- Y Diweddaraf sydd Ar Gael (Diwygiedig)
- Pwynt Penodol mewn Amser (01/01/2016)
- Gwreiddiol (Fel y'i Deddfwyd)
Version Superseded: 25/05/2018
Point in time view as at 01/01/2016. This version of this provision has been superseded.
You are viewing this legislation item as it stood at a particular point in time. A later version of this or provision, including subsequent changes and effects, supersedes this version.
Note the term provision is used to describe a definable element in a piece of legislation that has legislative effect – such as a Part, Chapter or section.
Data Protection Act 1998, Section 31 is up to date with all changes known to be in force on or before 23 August 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
Changes and effects yet to be applied by the editorial team are only applicable when viewing the latest version or prospective version of legislation. They are therefore not accessible when viewing legislation as at a specific point in time. To view the ‘Changes to Legislation’ information for this provision return to the latest version view using the options provided in the ‘What Version’ box above.
(1)Personal data processed for the purposes of discharging functions to which this subsection applies are exempt from the subject information provisions in any case to the extent to which the application of those provisions to the data would be likely to prejudice the proper discharge of those functions.
(2)Subsection (1) applies to any relevant function which is designed—
(a)for protecting members of the public against—
(i)financial loss due to dishonesty, malpractice or other seriously improper conduct by, or the unfitness or incompetence of, persons concerned in the provision of banking, insurance, investment or other financial services or in the management of bodies corporate,
(ii)financial loss due to the conduct of discharged or undischarged bankrupts, or
(iii)dishonesty, malpractice or other seriously improper conduct by, or the unfitness or incompetence of, persons authorised to carry on any profession or other activity,
(b)for protecting charities [F1or community interest companies] against misconduct or mismanagement (whether by trustees [F2, directors] or other persons) in their administration,
(c)for protecting the property of charities [F1or community interest companies] from loss or misapplication,
(d)for the recovery of the property of charities [F1or community interest companies] ,
(e)for securing the health, safety and welfare of persons at work, or
(f)for protecting persons other than persons at work against risk to health or safety arising out of or in connection with the actions of persons at work.
(3)In subsection (2) “relevant function” means—
(a)any function conferred on any person by or under any enactment,
(b)any function of the Crown, a Minister of the Crown or a government department, or
(c)any other function which is of a public nature and is exercised in the public interest.
(4)Personal data processed for the purpose of discharging any function which—
(a)is conferred by or under any enactment on—
(i)the Parliamentary Commissioner for Administration,
(ii)the Commission for Local Administration in England F3...F3...F4. . . ,
(iii)the Health Service Commissioner for England F5...F5...F6. . . ,
[F7(iv)the Public Services Ombudsman for Wales,]
(v)the Assembly Ombudsman for Northern Ireland, F8. . .
(vi)the Northern Ireland Commissioner for Complaints, [F9or]
[F10(vii) the Scottish Public Services Ombudsman, and]
(b)is designed for protecting members of the public against—
(i)maladministration by public bodies,
(ii)failures in services provided by public bodies, or
(iii)a failure of a public body to provide a service which it was a function of the body to provide,
are exempt from the subject information provisions in any case to the extent to which the application of those provisions to the data would be likely to prejudice the proper discharge of that function.
[F11(4A)Personal data processed for the purpose of discharging any function which is conferred by or under Part XVI of the Financial Services and Markets Act 2000 on the body established by the Financial Services Authority for the purposes of that Part are exempt from the subject information provisions in any case to the extent to which the application of those provisions to the data would be likely to prejudice the proper discharge of the function.]
[F12(4B)Personal data processed for the purposes of discharging any function of the Legal Services Board are exempt from the subject information provisions in any case to the extent to which the application of those provisions to the data would be likely to prejudice the proper discharge of the function.]
[F13(4C)Personal data processed for the purposes of the function of considering a complaint under the scheme established under Part 6 of the Legal Services Act 2007 (legal complaints) are exempt from the subject information provisions in any case to the extent to which the application of those provisions to the data would be likely to prejudice the proper discharge of the function.]
(5)Personal data processed for the purpose of discharging any function which—
(a)is conferred by or under any enactment on the [F14 the Competition and Markets Authority ], and
(b)is designed—
(i)for protecting members of the public against conduct which may adversely affect their interests by persons carrying on a business,
(ii)for regulating agreements or conduct which have as their object or effect the prevention, restriction or distortion of competition in connection with any commercial activity, or
(iii)for regulating conduct on the part of one or more undertakings which amounts to the abuse of a dominant position in a market,
are exempt from the subject information provisions in any case to the extent to which the application of those provisions to the data would be likely to prejudice the proper discharge of that function.
