C4C5C6C2C3 Part 9 Information

Annotations:
Modifications etc. (not altering text)
C6

Pt. 9 applied (1.5.2009 for specified purposes, 1.11.2009 in so far as not already in force) by The Payment Services Regulations 2009 (S.I. 2009/209), reg. 1(2)(b)(c), 107 (with reg. 3)

C3

Pt. 9 (ss. 237-247) modified (prosp.) by Consumers, Estate Agents and Redress Act 2007 (c. 17), ss. 29(3)-(7), 66 (with s. 6(9))

Restrictions on disclosure

C1237 General restriction

1

This section applies to specified information which relates to—

a

the affairs of an individual;

b

any business of an undertaking.

2

Such information must not be disclosed—

a

during the lifetime of the individual, or

b

while the undertaking continues in existence,

unless the disclosure is permitted under this Part.

3

But subsection (2) does not prevent the disclosure of any information if the information has on an earlier occasion been disclosed to the public in circumstances which do not contravene—

a

that subsection;

b

any other enactment or rule of law prohibiting or restricting the disclosure of the information.

4

Nothing in this Part authorises a disclosure of information which contravenes the Data Protection Act 1998 (c. 29).

5

Nothing in this Part affects the Competition Appeal Tribunal.

6

This Part (except section 244) does not affect any power or duty to disclose information which exists apart from this Part.

238 Information

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.