Enterprise Act 2002 (repealed)

238 InformationF1U.K.

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(1)Information is specified information if it comes to a public authority in connection with the exercise of any function it has under or by virtue of—

(a)Part 1, 3, 4, 6, 7 or 8;

(b)an enactment specified in Schedule 14;

(c)such subordinate legislation as the Secretary of State may by order specify for the purposes of this subsection.

(2)It is immaterial whether information comes to a public authority before or after the passing of this Act.

(3)Public authority (except in the expression “overseas public authority”) must be construed in accordance with section 6 of the Human Rights Act 1998 (c. 42).

(4)In subsection (1) the reference to an enactment includes a reference to an enactment contained in—

(a)an Act of the Scottish Parliament;

(b)Northern Ireland legislation;

(c)subordinate legislation.

(5)The Secretary of State may by order amend Schedule 14.

(6)The power to make an order under subsection (5) includes power to add, vary or remove a reference to any provision of—

(a)an Act of the Scottish Parliament;

(b)Northern Ireland legislation.

(7)An order under this section must be made by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament.

(8)This section applies for the purposes of this Part.

Textual Amendments applied to the whole legislation

F1Act: for the words "solicitor of the Supreme Court of Northern Ireland" wherever they occur there is substituted (prosp.) the words "solicitor of the Court of Judicature of Northern Ireland" by virtue of Constitutional Reform Act 2005 (c. 4), ss. 59, 148(1), Sch. 11 para. 5 [Editorial Note: this amendment will be carried through into the text of the Act at the same time as any other effects on the Act for the year in which the relevant commencement order (or first such order) is made]