PART 1Information about capacity
1(1)A local authority may require a person to provide information for the purposes of ascertaining the capacity within its area to deal with the transportation, storage or disposal of dead bodies or other human remains.
(2)A requirement under sub-paragraph (1) must be in writing and must specify—
(a)whether the information is to be provided to the local authority or to some other specified person,
(b)how the information is to be provided (and may in particular specify the form in which and means by which it is to be provided), and
(c)when the information is to be provided (and may in particular specify the time or times at or before which it is to be provided).
(3)It is an offence for a person—
(a)to fail, without reasonable excuse, to comply with a requirement under sub-paragraph (1);
(b)knowingly or recklessly to give false information in response to a requirement under sub-paragraph (1).
(4)A local authority or other person who holds information which has at any time been provided under sub-paragraph (1)—
(a)may use it if, and only if, the use is for the purpose mentioned in that sub-paragraph;
(b)may disclose it to another person if, and only if, the disclosure is either for the purpose mentioned in that sub-paragraph or for the purpose of complying with any enactment.
(5)It is an offence for a person who holds information which has at any time been provided under sub-paragraph (1) to use or disclose it otherwise than as authorised by sub-paragraph (4).
(6)A person guilty of an offence under this paragraph is liable on summary conviction—
(a)in England and Wales, to a fine;
(b)in Scotland and Northern Ireland, to a fine not exceeding level 5 on the standard scale.
2(1)The appropriate national authority may require a local authority to provide information for the purposes of ascertaining the capacity nationally, or within a particular area, to deal with the transportation, storage or disposal of dead bodies or other human remains.
(2)A requirement under sub-paragraph (1) must be in writing and must specify—
(a)whether the information is to be provided to the appropriate national authority or to some other specified person,
(b)how the information is to be provided (and may in particular specify the form in which and means by which it is to be provided), and
(c)when the information is to be provided (and may in particular specify the time or times at or before which it is to be provided).
(3)A local authority must comply with a requirement under sub-paragraph (1).
(4)The appropriate national authority or any other person who holds information which has at any time been provided under sub-paragraph (1)—
(a)may use it if, and only if, the use is for the purpose mentioned in that sub-paragraph;
(b)may disclose it to another person if, and only if, the disclosure is for the purpose mentioned in that sub-paragraph or for the purpose of complying with any enactment.
(5)It is an offence for a person who holds information which has at any time been provided under sub-paragraph (1) to use or disclose it otherwise than as authorised by sub-paragraph (4).
(6)A person guilty of an offence under this paragraph is liable on summary conviction—
(a)in England and Wales, to a fine;
(b)in Scotland and Northern Ireland, to a fine not exceeding level 5 on the standard scale.
3(1)A duty or power to disclose information under this Part of this Schedule does not operate to require or authorise the disclosure of information which—
(a)would contravene the data protection legislation (but the duty or power is to be taken into account in determining whether the disclosure or use would contravene that legislation);
(b)is prohibited by any of Parts 1 to 7 or Chapter 1 of Part 9 of the Investigatory Powers Act 2016.
(2)In this paragraph “the data protection legislation” has the same meaning as in the Data Protection Act 2018 (see section 3 of that Act).