Statistics and Registration Service Act 2007

47 Power to authorise disclosure to the Board U.K.

(1) Subject to this section, the Minister for the Cabinet Office may make regulations for the purpose of authorising a public authority to disclose information to the Board where—

(a) the disclosure would otherwise be prohibited by a rule of law or an Act passed before this Act, 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 Board to carry out one or more of its functions, other than its function under section 22 (statistical services).

(3) The Board 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 39 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 (7)(b) below).

(5) Regulations under subsection (1) may not authorise disclosure by—

(a) a Scottish public authority, so far as exercising functions which relate to matters which are not reserved matters, or

(b) a Northern Ireland public authority.

(6) Regulations under subsection (1) may—

(a) amend or modify any enactment;

(b) contain consequential and supplementary provision.

(7) The consequential and supplementary provision referred to in subsection (6)(b) includes in particular provision—

(a) prohibiting or restricting further disclosure by the Board of information 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.

(8) The Minister for the Cabinet Office may only make regulations under subsection (1) with the consent of—

(a) the Welsh Ministers, in a case where the regulations authorise disclosure by a public authority exercising functions only or mainly in or as regards Wales,

(b) the Treasury, in a case where the regulations authorise disclosure by the Commissioners for Her Majesty's Revenue and Customs or an officer of Revenue and Customs, or

(c) a Minister of the Crown (other than the Minister for the Cabinet Office), in any other case.

(9) The Minister for the Cabinet Office may only make regulations under subsection (1) authorising any disclosure if the Minister and any persons or person whose consent is required under subsection (8) 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, and

(b) the disclosure is in the public interest.

(10) Subsection (8)(c) does not apply in relation to regulations authorising disclosure by a public authority where the Minister for the Cabinet Office is the relevant Minister in relation to the public authority.

(11) For the purposes of subsection (10), the Minister for the Cabinet Office is the relevant Minister in relation to such public authorities, or public authorities of such description, as the Minister may by order prescribe.

(12) The Treasury must consult the Commissioners for Her Majesty's Revenue and Customs before giving its consent under subsection (8)(b).

Commencement Information

I1 S. 47 in force at 1.12.2007 by S.I. 2007/3388, art. 2(g)