Coroners and Justice Bill

House of Commons

Session 2008 - 09
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Other Bills before Parliament

Coroners and Justice Bill

Coroners and Justice Bill
Part 8 — Data Protection Act 1998 (c. 29)
108

“(4A)
A statutory instrument containing an order made by an
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
5
Scottish Ministers under section 50A must not be made unless a
draft of the instrument has been laid before, and approved by a
resolution of, the Scottish Parliament.
(4C)
A statutory instrument containing an order made by the Welsh
Ministers under section 50A must not be made unless a draft of
10
the instrument has been laid before, and approved by a
resolution of, the National Assembly for Wales.
(4D)
A statutory rule containing an order made by a Northern
Ireland department under section 50A is subject to affirmative
resolution, within the meaning of section 41(4) of the
15
Interpretation Act (Northern Ireland) 1954.”
155
Data-sharing code of practice
(1)
After section 52 of the Data Protection Act 1998 (c. 29) insert—
“52A
Data-sharing code
(1)
The Commissioner must prepare a code of practice which contains—
20
(a)
practical guidance in relation to the sharing of personal data in
accordance with the requirements of this Act, and
(b)
such other guidance as the Commissioner considers
appropriate to promote good practice in the sharing of personal
data.
25
(2)
For this purpose “good practice” means such practice in the sharing of
personal data as appears to the Commissioner to be desirable having
regard to the interests of data subjects and others, and includes (but is
not limited to) compliance with the requirements of this Act.
(3)
Before a code is prepared under this section, the Commissioner must
30
consult such of the following as the Commissioner considers
appropriate—
(a)
trade associations (within the meaning of section 51);
(b)
data subjects;
(c)
persons who appear to the Commissioner to represent the
35
interests of data subjects.
(4)
In this section a reference to the sharing of personal data is to the
disclosure of the data by transmission, dissemination or otherwise
making it available.
52B
Data-sharing code: procedure
40
(1)
When a code is prepared under section 52A, it must be submitted to the
Secretary of State for approval.
(2)
Approval may be withheld only if it appears to the Secretary of State
that the terms of the code could result in the United Kingdom being in

Coroners and Justice Bill
Part 8 — Data Protection Act 1998 (c. 29)
109

breach of any of its Community obligations or any other international
obligation.
(3)
The Secretary of State must—
(a)
if approval is withheld, publish details of the reasons for
withholding it;
5
(b)
if approval is granted, lay the code before Parliament.
(4)
If, within the 40-day period, either House of Parliament resolves not to
approve the code, the code is not to be issued by the Commissioner.
(5)
If no such resolution is made within that period, the Commissioner
must issue the code.
10
(6)
Where—
(a)
the Secretary of State withholds approval, or
(b)
such a resolution is passed,

the Commissioner must prepare another code of practice under section
52A.
15
(7)
Subsection (4) does not prevent a new code being laid before
Parliament.
(8)
A code comes into force at the end of the period of 21 days beginning
with the day on which it is issued.
(9)
A code may include transitional provision or savings.
20
(10)
In this section “the 40-day period” means the period of 40 days
beginning with the day on which the code is laid before Parliament (or,
if it is not laid before each House of Parliament on the same day, the
later of the 2 days on which it is laid).
(11)
In calculating the 40-day period, no account is to be taken of any period
25
during which Parliament is dissolved or prorogued or during which
both Houses are adjourned for more than 4 days.
52C
Alteration or replacement of data-sharing code
(1)
The Commissioner—
(a)
must keep the data-sharing code under review, and
30
(b)
may prepare an alteration to that code or a replacement code.
(2)
Where, by virtue of a review under subsection (1)(a) or otherwise, the
Commissioner becomes aware that the terms of the code could result in
the United Kingdom being in breach of any of its Community
obligations or any other international obligation, the Commissioner
35
must exercise the power under subsection (1)(b) with a view to
remedying the situation.
(3)
Before an alteration or replacement code is prepared under subsection
(1), the Commissioner must consult such of the following as the
Commissioner considers appropriate—
40
(a)
trade associations (within the meaning of section 51);
(b)
data subjects;
(c)
persons who appear to the Commissioner to represent the
interests of data subjects.

Coroners and Justice Bill
Part 8 — Data Protection Act 1998 (c. 29)
110

(4)
Section 52B (other than subsection (6)) applies to an alteration or
replacement code prepared under this section as it applies to the code
as first prepared under section 52A.
(5)
In this section “the data-sharing code” means the code issued under
section 52B(5) (as altered or replaced from time to time).
5
52D
Publication of data-sharing code
(1)
The Commissioner must publish the code (and any replacement code)
issued under section 52B(5).
(2)
Where an alteration is so issued, the Commissioner must publish
either—
10
(a)
the alteration, or
(b)
the code or replacement code as altered by it.
52E
Effect of data-sharing code
(1)
A failure on the part of any person to act in accordance with any
provision of the data-sharing code does not of itself render that person
15
liable to any legal proceedings in any court or tribunal.
(2)
The data-sharing code is admissible in evidence in any legal
proceedings.
(3)
If any provision of the data-sharing code appears to—
(a)
the Tribunal or a court conducting any proceedings under this
20
Act,
(b)
a court or tribunal conducting any other legal proceedings, or
(c)
the Commissioner carrying out any function under this Act,