[F15(5A)Personal data processed by a CPC enforcer for the purpose of discharging any function conferred on such a body by or under the CPC Regulation are exempt from the subject information provisions in any case to the extent to which the application of those provisions to the data would be likely to prejudice the proper discharge of that function.
(5B)In subsection (5A)—
(a) “ CPC enforcer ” has the meaning given to it in section 213(5A) of the Enterprise Act 2002 but does not include the [F16 Competition and Markets Authority ];
(b) “CPC Regulation” has the meaning given to it in section 235A of that Act. ]
[F17(6) Personal data processed for the purpose of the function of considering a complaint under section 113(1) or (2) or 114(1) or (3) of the Health and Social Care (Community Health and Standards) Act 2003, or section 24D, 26 F18 . . . or 26ZB of the Children Act 1989, are exempt from the subject information provisions in any case to the extent to which the application of those provisions to the data would be likely to prejudice the proper discharge of that function. ]
[F19(7)Personal data processed for the purpose of discharging any function which is conferred by or under Part 3 of the Local Government Act 2000 on—
(a)the monitoring officer of a relevant authority,
(b)F20 . . . or
(c)the Public Services Ombudsman for Wales,
are exempt from the subject information provisions in any case to the extent to which the application of those provisions to the data would be likely to prejudice the proper discharge of that function.
(8)In subsection (7)—
(a) “ relevant authority ” has the meaning given by section 49(6) of the Local Government Act 2000, and
(b)any reference to the monitoring officer of a relevant authority, or to an ethical standards officer, has the same meaning as in Part 3 of that Act.]
Textual Amendments
F1Words in s. 31(2)(b)(c)(d) inserted (1.7.2005) by Companies (Audit, Investigations and Community Enterprise) Act 2004 (c. 27), ss. 59(3)(a), 65; S.I. 2004/3322, art. 2(3), Sch. 3 (subject to arts. 3-13)
F2Words in s. 31(2)(b) inserted (1.7.2005) by Companies (Audit, Investigations and Community Enterprise) Act 2004 (c. 27), ss. 59(3)(b), 65; S.I. 2004/3322, art. 2(3), Sch. 3 (subject to arts. 3-13)
F3Words in s. 31(4)(a)(ii) repealed (1.4.2006 for W) by Public Services Ombudsman (Wales) Act 2005 (c. 10), ss. 39, 40, Sch. 6 para. 60(a), Sch. 7; S.I. 2005/2800, art. 5
F4Words in s. 31(4)(a)(ii) omitted (14.7.2004) by virtue of The Scottish Public Services Ombudsman Act 2002 (Consequential Provisions and Modifications) Order 2004 (S.I. 2004/1823), art. 19(a)(ii)
F5Words in s. 31(4)(a)(iii) repealed (1.4.2006 for W.) by Public Services Ombudsman (Wales) Act 2005 (c. 10), ss. 39, 40, Sch. 6 para. 60(b), Sch. 7; S.I. 2005/2800, art. 5
F6Words in s. 31(4)(a)(iii) omitted (14.7.2004) by virtue of The Scottish Public Services Ombudsman Act 2002 (Consequential Provisions and Modifications) Order 2004 (S.I. 2004/1823), art. 19(b)(ii)
F7S. 31(4)(a)(iv) substituted (1.4.2006 for W.) by Public Services Ombudsman (Wales) Act 2005 (c. 10), ss. 39, 40, Sch. 6 para. 60(c), Sch. 7; S.I. 2005/2800, art. 5
F8Word in s. 31(4)(a)(v) omitted (14.7.2004) by virtue of The Scottish Public Services Ombudsman Act 2002 (Consequential Provisions and Modifications) Order 2004 (S.I. 2004/1823), art. 19(c)
F9Word in s. 31(4)(a)(vi) substituted (14.7.2004) by The Scottish Public Services Ombudsman Act 2002 (Consequential Provisions and Modifications) Order 2004 (S.I. 2004/1823), art. 19(d)
