), |
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(b) | in Scotland, until the commencement of section 35(1) of the Criminal |
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Proceedings etc. (Reform) (Scotland) Act 2006, or |
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| the reference in subsection (7)(b) to 12 months is to be read as a reference to 6 |
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4 | Liability of directors etc |
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(1) | If an offence under section 3 committed by a body corporate is shown— |
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(a) | to have been committed with the consent or connivance of an officer, or |
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(b) | to be attributable to any neglect on his part, |
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| the officer as well as the body corporate is guilty of the offence and liable to be |
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proceeded against and punished accordingly. |
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(2) | If the affairs of a body corporate are managed by its members, subsection (1) |
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applies in relation to the acts and defaults of a member in connection with his |
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functions of management as if he were a director of the body. |
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(3) | “Officer”, in relation to a body corporate, means a director, member of the |
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committee of management, chief executive, manager, secretary or other similar |
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officer of the body, or a person purporting to act in any such capacity. |
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“the BBC” means the British Broadcasting Corporation; |
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“the Northern Ireland department” means the Northern Ireland |
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department having responsibility for social security; |
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“relevant person” has the meaning given by section 1(3); |
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“switchover help functions” has the meaning given by section 1(4); |
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“switchover help scheme” means any scheme for the provision of help to |
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individuals in connection with digital switchover which is agreed |
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between the BBC and the Secretary of State in pursuance of the BBC |
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Charter and Agreement, as the scheme has effect from time to time. |
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“digital switchover” means the replacement of the broadcasting of |
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television services in the United Kingdom in analogue form with their |
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broadcasting in digital form; |
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“the BBC Charter and Agreement” means the following documents, or |
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any one or more of them, so far as they are for the time being in force— |
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(a) | a Royal Charter for the continuance of the BBC; |
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(b) | supplemental Charters obtained by the BBC under such a Royal |
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(c) | an agreement between the BBC and the Secretary of State |
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entered into (whether before or after the passing of this Act) for |
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purposes that include the regulation of activities carried on by |
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“broadcasting” means broadcasting by wireless telegraphy (as defined by |
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section 116 of the Wireless Telegraphy Act 2006 (c. 36)) otherwise than |
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(1) | This Act may be cited as the Digital Switchover (Disclosure of Information) Act |
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(2) | This Act extends to England and Wales, Scotland and Northern Ireland. |
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(3) | Her Majesty may by Order in Council provide for any of the provisions of this |
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Act to extend, with or without modifications, to the Isle of Man. |
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