Statistics and Registration Service Act 2007

51 Power to authorise disclosure by the Board

(1) Subject to this section, the Minister for the Cabinet Office may by regulations make provision for the purpose of authorising the Board to disclose information to a public authority where the disclosure would otherwise be prohibited by a rule of law or an Act passed before this Act.

(2) Regulations under subsection (1) may only authorise disclosure for the purposes of any or all of the statistical functions of the public authority.

(3) A public authority 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 a public authority 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 to—

(a) a Scottish public authority for the purpose of the exercise by the authority of statistical 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—

(a) provision prohibiting or restricting further disclosure by a public authority of information disclosed under the regulations;

(b) provision authorising further disclosure by a public authority 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) Regulations may only be made under subsection (1) authorising disclosure to a public authority with the consent of—

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

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

(9) Regulations may only be made under subsection (1) authorising any disclosure to a public authority if the Minister and the person consenting to the regulations are satisfied that—

(a) the disclosure is required by the public authority for the purposes specified in the regulations, and

(b) the disclosure is in the public interest.

(10) Subsection (8)(b) and the reference in subsection (9) to the person consenting to the regulations do not apply in relation to regulations authorising disclosure to 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)(a).