|
| |
|
(b) | contain consequential and supplementary provision. |
| |
(6) | The consequential and supplementary provision referred to in subsection |
| |
(5)(b) includes in particular provision— |
| |
(a) | prohibiting or restricting further disclosure by the Board of information |
| |
disclosed under the regulations; |
| 5 |
(b) | authorising further disclosure by the Board of such information in |
| |
circumstances where the disclosure would otherwise be prohibited by |
| |
a rule of law, this Act or an Act passed before this Act. |
| |
(7) | The Scottish Ministers may only make regulations under subsection (1) with |
| |
the consent of the Treasury. |
| 10 |
(8) | The Scottish Ministers may only make regulations under subsection (1) |
| |
authorising any disclosure if they and the Treasury are satisfied that— |
| |
(a) | the disclosure is required by the Board to enable it to carry out the |
| |
function or functions in relation to which the disclosure is authorised, |
| |
| 15 |
(b) | the disclosure is in the public interest. |
| |
48 | Power to authorise disclosure to the Board: Northern Ireland |
| |
(1) | Subject to this section, a Northern Ireland department may make regulations |
| |
for the purpose of authorising a Northern Ireland public authority to disclose |
| |
information to the Board where— |
| 20 |
(a) | the disclosure would otherwise be prohibited by a rule of law, an Act |
| |
passed before this Act or any Northern Ireland legislation passed or |
| |
| |
(b) | the authority would not otherwise have power to make the disclosure. |
| |
(2) | Regulations under subsection (1) may only authorise disclosure to enable the |
| 25 |
Board to carry out one or more of its functions, other than its function under |
| |
section 21 (statistical services). |
| |
(3) | The Board may only use information received under regulations under |
| |
subsection (1) for the purposes for which disclosure is authorised under |
| |
| 30 |
(4) | In the application of section 38 to personal information which has been |
| |
disclosed to the Board under regulations under subsection (1), paragraphs (c) |
| |
and (i) of subsection (4) of that section do not apply (subject to any provision |
| |
made under subsection (6)(b) below). |
| |
(5) | Regulations under subsection (1) may— |
| 35 |
(a) | amend or modify any enactment; |
| |
(b) | contain consequential and supplementary provision. |
| |
(6) | The consequential and supplementary provision referred to in subsection |
| |
(5)(b) includes in particular provision— |
| |
(a) | prohibiting or restricting further disclosure by the Board of information |
| 40 |
disclosed under the regulations; |
| |
(b) | authorising further disclosure by the Board of such information in |
| |
circumstances where the disclosure would otherwise be prohibited by |
| |
a rule of law, this Act or an Act passed before this Act. |
| |
|
| |
|
| |
|
(7) | A Northern Ireland department may only make regulations under subsection |
| |
(1) with the consent of the Treasury. |
| |
(8) | A Northern Ireland department may only make regulations under subsection |
| |
(1) authorising any disclosure if the department and the Treasury are satisfied |
| |
| 5 |
(a) | the disclosure is required by the Board to enable it to carry out the |
| |
function or functions in relation to which the disclosure is authorised, |
| |
| |
(b) | the disclosure is in the public interest. |
| |
49 | Power to authorise use of information by the Board |
| 10 |
(1) | Subject to this section, the Cabinet Office may make regulations for the purpose |
| |
of authorising the Board to use information received from a public authority |
| |
where the use would otherwise be prohibited by a rule of law or an Act passed |
| |
| |
(2) | Regulations under subsection (1) may only authorise use to enable the Board |
| 15 |
to carry out one or more of its functions, other than its function under section |
| |
21 (statistical services). |
| |
(3) | Regulations under subsection (1) may— |
| |
(a) | amend or modify any enactment; |
| |
(b) | contain consequential and supplementary provision. |
| 20 |
(4) | The Cabinet Office may only make regulations under subsection (1) with the |
| |
consent of a Minister of the Crown. |
| |
(5) | The Cabinet Office may only make regulations under subsection (1) |
| |
authorising the use of any information if the Cabinet Office and the Minister of |
| |
the Crown consenting to the regulations are satisfied that— |
| 25 |
(a) | the Board needs to use the information to enable it to carry out the |
| |
function or functions for which the use is authorised, and |
| |
(b) | the use is in the public interest. |
| |
(6) | Where the Cabinet Office is the relevant Minister in relation to a public |
| |
authority, subsection (4) and the reference to the Minister of the Crown in |
| 30 |
subsection (5) do not apply. |
| |
(7) | The Cabinet Office must consult the Commissioners for Her Majesty’s |
| |
Revenue and Customs before making regulations under subsection (1) |
| |
authorising the use of information received from the Commissioners or an |
| |
officer of Revenue and Customs. |
| 35 |
50 | Power to authorise disclosure by the Board |
| |
(1) | Subject to this section, the Cabinet Office may by regulations make provision |