F10S. 31(4)(a)(vii) inserted (14.7.2004) by The Scottish Public Services Ombudsman Act 2002 (Consequential Provisions and Modifications) Order 2004 (S.I. 2004/1823), art. 19(e)
F11S. 31(4A) inserted (1.12.2001) by 2000 c. 8, s. 233; S.I. 2001/3538, art. 2(1)
F12S. 31(4B) inserted (1.1.2010) by Legal Services Act 2007 (c. 29), ss. 170, 211 (with ss. 29, 192, 193); S.I. 2009/3250, art. 2(e) (with art. 9)
F13S. 31(4C) inserted (6.10.2010) by Legal Services Act 2007 (c. 29), ss. 153, 211 (with ss. 29, 192, 193); S.I. 2010/2089, art. 2(a)
F14Words in s. 31(5) substituted (1.4.2014) by The Enterprise and Regulatory Reform Act 2013 (Competition) (Consequential, Transitional and Saving Provisions) Order 2014 (S.I. 2014/892), art. 1(1), Sch. 1 para. 118(2) (with art. 3)
F15S. 31(5A)(5B) inserted (8.1.2007) by The Enterprise Act 2002 (Amendment) Regulations 2006 (S.I. 2006/3363), reg. 29
F16Words in s. 31(5B) substituted (1.4.2014) by The Enterprise and Regulatory Reform Act 2013 (Competition) (Consequential, Transitional and Saving Provisions) Order 2014 (S.I. 2014/892), art. 1(1), Sch. 1 para. 118(3) (with art. 3)
F17S. 31(6) inserted (1.6.2004) by Health and Social Care (Community Health and Standards) Act 2003 (c. 43), ss. 119, 199; S.I. 2004/759, art. 8
F18Words in s. 31(6) repealed (1.4.2007) by Education and Inspections Act 2006 (c. 40), ss. 157, 184, 188, Sch. 14 para. 32, Sch. 18 Pt. 5; S.I. 2007/935, art. 5(gg)(ii)
F19S. 31(7)(8) inserted (E.W.) (1.4.2008) by Local Government and Public Involvement in Health Act 2007 (c. 28), ss. 200, 245 (with s. 201); S.I. 2008/172, art. 4(k)
F20S. 31(7)(b) repealed (31.1.2012 for E.W.) by Localism Act 2011 (c. 20), ss. 26, 237, 240, Sch. 4 para. 6(a), Sch. 25 Pt. 5; S.I. 2012/57, art. 5(1)(c)(2)(a)
Modifications etc. (not altering text)
C1S. 31 extended (2.12.1999) by S.I. 1999/3145, arts. 1, 9(3)(b); S.I. 1999/3208, art. 2
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
Y Ddeddf Gyfan you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
Y Diweddaraf sydd Ar Gael (diwygiedig):Y fersiwn ddiweddaraf sydd ar gael o’r ddeddfwriaeth yn cynnwys newidiadau a wnaed gan ddeddfwriaeth ddilynol ac wedi eu gweithredu gan ein tîm golygyddol. Gellir gweld y newidiadau nad ydym wedi eu gweithredu i’r testun eto yn yr ardal ‘Newidiadau i Ddeddfwriaeth’.
Gwreiddiol (Fel y’i Deddfwyd neu y’i Gwnaed): Mae'r wreiddiol fersiwn y ddeddfwriaeth fel ag yr oedd pan gafodd ei deddfu neu eu gwneud. Ni wnaed unrhyw newidiadau i’r testun.
Pwynt Penodol mewn Amser: This becomes available after navigating to view revised legislation as it stood at a certain point in time via Advanced Features > Show Timeline of Changes or via a point in time advanced search.
Rhychwant ddaearyddol: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Dangos Llinell Amser Newidiadau: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Gallwch wneud defnydd o ddogfennau atodol hanfodol a gwybodaeth ar gyfer yr eitem ddeddfwriaeth o’r tab hwn. Yn ddibynnol ar yr eitem ddeddfwriaeth sydd i’w gweld, gallai hyn gynnwys:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Defnyddiwch y ddewislen hon i agor dogfennau hanfodol sy’n cyd-fynd â’r ddeddfwriaeth a gwybodaeth am yr eitem hon o ddeddfwriaeth. Gan ddibynnu ar yr eitem o ddeddfwriaeth sy’n cael ei gweld gall hyn gynnwys:
liciwch ‘Gweld Mwy’ neu ddewis ‘Rhagor o Adnoddau’ am wybodaeth ychwanegol gan gynnwys