(1)If it appears to the Secretary of State that an enactment prohibits the disclosure of any information and is capable of having either of the effects mentioned in subsection (5) he may by order make provision for the purpose of removing or relaxing the prohibition so far as it is capable of having that effect.
(2)If it appears to the Scottish Ministers that an enactment prohibits the disclosure of any information and is capable of having either of the effects mentioned in subsection (5) the Scottish Ministers may by order make provision for the purpose of removing or relaxing the prohibition so far as it is capable of having that effect.
(3)The power under subsection (2) may not be exercised to make provision which would not be within the legislative competence of the Scottish Parliament.
(4)If it appears to the First Minister and deputy First Minister acting jointly that any enactment dealing with transferred matters (within the meaning of section 4(1) of the M1Northern Ireland Act 1998) prohibits the disclosure of any information and is capable of having either of the effects mentioned in subsection (5) they may by order make provision for the purpose of removing or relaxing the prohibition so far as it is capable of having that effect.
(5)The effects mentioned in subsections (1), (2) and (4) are that the enactment in question—
(a)prevents the disclosure to the Agency of information that would facilitate the carrying out of the Agency’s functions; or
(b)prevents the publication by the Agency of information in circumstances where the power under section 19 would otherwise be exercisable.
(6)An order under this section may—
(a)make provision as to circumstances in which information which is subject to the prohibition in question may, or may not, be disclosed to the Agency or, as the case may be, published by the Agency; and
(b)if it makes provision enabling the disclosure of information to the Agency, make provision restricting the purposes for which such information may be used (including restrictions on the subsequent disclosure of the information by the Agency).
(7)This section applies in relation to a rule of law as it applies in relation to an enactment, but with the omission of—
(a)subsection (5)(b) and any reference to the effect mentioned in subsection (5)(b); and
(b)in subsection (6)(a), the words from “or, as” to the end.
(8)In this section “enactment” means an enactment contained in any Act (other than this Act) or Northern Ireland legislation passed or made before or in the same Session as this Act.
Marginal Citations