| |
for the purpose of authorising the Board to disclose information to a public |
| |
authority where the disclosure would otherwise be prohibited by a rule of law |
| |
or an Act passed before this Act. |
| 40 |
(2) | Regulations under subsection (1) may only authorise disclosure for the |
| |
purposes of any or all of the statistical functions of the public authority. |
| |
|
| |
|
| |
|
(3) | A public authority may only use information received under regulations under |
| |
subsection (1) for the purposes for which disclosure is authorised under |
| |
| |
(4) | In the application of section 38 to personal information which has been |
| |
disclosed to a public authority under regulations under subsection (1), |
| 5 |
paragraphs (c) and (i) of subsection (4) of that section do not apply (subject to |
| |
any provision made under subsection (7)(b) below). |
| |
(5) | Regulations under subsection (1) may not authorise disclosure to— |
| |
(a) | a Scottish public authority for the purpose of the exercise by the |
| |
authority of statistical functions which relate to matters which are not |
| 10 |
| |
(b) | a Northern Ireland public authority. |
| |
(6) | Regulations under subsection (1) may— |
| |
(a) | amend or modify any enactment; |
| |
(b) | contain consequential and supplementary provision. |
| 15 |
(7) | The consequential and supplementary provision referred to in subsection |
| |
(6)(b) includes in particular— |
| |
(a) | provision prohibiting or restricting further disclosure by a public |
| |
authority of information disclosed under the regulations; |
| |
(b) | provision authorising further disclosure by a public authority of such |
| 20 |
information in circumstances where the disclosure would otherwise be |
| |
prohibited by a rule of law, this Act or an Act passed before this Act. |
| |
(8) | Regulations may only be made under subsection (1) authorising disclosure to |
| |
a public authority with the consent of a Minister of the Crown. |
| |
(9) | Regulations may only be made under subsection (1) authorising any disclosure |
| 25 |
to a public authority if the Cabinet Office and the Minister of the Crown |
| |
consenting to the regulations are satisfied that— |
| |
(a) | the disclosure is required by the public authority for the purposes |
| |
specified in the regulations, and |
| |
(b) | the disclosure is in the public interest. |
| 30 |
(10) | Subsection (8) and the reference to the Minister of the Crown in subsection (9) |
| |
do not apply in relation to regulations authorising disclosure to a public |
| |
authority where the Cabinet Office is the relevant Minister in relation to the |
| |
| |
(11) | The Cabinet Office must consult the Commissioners for Her Majesty’s |
| 35 |
Revenue and Customs before making regulations under subsection (1) |
| |
authorising any disclosure to the Commissioners or to an officer of Revenue |
| |
| |
51 | Power to authorise disclosure by the Board: Scotland |
| |
(1) | Subject to this section, the Scottish Ministers may by regulations make |
| 40 |
provision for the purpose of authorising the Board to disclose information to a |
| |
Scottish public authority where the disclosure would otherwise be prohibited |
| |
by a rule of law or an Act passed before this Act. |
| |
(2) | Regulations under subsection (1) may only authorise disclosure for the |
| |
purposes of any or all of the statistical functions of the Scottish public |
| 45 |
authority, so far as relating to matters which are not reserved matters. |
| |
|
| |
|
| |
|
(3) | A Scottish public authority may only use information received under |
| |
regulations under subsection (1) for the purposes for which disclosure is |
| |
authorised under subsection (2). |
| |
(4) | In the application of section 38 to personal information which has been |
| |
disclosed to a Scottish public authority under regulations under subsection (1), |
| 5 |
paragraphs (c) and (i) of subsection (4) of that section do not apply (subject to |
| |
any provision made under subsection (6)(b) below). |
| |
(5) | Regulations under subsection (1) may— |
| |
(a) | amend or modify any enactment; |
| |
(b) | contain consequential and supplementary provision. |
| 10 |
(6) | The consequential and supplementary provision referred to in subsection |
| |
(5)(b) includes in particular— |
| |
(a) | provision prohibiting or restricting further disclosure by a Scottish |
| |
public authority of information disclosed under the regulations; |
| |
(b) | provision authorising further disclosure by a Scottish public authority |
| 15 |
of such information in circumstances where the disclosure would |
| |
otherwise be prohibited by a rule of law, this Act, an Act passed before |
| |
this Act or an Act of the Scottish Parliament passed before this Act. |
| |
(7) | The Scottish Ministers may only make regulations under subsection (1) with |
| |
the consent of the Cabinet Office. |
| 20 |
(8) | The Scottish Ministers may only make regulations under subsection (1) |
| |
authorising any disclosure if they and the Cabinet Office are satisfied that— |
| |
(a) | the disclosure is required by the Scottish public authority for the |
| |
purposes specified in the regulations, and |
| |
(b) | the disclosure is in the public interest. |
| 25 |