to be relevant to any question arising in the proceedings, or in
connection with the exercise of that jurisdiction or the carrying out of
25
those functions, in relation to any time when it was in force, that
provision of the code must be taken into account in determining that
question.
(4)
In this section “the data-sharing code” means the code issued under
section 52B(5) (as altered or replaced from time to time).”
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(2)
In section 51 of the Data Protection Act 1998 (c. 29) (general duties of
Commissioner), after subsection (5) insert—
“(5A)
In determining the action required to discharge the duties imposed by
subsections (1) to (4), the Commissioner may take account of any action
taken to discharge the duty imposed by section 52A (data-sharing
35
code).”
156
Further amendments of the Data Protection Act 1998 (c. 29)
Schedule 18 contains further amendments of the Data Protection Act 1998.

Coroners and Justice Bill
Part 9 — General
111

Part 9
General
157
Orders, regulations and rules
(1)
Orders or regulations made by the Secretary of State, the Lord Chancellor, the
Welsh Ministers or the Chief Coroner under this Act are to be made by
5
statutory instrument.
(2)
The Statutory Instruments Act 1946 (c. 36) applies in relation to the power of
the Chief Coroner under section 28 to make regulations as if the Chief Coroner
were a Minister of the Crown.
(3)
Any power conferred by this Act to make orders, regulations or rules includes
10
power—
(a)
to make provision generally or only for specified purposes, cases,
circumstances or areas;
(b)
to make different provision for different purposes, cases, circumstances
or areas;
15
(c)
to make incidental, supplementary, consequential, transitional,
transitory or saving provision.
(4)
A statutory instrument containing an order or regulations under this Act is
subject to negative resolution procedure unless it is—
(a)
an instrument within subsection (5), or
20
(b)
an instrument containing an order under section 163 only.
(5)
A statutory instrument containing (whether alone or with other provision)—
(a)
regulations under section 19(5) setting a fee for the first time or
increasing the fee by more than is necessary to reflect changes in the
value of money,
25
(b)
an order under section 30(5),
(c)
an order under section 59, 60, 62 or 63,
(d)
an order under section 129(1) or (3),
(e)
an order under section 141(2)(a)(ii) or (4),
(f)
an order under section 158 which contains provision amending or
30
repealing any provision of an Act, or
(g)
an order under paragraph 4, 34 or 35 of Schedule 20.

is subject to affirmative resolution procedure.
(6)
In this section—
“affirmative resolution procedure” means—
35
(a)
in relation to any statutory instrument made by the Secretary of
State or the Lord Chancellor, a requirement that a draft of the
instrument be laid before, and approved by a resolution of, each
House of Parliament;
(b)
in relation to any statutory instrument made by the Welsh
40
Ministers, a requirement that a draft of the instrument be laid
before, and approved by a resolution of, the National Assembly
for Wales;
“negative resolution procedure” means—

Coroners and Justice Bill
Part 9 — General
112

(a)
in relation to any statutory instrument made by the Secretary of
State, Lord Chancellor or Chief Coroner, annulment in
pursuance of a resolution of either House of Parliament;
(b)
in relation to any statutory instrument made by the Welsh
Ministers, annulment in pursuance of a resolution of the
5
National Assembly for Wales.
158
Consequential etc amendments and transitional and saving provisions
(1)
Schedule 19 contains minor and consequential amendments.
(2)
Schedule 20 contains transitional, transitory and saving provisions.
(3)
An appropriate minister may by order make—
10
(a)
such supplementary, incidental or consequential provision, or
(b)
such transitory, transitional or saving provision,

as the appropriate minister considers appropriate for the general purposes, or
any particular purposes, of this Act, or in consequence of, or for giving full
effect to, any provision made by this Act.
15
(4)
An order under subsection (3) may, in particular—
(a)
provide for any amendment or other provision made by this Act which
comes into force before any other provision (whether made by this or
any other Act or by any subordinate legislation) has come into force to
have effect, until that other provision has come into force, with
20
specified modifications, and
(b)
modify any provision of—
(i)
any Act (including this Act and any Act passed in the same
session as this Act);
(ii)
subordinate legislation made before the passing of this Act;
25
(iii)
Northern Ireland legislation passed, or made, before the
passing of this Act;
(iv)
any instrument made, before the passing of this Act, under
Northern Ireland legislation.
(5)
Nothing in this section limits the power, by virtue of section 157(2), to include
30
incidental, supplementary, consequential, transitional, transitory or saving
provision in an order under section 163.
(6)
The modifications that may be made by virtue of subsection (4)(b) are in
addition to those made by, or which may be made under, any other provision
of this Act.
35
(7)
Her Majesty may by Order in Council extend any provision made by virtue of
subsection (4)(b), with such modifications as may appear to Her Majesty to be
appropriate, to the Isle of Man or any British overseas territory.
(8)
The power under subsection (7) includes power to make supplementary,
incidental, consequential, transitory, transitional or saving provision.
40
(9)
Subsection (7) does not apply in relation to amendments of the Armed Forces
Act 2006 (c. 52).
(10)
In this section—
“appropriate minister” means the Secretary of State or the Lord
Chancellor;
45

