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Changes over time for: Section 38
Timeline of Changes
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Version Superseded: 09/08/2022
Status:
Point in time view as at 31/12/2020. This version of this provision has been superseded.
Status
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Changes to legislation:
There are currently no known outstanding effects for the The ISIL (Da'esh) and Al-Qaida (United Nations Sanctions) (EU Exit) Regulations 2019, Section 38.
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Part 7: supplementaryU.K.
This section has no associated Explanatory Memorandum
38.—(1) A disclosure of information under regulation 37 does not breach any restriction on such disclosure imposed by statute or otherwise.
(2) But nothing in that regulation authorises a disclosure that—
(a)contravenes the data protection legislation, or
(b)is prohibited by any of Parts 1 to 7 or Chapter 1 of Part 9 of the Investigatory Powers Act 2016 .
(3) Nothing in this Part is to be read as requiring a person who has acted or is acting as counsel or solicitor for any person to disclose any privileged information in their possession in that capacity.
(4) Regulation 37 does not limit the circumstances in which information may be disclosed apart from that regulation.
(5) Nothing in this Part limits any conditions which may be contained in a Treasury licence.
(6) In this regulation—
“the data protection legislation” has the same meaning as in the Data Protection Act 2018 (see section 3 of that Act) ;
“privileged information” means information with respect to which a claim to legal professional privilege (in Scotland, to confidentiality of communications) could be maintained in legal proceedings.
Commencement Information
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