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Coroners and Justice Bill


Coroners and Justice Bill
Part 8 — Data Protection Act 1998 (c. 29)

104

 

(5)   

A Northern Ireland department is entitled to make an information-

sharing order only if the sharing of information enabled by the order is

for the purposes of any matter with which that department is

concerned and that sharing consists of one or both of the following—

(a)   

the disclosure of information by a relevant Northern Ireland

5

body to another such body where the information was held by

the first body in connection with its devolved Northern Ireland

functions and is disclosed to the second body for the purposes

of its devolved Northern Ireland functions;

(b)   

a relevant Northern Ireland body consulting or using

10

information which was obtained by it for the purposes of one or

more of its devolved Northern Ireland functions for the

purposes of any of its other devolved Northern Ireland

functions.

(6)   

Where more than one Northern Ireland department is entitled to make

15

an information-sharing order by virtue of subsection (5), any one or

more of those departments acting (in the case of more than one) jointly

is entitled by virtue of this section to make the order.

(7)   

In subsections (3) to (5) any reference to the sharing of information

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

virtue of section 50B(1)(c).

50D     

Consultation and Commissioner’s report on draft order

(1)   

This section applies where a designated authority proposes to make an

information-sharing order.

25

(2)   

The designated authority must—

(a)   

issue a general invitation to make representations, in a manner

likely in the authority’s opinion to bring the invitation to the

attention of as large a class of affected persons who may wish to

make representations as is reasonably practicable, and

30

(b)   

take account of any representations made.

(3)   

The designated authority must submit a copy of the draft order to the

Commissioner.

(4)   

The Commissioner may, within the 21-day period, submit to the

designated authority a report stating whether or not the Commissioner

35

is satisfied of the matters in section 50A(4)(b) and (c).

(5)   

The designated authority may not lay the draft order before Parliament

in accordance with section 67 before—

(a)   

the Commissioner submits a report under subsection (4), or

(b)   

the end of the 21-day period,

40

   

whichever first occurs.

(6)   

If the Commissioner submits a report under subsection (4) and the

designated authority proceeds to lay the draft order before Parliament,

the designated authority must at the same time lay a copy of the report

before Parliament.

45

(7)   

In this section references to “Parliament” are to be read—

 
 

Coroners and Justice Bill
Part 8 — Data Protection Act 1998 (c. 29)

105

 

(a)   

in the case of a proposal of the Scottish Ministers to make an

information-sharing order, as references to the Scottish

Parliament;

(b)   

in the case of a proposal of the Welsh Ministers to make an

information-sharing order, as references to the National

5

Assembly for Wales;

(c)   

in the case of a proposal of a Northern Ireland department to

make an information-sharing order, as references to the

Northern Ireland Assembly.

(8)   

In this section—

10

“affected persons” means persons likely to be affected by the

proposed information-sharing order;

“the 21-day period” means the period of 21 days beginning with

the day on which the designated authority gives a copy of the

draft order to the Commissioner.

15

50E     

Requirements for consent and further consultation

(1)   

An information-sharing order made by an appropriate Minister (other

than an order made by the responsible Secretary of State alone or jointly

with another appropriate Minister) may be made only with the consent

of the responsible Secretary of State.

20

(2)   

A designated authority (other than an appropriate Minister) must

consult the responsible Secretary of State before making an

information-sharing order.

(3)   

An appropriate Minister must obtain the consent of the Scottish

Ministers before making an information-sharing order which—

25

(a)   

authorises information to be shared by or disclosed to a relevant

Scottish body in connection with any devolved Scottish

function of the body, or

(b)   

modifies any provision made by or by virtue of an Act of the

Scottish Parliament or any subordinate legislation made by the

30

Scottish Ministers.

(4)   

An appropriate Minister must obtain the consent of the Welsh

Ministers before making an information-sharing order which—

(a)   

authorises information to be shared by or disclosed to a relevant

Welsh body in connection with any devolved Welsh function of

35

the body, or

(b)   

modifies any provision made by or by virtue of a Measure or

Act of the National Assembly for Wales or any subordinate

legislation made by the Welsh Ministers (or by the National

Assembly for Wales established under the Government of

40

Wales Act 1998).

(5)   

An appropriate Minister must obtain the consent of the appropriate

Northern Ireland department before making an information-sharing

order which—

(a)   

authorises information to be shared by or disclosed to a relevant

45

Northern Ireland body in connection with any devolved

Northern Ireland function of the body, or

(b)   

modifies any provision made by Northern Ireland legislation

where that provision deals with transferred matters.

