PART 5Digital government
C1C2CHAPTER 1Public service delivery
Pt. 5 Ch. 1: functions made exercisable concurrently (30.9.2020) by The Transfer of Functions (Digital Government) Order 2020 (S.I. 2020/940), arts. 1(2), 2 (with art. 5)
I1I2I3I435C2Disclosure of information to improve public service delivery
C31
A specified person may disclose information held by the person in connection with any of the person's functions to another specified person for the purposes of an objective which is a specified objective in relation to each of those persons.
2
In this section “specified person” means a person specified, or of a description specified, in Schedule 4.
F12A
Where in Schedule 4 functions are mentioned in relation to a specified person, the reference in subsection (1) to the person’s functions is limited to the person’s functions as mentioned in Schedule 4.
3
The appropriate national authority may by regulations amend Schedule 4 so as to add, remove or modify an entry relating to a person or description of person.
4
Regulations under subsection (3) may add an entry relating to a person or a description of person to Schedule 4 only if—
a
the person is a public authority or (as the case may be) each person of that description is a public authority, or
b
the person provides services to a public authority or (as the case may be) each person of that description provides services to a public authority.
5
In the case of a person (“P”) who is a specified person merely because of providing services to a public authority, the reference in subsection (1) to the functions of a specified person is limited to the functions P exercises for that purpose.
6
In determining whether to make regulations under subsection (3) in relation to a person or description of person the appropriate national authority must have regard, in particular, to—
a
the systems and procedures for the secure handling of information by that person or persons of that description, and
b
in the case of regulations which remove a person from Schedule 4 whether that person, or any person providing services to that person, has had regard to the code of practice under section 43 as required by that section.
7
In this section “specified objective”, in relation to a specified person, means an objective specified in relation to that specified person in regulations made by the appropriate national authority.
8
An objective may be specified by regulations under subsection (7) only if it complies with the following conditions.
9
The first condition is that the objective has as its purpose—
a
the improvement or targeting of a public service provided to individuals or households, or
b
the facilitation of the provision of a benefit (whether or not financial) to individuals or households.
10
The second condition is that the objective has as its purpose the improvement of the well-being of individuals or households.
11
The reference in subsection (10) to the well-being of individuals or households includes—
a
their physical and mental health and emotional well-being,
b
the contribution made by them to society, and
c
their social and economic well-being.
12
The third condition is that the objective has as its purpose the supporting of—
a
the delivery of a specified person's functions, or
b
the administration, monitoring or enforcement of a specified person's functions.
Pt. 5 Ch. 1: functions cease to be exercisable concurrently (18.5.2018) by virtue of The Transfer of Functions (Digital Government) Order 2018 (S.I. 2018/526), arts. 1(2), 2 (with arts. 4, 5)