26Authorities which may require information
(1)The following are appropriate authorities in relation to a requirement under section 25—
(a)the Secretary of State,
(b)the Scottish Ministers,
(c)the Welsh Ministers, and
(d)the Department of Agriculture, Environment and Rural Affairs in Northern Ireland (“DAERA”).
(2)The Scottish Ministers may impose a requirement under section 25 only if, and to the extent that, an Act of the Scottish Parliament could have authorised the Scottish Ministers to impose the requirement.
(3)The Welsh Ministers may impose a requirement under section 25 only if, and to the extent that, provision of an Act of the National Assembly for Wales could have authorised the Welsh Ministers to impose the requirement (including any provision of such an Act that could only be made with the consent of a Minister of the Crown within the meaning of the Ministers of the Crown Act 1975).
(4)DAERA may impose a requirement under section 25 only if, and to the extent that, an Act of the Northern Ireland Assembly made without the Secretary of State’s consent could have authorised DAERA to impose the requirement.
(5)The Secretary of State may not impose a requirement under section 25 without the consent of an authority referred to in subsection (1)(b) to (d) (a “devolved authority”) if, and to the extent that, that authority could itself have imposed the requirement.
(6)Subsection (5) does not require the consent of a devolved authority to the extent that the activity to which the requirement relates is carried on outside the area of that authority.
(7)Where the Secretary of State imposes a requirement under section 25 with the consent of a devolved authority, the Secretary of State must disclose to that authority any information which—
(a)is provided in response to the requirement, and
(b)relates to the carrying on in the devolved authority’s area of the activity to which the requirement relates.
(8)For the purposes of this section—
(a)the Scottish Ministers’ area is Scotland,
(b)the Welsh Ministers’ area is Wales, and
(c)DAERA’s area is Northern Ireland.