52 | Power to authorise disclosure by the Board: Northern Ireland |
| |
(1) | Subject to this section, a Northern Ireland department may by regulations |
| |
make provision for the purpose of authorising the Board to disclose |
| |
information to a Northern Ireland public authority where the disclosure would |
| |
otherwise be prohibited by a rule of law or an Act passed before this Act. |
| 30 |
(2) | Regulations under subsection (1) may only authorise disclosure for the |
| |
purposes of any or all of the statistical functions of the Northern Ireland public |
| |
| |
(3) | A Northern Ireland public authority may only use information received under |
| |
regulations under subsection (1) for the purposes for which disclosure is |
| 35 |
authorised under subsection (2). |
| |
(4) | In the application of section 38 to personal information which has been |
| |
disclosed to a Northern Ireland public authority under regulations under |
| |
subsection (1), paragraphs (c) and (i) of subsection (4) of that section do not |
| |
apply (subject to any provision made under subsection (6)(b) below). |
| 40 |
(5) | Regulations under subsection (1) may— |
| |
(a) | amend or modify any enactment; |
| |
(b) | contain consequential and supplementary provision. |
| |
(6) | The consequential and supplementary provision referred to in subsection |
| |
(5)(b) includes in particular— |
| 45 |
|
| |
|
| |
|
(a) | provision prohibiting or restricting further disclosure by a Northern |
| |
Ireland public authority of information disclosed under the |
| |
| |
(b) | provision authorising further disclosure by a Northern Ireland public |
| |
authority of such information in circumstances where the disclosure |
| 5 |
would otherwise be prohibited by a rule of law, this Act, an Act passed |
| |
before this Act or any Northern Ireland legislation passed or made |
| |
| |
(7) | A Northern Ireland department may only make regulations under subsection |
| |
(1) with the consent of the Cabinet Office. |
| 10 |
(8) | A Northern Ireland department may only make regulations under subsection |
| |
(1) authorising any disclosure if the department and the Cabinet Office are |
| |
| |
(a) | the disclosure is required by the Northern Ireland public authority for |
| |
the purposes specified in the regulations, and |
| 15 |
(b) | the disclosure is in the public interest. |
| |
53 | Data Protection Act 1998 and Human Rights Act 1998 |
| |
In sections 46 to 52, references to an Act passed before this Act do not include— |
| |
(a) | the Data Protection Act 1998 (c. 29), or |
| |
(b) | the Human Rights Act 1998 (c. 42). |
| 20 |
| |
54 | Cessation of Office for National Statistics etc |
| |
The following shall cease to function on the commencement of this section— |
| |
(a) | the Office for National Statistics; |
| |
(b) | the Statistics Commission. |
| 25 |
55 | Transfers etc from ONS to the Board |
| |
(1) | Subject to subsection (6), on commencement of this section the property, rights |
| |
and liabilities of the Office for National Statistics and of the National |
| |
Statistician shall by virtue of this section vest in the Board. |
| |
(2) | Subsection (1) shall operate in relation to property, rights and liabilities— |
| 30 |
(a) | whether or not they would otherwise be capable of being transferred, |
| |
(b) | without any instrument or other formality being required, and |
| |
(c) | irrespective of any requirement for consent that would otherwise |
| |
| |
(3) | Anything done by, on behalf of or in relation to the Office for National Statistics |
| 35 |
or the National Statistician which has effect immediately before the |
| |
commencement of this section shall continue to have effect as if done by, on |
| |
behalf of or in relation to the Board. |
| |
(4) | Anything (including legal proceedings) which immediately before |
| |
commencement of this section is in the process of being done by, on behalf of |
| 40 |
or in relation to the Office for National Statistics or the National Statistician |
| |
may be continued by, on behalf of or in relation to the Board. |
| |
|
| |
|
| |
|
(5) | So far as is necessary or appropriate in consequence of the preceding |
| |
provisions of this section, on and after commencement of this section a |
| |
reference to the Office for National Statistics or the National Statistician in an |
| |
agreement (whether written or not), instrument or other document shall be |
| |
treated as a reference to the Board. |
| 5 |
(6) | The Treasury may make a scheme or schemes identifying property, rights and |
| |
liabilities of the Office for National Statistics or the National Statistician (or |
| |
both) which shall not vest in the Board on commencement of this section but |
| |
shall vest in the Registrar General for England and Wales or a Minister of the |
| |
Crown (including the Treasury). |
| 10 |
(7) | A scheme under subsection (6) shall have effect— |
| |
(a) | in so far as it excludes anything from the operation of subsection (1), on |
| |
commencement of this section, and |
| |
(b) | in so far as it vests anything in the Registrar General or Minister of the |
| |
Crown, on such date as may be specified in the scheme. |
| 15 |
(8) | A scheme under subsection (6) may operate in relation to property, rights and |
| |
