2005 No. 467
The Data Protection (Subject Access Modification) (Social Work) (Amendment) Order 2005
Made
Coming into force
Whereas a draft of this Order has been laid before and approved by a resolution of each House of Parliament;
Whereas the Secretary of State considers that the application of the subject information provisions (or those provisions without modification) in the circumstances and to the extent specified in this Order would be likely to prejudice the carrying out of social work:
Citation and commencement1
This Order may be cited as the Data Protection (Subject Access Modification) (Social Work) (Amendment) Order 2005 and comes into force on 7th March 2005.
Interpretation2
In this Order, “the 2000 Order” means the Data Protection (Subject Access Modification) (Social Work) Order 20004.
Amendments to article 5 of the 2000 Order3
1
Article 5 of the 2000 Order is amended in accordance with this article.
2
In article 5(2)(a), for “or (o)”, substitute “, (o), (r), (s) or (t)”.
Amendments to article 7 of the 2000 Order4
In article 7(2) of the 2000 Order—
1
for “After section 7(11) of the Act insert-”, substitute “In relation to data to which this Order applies by virtue of paragraph 1 of the Schedule, section 7 shall have effect as if after subsection (11) there were inserted-” and
2
in paragraph (a) of subsection (12) of section 7 of the Act as modified, for “1(p) or (q)” substitute “1(p), (q), (r), (s) or (t)”.
Amendments to the Schedule to the 2000 Order5
1
The Schedule to the 2000 Order is amended in accordance with this article.
2
In paragraph 1(p)5, for “section 41 of the Children Act 1989”, substitute “rule 4.10 of the Family Proceedings Rules 1991 or rule 10 of the Family Proceedings Courts (Children Act 1989) Rules 1991”.
3
After paragraph 1(q), insert the following new sub-paragraphs—
r
data processed by any officer of the Children and Family Court Advisory and Support Service for the purpose of his functions under section 7 of the Children Act 19896, rules 4.11 and 4.11B of the Family Proceedings Rules 19917, and rules 11 and 11B of the Family Proceedings Courts (Children Act 1989) Rules 19918;
s
data processed by any officer of the service appointed as guardian ad litem under rule 9.5(1) of the Family Proceedings Rules 19919;
t
data processed by the Children and Family Court Advisory and Support Service for the purpose of its functions under section 12(1) and (2) and section 13(1), (2) and (4) of the Criminal Justice and Court Services Act 200010.
4
In paragraph 2—
a
after “probation officer”, insert “, officer of the Children and Family Court Advisory and Support Service”, and
b
for “or the Children’s Hearings (Scotland) Rules 1996”, substitute “, the Children’s Hearings (Scotland) Rules 1996 or the Family Proceedings Rules 1991”.
Signed by authority of the Secretary of State
(This note is not part of the Order)