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Health and Personal Social Services Act (Northern Ireland) 2001
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[F1Power to obtain information etcN.I.
This section has no associated Explanatory Notes
7A—(1) The power under subsection (2) may be exercised for thepurpose of assisting the Council in performing a function under section 5F2... or 6 in respect of a person (“the relevant person”).
(2) If the Council considers that any person (except the relevant person)is able to provide information or produce a document that appears relevant to the performance of the function, it may by notice require the person to provide the information or produce the document.
(3) Subsection (2) does not require or permit any disclosure ofinformation which is prohibited by or under any other statutory provision [F3or the [F4UK GDPR]] .
(4) But where information is held in a form in which the prohibitionoperates because the information is capable of identifying an individual, the Council may, in exercising the power under subsection (2), require that the information be put into a form which is not capable of identifying that individual.
[F5(5) In determining for the purposes of subsection (3) whether a disclosure is prohibited, it is to be assumed for the purposes of paragraph 5(2) of Schedule 2 to the Data Protection Act 2018 and paragraph 3(2) of Schedule 11 to that Act (exemptions from certain provisions of the data protection legislation: disclosures required by law) that the disclosure is required by this section.]
(6) Subsection (2) does not apply to information or a document whichthe person could not be compelled to provide or produce in civil proceedings before the county court.
(7) If a person fails to provide any information or produce any documentwithin 14 days of the person being required to do so under this section, the Council may apply to the county court for an order requiring the information to be provided or the document to be produced.
[F6(8) In this section, “the UK GDPR” has the same meaning as in Parts 5 to 7 of the Data Protection Act 2018 (see section 3(10) and (14) of that Act).]]
F1S. 7A inserted (13.5.2016) by Health and Personal Social Services (Amendment) Act (NorthernIreland) 2016 (c. 23), ss. 2(1), 8
F2Word in s. 7A(1) omitted (31.12.2020) by virtue of The European Qualifications (Health and Social Care Professions) (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/593), reg. 1(2), Sch. 10 para. 7 (with reg. 12A, Sch. 10 Pt. 2) (as amended by S.I. 2020/1394, regs. 4, 18); 2020 c. 1, Sch. 5 para. 1(1)
F3Words in s. 7A(3) inserted (25.5.2018) by Data Protection Act 2018 (c. 12), s. 212(1), Sch. 19 para. 77(2) (with ss. 117, 209, 210); S.I. 2018/625, reg. 2(1)(g)
F4Words in s. 7A(3) substituted (31.12.2020) by The Data Protection, Privacy and Electronic Communications (Amendments etc) (EU Exit) Regulations 2019 (S.I. 2019/419), reg. 1(2), Sch. 3 para. 21(2) (with Sch. 3 para. 112); 2020 c. 1, Sch. 5 para. 1(1)
F5S. 7A(5) substituted (25.5.2018) by Data Protection Act 2018 (c. 12), s. 212(1), Sch. 19 para. 77(3) (with ss. 117, 209, 210); S.I. 2018/625, reg. 2(1)(g)
F6S. 7A(8) substituted (31.12.2020) by The Data Protection, Privacy and Electronic Communications (Amendments etc) (EU Exit) Regulations 2019 (S.I. 2019/419), reg. 1(2), Sch. 3 para. 21(3) (with Sch. 3 para. 112); 2020 c. 1, Sch. 5 para. 1(1)
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