liabilities as specified in subsection (2)(a), (b) and (c). |
| |
(9) | A scheme under subsection (6) may include consequential and incidental |
| |
provision and may in particular— |
| |
(a) | make provision for the continuing effect of things done by the Office for |
| 20 |
National Statistics or the National Statistician before commencement of |
| |
| |
(b) | make provision for the continuation of things (including legal |
| |
proceedings) in the process of being done by, on behalf of or in relation |
| |
to the Office for National Statistics or the National Statistician |
| 25 |
immediately before commencement of this section; |
| |
(c) | make provision for references to the Office for National Statistics or the |
| |
National Statistician in an agreement (whether written or not), |
| |
instrument or other document to be treated as references to the |
| |
Registrar General or a Minister of the Crown; |
| 30 |
(d) | make provision for shared ownership, use or access. |
| |
(10) | Where a scheme has been made under subsection (6), the Board and the |
| |
Registrar General or the Minister of the Crown may agree in writing to modify |
| |
the scheme (and any such modification shall have effect as from the date the |
| |
original scheme came into effect). |
| 35 |
(11) | In this section “the National Statistician” means the National Statistician who |
| |
holds office immediately before the commencement of section 1. |
| |
56 | Transfers etc from Registrar General to the Board |
| |
(1) | On commencement of this section the property, rights and liabilities of the |
| |
Registrar General for England and Wales held or incurred in relation to the |
| 40 |
functions transferred under section 24 (the “transferred functions”) shall by |
| |
virtue of this section vest in the Board. |
| |
(2) | Subsection (1) shall operate in relation to property, rights and liabilities— |
| |
(a) | whether or not they would otherwise be capable of being transferred, |
| |
(b) | without any instrument or other formality being required, and |
| 45 |
(c) | irrespective of any requirement for consent that would otherwise |
| |
| |
|
| |
|
| |
|
(3) | Anything done by, on behalf of or in relation to the Registrar General in respect |
| |
of the transferred functions which has effect immediately before |
| |
commencement of this section shall continue to have effect as if done by, on |
| |
behalf of or in relation to the Board. |
| |
(4) | Anything (including legal proceedings) which immediately before |
| 5 |
commencement of this section is in the process of being done by, on behalf of |
| |
or in relation to the Registrar General in respect of, or connected with, the |
| |
transferred functions, may be continued by, on behalf of or in relation to the |
| |
| |
(5) | So far as is necessary or appropriate in consequence of the preceding |
| 10 |
provisions of this section, on and after commencement of this section a |
| |
reference to the Registrar General in an agreement (whether written or not), |
| |
instrument or other document shall be treated as a reference to the Board. |
| |
57 | Transfers etc from Ministers of the Crown to the Board |
| |
(1) | The Treasury may make a scheme or schemes transferring property, rights and |
| 15 |
liabilities from a Minister of the Crown to the Board and such transfer shall |
| |
have effect in accordance with the terms of the scheme. |
| |
(2) | A scheme under subsection (1) may operate in relation to property, rights and |
| |
liabilities as specified in section 55(2)(a), (b) and (c). |
| |
(3) | A scheme under subsection (1) may include consequential and incidental |
| 20 |
provision and may in particular— |
| |
(a) | make provision for the continuing effect of things done by the Minister |
| |
of the Crown in relation to anything transferred by the scheme; |
| |
(b) | make provision for the continuation of things (including legal |
| |
proceedings) in the process of being done by, on behalf of or in relation |
| 25 |
to the Minister of the Crown in relation to anything transferred by the |
| |
| |
(c) | make provision for references to the Minister of the Crown in an |
| |
agreement (whether written or not), instrument or other document in |
| |
relation to anything transferred by the scheme to be treated as |
| 30 |
| |
(d) | make provision for shared ownership, use or access. |
| |
(4) | Where a scheme has been made under subsection (1), the Minister of the |
| |
Crown and the Board may agree in writing to modify the scheme (and any |
| |
such modification shall have effect as from the date the original scheme came |
| 35 |
| |
58 | Provision of services and facilities by the Board |
| |
(1) | The Board may provide services and facilities to— |
| |
(a) | the Registrar General for England and Wales in order to enable him |
| |
more efficiently to carry out his functions, |
| 40 |
(b) | the Boundary Commission for England in order to enable it more |
| |
efficiently to carry out its functions, and |
| |
(c) | the Secretary of State or another public authority in order to enable him |
| |
or it more efficiently to carry out his or its functions relating to the |
| |
registration in England or Wales of persons to whom primary medical |
| 45 |
services are or have been provided. |
| |
|
| |
|