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(1) | After section 50 of the Data Protection Act 1998 (c. 29) insert— |
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50A | Power to enable information sharing |
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(1) | Subject to the following provisions of this Part, a designated authority |
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may by order (an “information-sharing order”) enable any person to |
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share information which consists of or includes personal data. |
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(2) | For the purposes of this Part— |
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“designated authority” means— |
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(a) | an appropriate Minister, |
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(b) | the Scottish Ministers, |
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(c) | the Welsh Ministers, or |
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(d) | a Northern Ireland department; |
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“appropriate Minister” means— |
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(a) | the Secretary of State, |
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(c) | any other Minister in charge of a government |
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(3) | For the purposes of this Part a person shares information if the |
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(a) | discloses the information by transmission, dissemination or |
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otherwise making it available, or |
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(b) | consults or uses the information for a purpose other than the |
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purpose for which the information was obtained. |
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(4) | A designated authority may make an information-sharing order only if |
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it is entitled to make the order by virtue of section 50C and it is |
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(a) | that the sharing of information enabled by the order is |
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necessary to secure a relevant policy objective, |
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(b) | that the effect of the provision made by the order is |
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proportionate to that policy objective, and |
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(c) | that the provision made by the order strikes a fair balance |
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between the public interest and the interests of any person |
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(5) | An information-sharing order must— |
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(a) | specify the person, or class of persons, enabled to share the |
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(b) | specify the purposes for which the information may be shared; |
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(c) | specify the information, or describe the class of information, |
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(6) | An information-sharing order may not enable any sharing of |
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information which (in the absence of any provision made by the order) |
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would be prohibited by Part 1 of the Regulation of Investigatory |
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Powers Act 2000 (c. 23) (communications). |
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(7) | Nothing in this section (or any information-sharing order) is to be taken |
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to prejudice any power or duty to share information which exists apart |
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50B | Information-sharing orders: supplementary provision |
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(1) | An information-sharing order may— |
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(a) | confer powers on the person in respect of whom it is made; |
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(b) | remove or modify any prohibition or restriction imposed |
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(whether by virtue of an enactment or otherwise) on the sharing |
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of the information by that person or on further or onward |
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disclosure of the information; |
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(c) | confer powers on any person to enable further or onward |
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disclosure of the information; |
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(d) | prohibit or restrict further or onward disclosure of the |
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(e) | impose conditions on the sharing of information; |
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(f) | provide for a person to exercise a discretion in dealing with any |
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(g) | enable information to be shared by, or disclosed to, the |
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(h) | modify any enactment. |
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(2) | An information-sharing order may provide for the creation of offences |
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triable either way which are punishable— |
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(a) | on conviction on indictment, by imprisonment for a term not |
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exceeding the specified period or to a fine or to both; |
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(b) | on summary conviction, by imprisonment for a term not |
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exceeding the specified period or to a fine not exceeding the |
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statutory maximum or to both. |
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(3) | In subsection (2)(a) and (b) “specified period” means a period provided |
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for by the order but the period must not exceed— |
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(a) | in the case of summary conviction, 12 months (or, in Northern |
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(b) | in the case of conviction on indictment, 2 years. |
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(4) | A designated authority making an information-sharing order must |
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ensure that any specified period for England and Wales which, in the |
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case of summary conviction, exceeds 6 months is to be read as a |
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reference to 6 months so far as it relates to an offence committed before |
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the commencement of section 282(1) of the Criminal Justice Act 2003 |
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(increase in sentencing power of magistrates’ courts from 6 months to |
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12 months for certain offences triable either way). |
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50C | Designated authority: entitlement to make an information-sharing |
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(1) | An appropriate Minister is entitled to make an information-sharing |
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order only if the sharing of information enabled by the order is for the |
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(a) | in the case of the Secretary of State, any matter with which a |
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department of the Secretary of State is concerned; |
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(b) | in the case of the Treasury, any matter with which the Treasury |
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(c) | in the case of any other Minister in charge of a government |
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department, any matter with which that department is |
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(2) | Where more than one appropriate Minister is entitled to make an |
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information-sharing order by virtue of subsection (1), any one or more |
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of the appropriate Ministers acting (in the case of more than one) jointly |
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is entitled by virtue of this section to make the order. |
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(3) | The Scottish Ministers are entitled to make an information-sharing |
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order only if the sharing of information to which it relates consists of |
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one or both of the following— |
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(a) | the disclosure of information by a relevant Scottish body to |
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another such body where the information was held by the first |
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body in connection with its devolved Scottish functions and is |
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disclosed to the second body for the purposes of its devolved |
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(b) | a relevant Scottish body consulting or using information which |
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was obtained by it for the purposes of one or more of its |
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devolved Scottish functions for the purposes of any of its other |
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devolved Scottish functions. |
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(4) | The Welsh Ministers are entitled to make an information-sharing order |
