The Contracting Out (Functions relating to Broadcast Advertising) and Specification of Relevant Functions Order 2004

Disclosure of information

11.—(1) Section 393 of the 2003 Act (general restrictions on disclosure of information) shall apply to a person authorised by virtue of article 3 who obtains information with respect to a particular business in exercise of a power mentioned in subsection (1) of that section as it would apply to OFCOM in exercise of the same such power.

(2) For the purposes of section 393(4) of the 2003 Act (relevant functions for the purposes of restrictions on disclosure of information), the following function is specified, namely any function of the Health Ministers conferred by or under the 1994 Regulations.

(3) In this article “the Health Ministers” means the Ministers specified in section 1(1)(a) of the Medicines Act 1968(1) and in the case of anything falling to be done by them under the 1994 Regulations means any one of them acting alone or any two or more of them acting jointly.

(1)

1968 c. 67. Section 1(1)(a) of the 1968 Act was amended by article 2(2) of and Schedule 1 to S.I. 1969/388 and by article 5 of and paragraph 1(1) of the Schedule to S.I. 1999/3142. By virtue of article 2(2) of and Schedule 1 to S.I. 1969/388 and article 2(1) and 5 of and paragraph 1(1) of the Schedule to S.I. 1999/3142, the functions of the Secretaries of State respectively concerned with health in Scotland and in Wales under the Medicines Act 1968 are exercised by the Secretary of State concerned with Health in England. The functions of the Minister of Health and Social Services for Northern Ireland are now exercised by the Department for Health, Social Services and Public Safety by virtue of section 1(8) of and paragraph 4(1)(b) of the Schedule to the Northern Ireland Act 2000 (c. 1).