3.—(1) This Order applies to personal data consisting of information as to the physical or mental health of the data subject if—
(a)the data are held by a health professional; or
(b)the data are held by a person other than a health professional but the information constituting the data was first recorded by or on behalf of a health professional.
(2) This Order is without prejudice to any exemption from the subject access provisions contained in any provision of the Act or of any Order made under the Act.