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only if the sharing of information to which it relates consists of one or |
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(a) | the disclosure of information by a relevant Welsh body to |
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another such body where the information was held by the first |
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body in connection with its devolved Welsh functions and is |
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disclosed to the second body for the purposes of its devolved |
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(b) | a relevant Welsh body consulting or using information which |
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was obtained by it for the purposes of one or more of its |
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devolved Welsh functions for the purposes of any of its other |
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devolved Welsh functions. |
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(5) | A Northern Ireland department is entitled to make an information- |
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sharing order only if the sharing of information enabled by the order is |
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for the purposes of any matter with which that department is |
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concerned and that sharing consists of one or both of the following— |
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(a) | the disclosure of information by a relevant Northern Ireland |
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body to another such body where the information was held by |
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the first body in connection with its devolved Northern Ireland |
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functions and is disclosed to the second body for the purposes |
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of its devolved Northern Ireland functions; |
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(b) | a relevant Northern Ireland body consulting or using |
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information which was obtained by it for the purposes of one or |
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more of its devolved Northern Ireland functions for the |
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purposes of any of its other devolved Northern Ireland |
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(6) | Where more than one Northern Ireland department is entitled to make |
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an information-sharing order by virtue of subsection (5), any one or |
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more of those departments acting (in the case of more than one) jointly |
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is entitled by virtue of this section to make the order. |
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(7) | In subsections (3) to (5) any reference to the sharing of information |
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enabled by the information-sharing order includes a reference to any |
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further or onward disclosure of information enabled by the order by |
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virtue of section 50B(1)(c). |
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50D | Consultation and Commissioner’s report on draft order |
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(1) | This section applies where a designated authority proposes to make an |
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information-sharing order. |
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(2) | The designated authority must— |
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(a) | issue a general invitation to make representations, in a manner |
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likely in the authority’s opinion to bring the invitation to the |
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attention of as large a class of affected persons who may wish to |
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make representations as is reasonably practicable, and |
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(b) | take account of any representations made. |
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(3) | The designated authority must submit a copy of the draft order to the |
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(4) | The Commissioner may, within the 21-day period, submit to the |
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designated authority a report stating whether or not the Commissioner |
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is satisfied of the matters in section 50A(4)(b) and (c). |
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(5) | The designated authority may not lay the draft order before Parliament |
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in accordance with section 67 before— |
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(a) | the Commissioner submits a report under subsection (4), or |
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(b) | the end of the 21-day period, |
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(6) | If the Commissioner submits a report under subsection (4) and the |
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designated authority proceeds to lay the draft order before Parliament, |
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the designated authority must at the same time lay a copy of the report |
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(7) | In this section references to “Parliament” are to be read— |
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(a) | in the case of a proposal of the Scottish Ministers to make an |
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information-sharing order, as references to the Scottish |
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(b) | in the case of a proposal of the Welsh Ministers to make an |
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information-sharing order, as references to the National |
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(c) | in the case of a proposal of a Northern Ireland department to |
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make an information-sharing order, as references to the |
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Northern Ireland Assembly. |
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“affected persons” means persons likely to be affected by the |
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proposed information-sharing order; |
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“the 21-day period” means the period of 21 days beginning with |
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the day on which the designated authority gives a copy of the |
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draft order to the Commissioner. |
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50E | Requirements for consent and further consultation |
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(1) | An information-sharing order made by an appropriate Minister (other |
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than an order made by the responsible Secretary of State alone or jointly |
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with another appropriate Minister) may be made only with the consent |
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of the responsible Secretary of State. |
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(2) | A designated authority (other than an appropriate Minister) must |
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consult the responsible Secretary of State before making an |
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information-sharing order. |
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(3) | An appropriate Minister must obtain the consent of the Scottish |
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Ministers before making an information-sharing order which— |
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(a) | authorises information to be shared by or disclosed to a relevant |
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Scottish body in connection with any devolved Scottish |
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(b) | modifies any provision made by or by virtue of an Act of the |
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Scottish Parliament or any subordinate legislation made by the |
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(4) | An appropriate Minister must obtain the consent of the Welsh |
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Ministers before making an information-sharing order which— |
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(a) | authorises information to be shared by or disclosed to a relevant |
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Welsh body in connection with any devolved Welsh function of |
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(b) | modifies any provision made by or by virtue of a Measure or |
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Act of the National Assembly for Wales or any subordinate |
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legislation made by the Welsh Ministers (or by the National |
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Assembly for Wales established under the Government of |
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(5) | An appropriate Minister must obtain the consent of the appropriate |
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Northern Ireland department before making an information-sharing |
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(a) | authorises information to be shared by or disclosed to a relevant |
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Northern Ireland body in connection with any devolved |
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Northern Ireland function of the body, or |
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(b) | modifies any provision made by Northern Ireland legislation |
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where that provision deals with transferred matters. |