Coroners and Justice Bill
Part 9 — General
113

“modify” includes amend, repeal and revoke, and modification is to be
construed accordingly;
“subordinate legislation” has the same meaning as in the Interpretation
Act 1978 (c. 30).
159
Repeals
5
Schedule 21 contains repeals (including repeals of spent provisions).
160
Financial provision
The following are to be paid out of money provided by Parliament—
(a)
any expenditure incurred by a Minister of the Crown under or by virtue
of this Act;
10
(b)
any increase attributable to this Act in the sums payable out of money
so provided under any other Act.
161
Effect of amendments to criminal justice provisions applied for purposes of
service law
(1)
In this section “relevant criminal justice provisions” means provisions of, or
15
made under, an Act which—
(a)
relate to criminal justice, and
(b)
are applied (with or without modifications) for any purposes of service
law by any provision of, or made under, any Act.
(2)
Unless the contrary intention appears, any amendment by this Act of relevant
20
criminal justice provisions also amends those provisions as so applied.
(3)
In this section “service law” means—
(a)
the system of service law established by the Armed Forces Act 2006
(c. 52), or
(b)
any of the systems of service law superseded by that Act (namely,
25
military law, air force law and the Naval Discipline Act 1957 (c. 53)).
162
Extent
(1)
Subject to the following provisions of this section and any other provision of
this Act, this Act extends to England and Wales only.
(2)
The following provisions extend to England and Wales, Scotland and Northern
30
Ireland—
(a)
section 68;
(b)
the service courts provisions of Chapter 2 of Part 3;
(c)
section 124;
(d)
Part 7 (except sections 138(1) and (2), 150(2) and 151 and Schedule 17);
35
(e)
sections 157 to 164;
(f)
paragraphs 5, 10, 16, 29, 41 and 44 of Schedule 20.
(3)
The following provisions extend to England and Wales and Northern
Ireland—
(a)
sections 41, 42 and 43(1);
40
(b)
section 48 and Schedule 10;

Coroners and Justice Bill
Part 9 — General
114

(c)
sections 49 to 53;
(d)
section 54(3);
(e)
section 55 and Schedule 11;
(f)
Chapter 1 of Part 3 (except section 68);
(g)
Chapter 2 of that Part, and paragraphs 17 and 18 of Schedule 20,
5
(subject to subsection (2)(b));
(h)
paragraphs 9, 14(2), 39 and 40 of Schedule 20.
(4)
The following provisions extend to Northern Ireland only—
(a)
section 38 and Schedule 9;
(b)
section 54(2);
10
(c)
paragraphs 6, 13, 38 and 43(2) of Schedule 20.
(5)
Paragraphs 34 and 35 of Schedule 20 extend to England and Wales and
Scotland, and paragraph 36 of that Schedule extends to Scotland only.
(6)
Except as otherwise provided by this Act, an amendment, repeal or revocation
of any enactment by any provision of this Act extends to the part or parts of the
15
United Kingdom to which the enactment extends.
(7)
In section 338(1) of the Criminal Justice Act 2003 (c. 44) (power to extend the
provisions of that Act to the Channel Islands etc) the reference to that Act
includes a reference to that Act as amended by any provision of this Act.
(8)
In section 384 of the Armed Forces Act 2006 (c. 52) (extent to Channel Islands,
20
Isle of Man etc) any reference to that Act includes a reference to—
(a)
that Act as amended by or under any provision of this Act;
(b)
section 68;
(c)
the service courts provisions of Chapter 2 of Part 3;
(d)
section 161.
25
(9)
In this section “the service courts provisions of Chapter 2 of Part 3” means the
provisions of Chapter 2 of Part 3, and paragraph 61 of Schedule 19 and
paragraphs 17 to 22 of Schedule 20, so far as having effect in relation to service
courts.
163
Commencement
30
(1)
The following provisions come into force on the day on which this Act is
passed—
(a)
sections 36 and 37;
(b)
section 58;
(c)
section 100;
35
(d)
section 124;
(e)
sections 132 and 133;
(f)
this section and sections 157, 158(3) to (10), 160, 162 and 164;
(g)
Schedule 16;
(h)
paragraphs 57(3) and 85 to 89 of Schedule 19 (and section 158(1) so far
40
as relating to those provisions);
(i)
Part 1 and paragraphs 26 and 45 of Schedule 20 (and section 158(2) so
far as relating to those provisions);
(j)
in Schedule 21—