 
 

Coroners and Justice Bill
Part 8 — Data Protection Act 1998 (c. 29)

106

 

(6)   

Any question as to which Northern Ireland department is the

appropriate Northern Ireland department in relation to an information-

sharing order is to be determined by the Office of the First Minister and

Deputy First Minister.

(7)   

In this section “responsible Secretary of State” means the Secretary of

5

State having primary responsibility for government policy in relation

to the protection of data.

50F     

Interpretation of this Part

(1)   

In this Part—

“appropriate Minister” has the meaning given by section 50A(2);

10

“designated authority” has the meaning given by section 50A(2);

“devolved Northern Ireland functions” are functions relating to

transferred matters;

“devolved Scottish functions” are functions—

(a)   

relating to matters within the legislative competence of

15

the Scottish Parliament, or

(b)   

conferred on the Scottish Ministers by an Act or

instrument made under an Act (whenever passed or

made);

“devolved Welsh functions” are functions—

20

(a)   

relating to matters within the legislative competence of

the National Assembly for Wales, or

(b)   

in relation to which functions are exercisable by the

Welsh Ministers, the First Minister for Wales or the

Counsel General to the Welsh Assembly Government;

25

“enactment” means an enactment contained in or in an instrument

made by virtue of—

(a)   

an Act of Parliament,

(b)   

an Act of the Scottish Parliament,

(c)   

a Measure or Act of the National Assembly for Wales, or

30

(d)   

Northern Ireland legislation,

whenever passed or made;

“information-sharing order” has the same meaning as in section

50A;

“Minister of the Crown” includes a government department;

35

“modify” includes amend, add to, revoke or repeal;

“relevant Northern Ireland body” means any public body, public

office or holder of such an office whose functions (in each case)

are exercisable only in or as regards Northern Ireland;

“relevant policy objective” means—

40

(a)   

in the case of an information-sharing order made by the

Scottish Ministers, a policy objective which relates to—

(i)   

matters within the legislative competence of the

Scottish Parliament, or

(ii)   

functions conferred on the Scottish Ministers by

45

an Act or an instrument made under an Act

(whenever passed or made);

(b)   

in the case of an information-sharing order made by the

Welsh Ministers, a policy objective which relates to—

 
 

Coroners and Justice Bill
Part 8 — Data Protection Act 1998 (c. 29)

107

 

(i)   

matters within the legislative competence of the

National Assembly for Wales, or

(ii)   

functions exercisable by the Welsh Ministers, the

First Minister for Wales or the Counsel General

to the Welsh Assembly Government;

5

(c)   

in the case of an information-sharing order made by a

Northern Ireland department, a policy objective which

relates to—

(i)   

transferred matters, or

(ii)   

functions exercisable by a Minister within the

10

meaning of the Northern Ireland Act 1998 or by

a Northern Ireland department;

(d)   

in the case of an information-sharing order made by an

appropriate Minister, a policy objective of that Minister;

“relevant Scottish body” means—

15

(a)   

any part of the Scottish Administration;

(b)   

any public body, public office or holder of such an office

whose functions (in each case) are exercisable only in or

as regards Scotland;

“relevant Welsh body” means any public body, public office or

20

holder of such an office whose functions (in each case) are

exercisable only in relation to Wales;

“transferred matters” has the meaning given by the Northern

Ireland Act 1998;

“Wales” has the meaning given by the Government of Wales Act

25

2006.

(2)   

For the purposes of this Part functions are not to be regarded as

exercisable by the Welsh Ministers, the First Minister for Wales or the

Counsel General to the Welsh Assembly Government merely

because—

30

(a)   

the agreement of the Welsh Ministers, the First Minister for

Wales or the Counsel General to the Welsh Assembly

Government is required to the exercise of a function by a

Minister of the Crown, or

(b)   

the Welsh Ministers, the First Minister for Wales or the Counsel

35

General to the Welsh Assembly Government must be consulted

by a Minister of the Crown about the exercise of a function.”

(2)   

In section 67 of that Act (general provision about orders etc under the Act)—

(a)   

after subsection (3) insert—

“(3A)   

In the case of orders under section 50A—

40

(a)   

subject to paragraph (b), subsections (1) and (2) have

effect as if references to the Secretary of State were

references to a designated authority (within the

meaning of section 50A),

(b)   

an order made by a Northern Ireland department is to

45

be made by statutory rule for the purposes of the

Statutory Rules (Northern Ireland) Order 1979 (and

subsection (1) does not apply), and

(c)   

subsection (3) does not have effect.”, and

(b)   

after subsection (4) insert—

50

 
 

 
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