Statutory Instruments
2014 No. 1825
Electronic Communications
The Communications Act 2003 (Disclosure of Information) Order 2014
Coming into force in accordance with article 1
The Secretary of State makes the following Order in exercise of the powers conferred by section 393(3)(i) and (4)(c) of the Communications Act 2003().
In accordance with section 393(11) of that Act, a draft of this Order was laid before Parliament and approved by a resolution of each House of Parliament.
Citation, commencement and interpretation
1.—(1) This Order may be cited as the Communications Act 2003 (Disclosure of Information) Order 2014.
(2) This Order comes into force on the day after the day on which it is made.
(3) In this Order “the Act” means the Communications Act 2003.
Specification as a relevant person
2. Each of the following is specified as a relevant person for the purposes of section 393(3) of the Act (general restrictions on disclosure of information)—
(a)the Information Commissioner;
(b)the Financial Conduct Authority; and
(c)the Payment Systems Regulator.
Specification of relevant functions
3. The following are specified as relevant functions for the purposes of section 393(4) of the Act—
(a)any functions conferred by or under the Data Protection Act 1998();
(b)any functions conferred by the Privacy and Electronic Communications (EC Directive) Regulations 2003();
(c)any functions conferred by or under the Financial Services and Markets Act 2000();
(d)any functions conferred by or under the Financial Services (Banking Reform) Act 2013();
(e)any functions conferred by the Payment Services Regulations 2009();
(f)any functions conferred by or under the Company Directors Disqualification Act 1986().
Ed Vaizey
Parliamentary Under Secretary of State
Department for Culture, Media and Sport
9th July 2014
EXPLANATORY NOTE
This Order extends the circumstances in which information with respect to a particular business obtained by the Office of Communications in exercise of its functions under the Communications Act 2003(“the 2003 Act”) and the Wireless Telegraphy Act 2006 may be disclosed to another public body. Section 393(2)(b) of the 2003 Act provides that restrictions on disclosing such information imposed by section 393(1) do not apply to any disclosure of information which is made for the purposes of facilitating the carrying out by any relevant person of any relevant function.
Article 2 specifies the Information Commissioner, the Financial Conduct Authority and the Payment Systems Regulator as relevant persons for the purposes of section 393.
Article 3 specifies as relevant functions the functions under the Data Protection Act 1986, the Privacy and Electronic Communications (EC Directive) Regulations 2003, the Financial Services and Markets Act 2000, the Financial Services (Banking Reform) Act 2013, the Payment Services Regulations 2009 and the Companies Directors Disqualification Act 1986.