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(6) | Any question as to which Northern Ireland department is the |
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appropriate Northern Ireland department in relation to an information- |
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sharing order is to be determined by the Office of the First Minister and |
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(7) | In this section “responsible Secretary of State” means the Secretary of |
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State having primary responsibility for government policy in relation |
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to the protection of data. |
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50F | Interpretation of this Part |
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“appropriate Minister” has the meaning given by section 50A(2); |
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“designated authority” has the meaning given by section 50A(2); |
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“devolved Northern Ireland functions” are functions relating to |
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“devolved Scottish functions” are functions— |
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(a) | relating to matters within the legislative competence of |
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the Scottish Parliament, or |
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(b) | conferred on the Scottish Ministers by an Act or |
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instrument made under an Act (whenever passed or |
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“devolved Welsh functions” are functions— |
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(a) | relating to matters within the legislative competence of |
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the National Assembly for Wales, or |
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(b) | in relation to which functions are exercisable by the |
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Welsh Ministers, the First Minister for Wales or the |
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Counsel General to the Welsh Assembly Government; |
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“enactment” means an enactment contained in or in an instrument |
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(a) | an Act of Parliament, |
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(b) | an Act of the Scottish Parliament, |
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(c) | a Measure or Act of the National Assembly for Wales, or |
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(d) | Northern Ireland legislation, |
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whenever passed, or made; |
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“information-sharing order” has the same meaning as in section |
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“Minister of the Crown” includes a government department; |
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“modify” includes amend, add to, revoke or repeal; |
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“relevant Northern Ireland body” means any public body, public |
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office or holder of such an office whose functions (in each case) |
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are exercisable only in or as regards Northern Ireland; |
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“relevant policy objective” means— |
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(a) | in the case of an information-sharing order made by the |
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Scottish Ministers, a policy objective which relates to— |
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(i) | matters within the legislative competence of the |
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(ii) | functions conferred on the Scottish Ministers by |
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an Act or an instrument made under an Act |
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(whenever passed or made); |
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(b) | in the case of an information-sharing order made by the |
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Welsh Ministers, a policy objective which relates to— |
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(i) | matters within the legislative competence of the |
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National Assembly for Wales, or |
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(ii) | functions exercisable by the Welsh Ministers, the |
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First Minister for Wales or the Counsel General |
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to the Welsh Assembly Government; |
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(c) | in the case of an information-sharing order made by a |
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Northern Ireland department, a policy objective which |
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(i) | transferred matters, or |
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(ii) | functions exercisable by a Minister within the |
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meaning of the Northern Ireland Act 1988 or by |
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a Northern Ireland department; |
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(d) | in the case of an information-sharing order made by an |
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appropriate Minister, a policy objective of that Minister; |
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“relevant Scottish body” means— |
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(a) | any part of the Scottish Administration; |
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|
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(b) | any public body, public office or holder of such an office |
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whose functions (in each case) are exercisable only in or |
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“relevant Welsh body” means any public body, public office or |
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holder of such an office whose functions (in each case) are |
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exercisable only in relation to Wales; |
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“transferred matters” has the meaning given by the Northern |
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“Wales” has the meaning given by the Government of Wales Act |
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(2) | For the purpose of this Part functions are not to be regarded as |
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exercisable by the Welsh Ministers, the First Minister for Wales or the |
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Counsel General to the Welsh Assembly Government merely |
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(a) | the agreement of the Welsh Ministers, the First Minister for |
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Wales or the Counsel General to the Welsh Assembly |
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Government is required to the exercise of a function by a |
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Minister of the Crown, or |
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(b) | the Welsh Ministers, the First Minister for Wales or the Counsel |
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General to the Welsh Assembly Government must be consulted |
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by a Minister of the Crown about the exercise of a function.” |
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(2) | In section 67 of that Act (general provision about orders etc under the Act)— |
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(a) | after subsection (3) insert— |
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“(3A) | In the case of orders under section 50A— |
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(a) | subject to paragraph (b), subsections (1) and (2) have |
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effect as if references to the Secretary of State were |
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references to a designated authority (within the |
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(b) | an order made by a Northern Ireland department is to |
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be made by statutory rule for the purposes of the |
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Statutory Rules (Northern Ireland) Order 1979 (and |
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subsection (1) does not apply), and |
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(c) | subsection (3) does not have effect.”, and |
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(b) | after subsection (4) insert— |
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“(4A) | A statutory instrument containing an order made by the |
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appropriate Minister under section 50A must not be made |
| |
unless a draft of the instrument has been laid before, and |
| |
approved by a resolution of, each House of Parliament. |
| |
(4B) | A statutory instrument containing an order made by the |
| |
Scottish Ministers under section 50A must not be made unless a |
| 40 |
draft of the instrument has been laid before, and approved by a |
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resolution of, the Scottish Parliament. |
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(4C) | A statutory instrument containing an order made by the Welsh |
| |
Ministers under section 50A must not be made unless a draft of |
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the instrument has been laid before, and approved by a |
| 45 |
resolution of, the National Assembly for Wales. |
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(4D) | A statutory rule containing an order made by a Northern |
| |
Ireland department under section 50A is subject to affirmative |
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