(1) Personal information disclosed under section 56 may only be used by the person to whom it is disclosed for the purposes for which it was disclosed, subject to subsection (2).
(2) Subsection (1) does not prevent the use of information by a person—
(a) if the information has already lawfully been made available to the public,
(b) if the person to whom the information relates consents to its use for another purpose,
(c) for the prevention or detection of crime or the prevention of anti-social behaviour,
(d) for the purposes of a criminal investigation,
(e) for the purposes of legal proceedings (whether civil or criminal), or
(f) for the purposes of—
(i) preventing serious physical harm to a person,
(ii) preventing loss of human life,
(iii) safeguarding vulnerable adults or children,
(iv) responding to an emergency, or
(v) protecting national security.
(3) In subsection (2)(c) “anti-social behaviour” means conduct that—
(a) is likely to cause harassment, alarm or distress to any person, or
(b) is capable of causing nuisance or annoyance to a person in relation to that person's occupation of residential premises.
(4) Subsection (2) does not apply to information disclosed to a person under section 56 by the Revenue and Customs; but such information may be used by that person for purposes other than those for which it was disclosed with the consent of the Commissioners for Her Majesty's Revenue and Customs (which may be general or specific).
(5) For the purposes of this Chapter information is “personal information” if—
(a) it relates to and identifies a particular person (including a body corporate), but
(b) it is not information about the internal administrative arrangements of a specified person.
(6) For the purposes of subsection (1) information identifies a particular person if the identity of that person—
(a) is specified in the information,
(b) can be deduced from the information, or
(c) can be deduced from the information taken together with any other information.
(7) A disclosure under section 56 does not breach—
(a) any obligation of confidence owed by the person making the disclosure, or
(b) any other restriction on the disclosure of information (however imposed).
(8) But nothing in section 56 authorises the making of a disclosure which—
(a) contravenes the data protection legislation, or
(b) is prohibited by any of Parts 1 to 7 or Chapter 1 of Part 9 of the Investigatory Powers Act 2016.
(9) Until the repeal of Part 1 of the Regulation of Investigatory Powers Act 2000 by paragraphs 45 and 54 of Schedule 10 to the Investigatory Powers Act 2016 is fully in force, subsection (8)(b) has effect as if it included a reference to that Part.
(10) Section 56 does not limit the circumstances in which information may be disclosed apart from that section.
(11) In this section, “the data protection legislation” has the same meaning as in the Data Protection Act 2018 (see section 3 of that Act).
(1) Personal information received by a person (“P”) under section 56 may not be disclosed—
(a) by P, or
(b) by any other person who has received it directly or indirectly from P.
(2) Subsection (1) does not apply to a disclosure—
(a) which is required or permitted by any enactment (including section 56),
(b) which is required by an EU obligation,
(c) which is made in pursuance of an order of the court,
(d) of information which has already lawfully been made available to the public,
(e) which is made for the prevention or detection of crime or the prevention of anti-social behaviour,
(f) which is made for the purposes of a criminal investigation,
(g) which is made for the purposes of legal proceedings (whether civil or criminal),
(h) which is a protected disclosure for any of the purposes of the Employment Rights Act 1996 or the Employment Rights (Northern Ireland) Order 1996 (SI 1996/1919 (NI 16)),
(i) consisting of the publication of information for the purposes of journalism, where the publication of the information is in the public interest,
(j) which is made with the consent of the person to whom it relates, or
(k) which is made for the purposes of—
(i) preventing serious physical harm to a person,
(ii) preventing loss of human life,
(iii) safeguarding vulnerable adults or children,
(iv) responding to an emergency, or
(v) protecting national security.
(3) In subsection (2)(e) “anti-social behaviour” means conduct that—
(a) is likely to cause harassment, alarm or distress to any person, or
(b) is capable of causing nuisance or annoyance to a person in relation to that person's occupation of residential premises.
(4) A person commits an offence if—
(a) the person discloses personal information in contravention of subsection (1), and
(b) at the time that the person makes the disclosure, the person knows that the disclosure contravenes that subsection or is reckless as to whether the disclosure does so.
(5) A person who is guilty of an offence under subsection (4) is liable on conviction on indictment to imprisonment for a term not exceeding two years, to a fine or to both.
(6) A person who is guilty of an offence under subsection (4) is liable on summary conviction—
(a) in England and Wales, to imprisonment for a term not exceeding the general limit in a magistrates’ court, to a fine or to both;
(b) in Scotland, to imprisonment for a term not exceeding 12 months, to a fine not exceeding the statutory maximum or to both;
(c) in Northern Ireland, to imprisonment for a term not exceeding 6 months, to a fine not exceeding the statutory maximum or to both.
(7) In the application of subsection (6)(a) to an offence committed before 2 May 2022 the reference to the general limit in a magistrates’ court is to be read as a reference to 6 months.
(8) This section does not apply to personal information disclosed under section 56 by the Revenue and Customs.
59 Information disclosed by the Revenue and Customs
(1) Personal information disclosed by the Revenue and Customs under section 56 and received by a person may not be disclosed by that person.
(2) Subsection (1) does not apply to a disclosure which is made with the consent of the Commissioners for Her Majesty's Revenue and Customs (which may be general or specific).
(3) A person who contravenes subsection (1) is guilty of an offence.
(4) It is a defence for a person charged with an offence under subsection (3) to prove that the person reasonably believed—
(a) that the disclosure was lawful, or
(b) that the information had already and lawfully been made available to the public.
(5) Subsections (4) to (7) of section 19 of the Commissioners for Revenue and Customs Act 2005 apply to an offence under subsection (3) as they apply to an offence under that section.
(1) The relevant Minister must issue a code of practice about—
(a) the disclosure of information under section 56, and
(b) the use of information disclosed under that section.
(2) The code of practice must be consistent with the code of practice prepared under section 121 of the Data Protection Act 2018 (data-sharing code) and issued under section 125(4) of that Act (as altered or replaced from time to time).
(3) A specified person must have regard to the code of practice in—
(a) disclosing information under section 56, and
(b) using information disclosed under that section.
(4) The relevant Minister may from time to time revise and re-issue the code of practice.
(5) Before issuing or reissuing the code of practice the relevant Minister must consult—
(a) the Information Commission,
(b) the Commissioners for Her Majesty's Revenue and Customs,
(c) the Scottish Ministers,
(d) the Welsh Ministers,
(e) the Department of Finance in Northern Ireland, and
(f) such other persons as the relevant Minister thinks appropriate.
(6) The fact that this section was not in force when consultation of the kind mentioned in subsection (5) took place is to be disregarded in determining whether there has been compliance with that subsection.
(7) The relevant Minister may not issue the code of practice unless a draft of the code has been laid before, and approved by a resolution of, each House of Parliament.
(8) Before reissuing the code the relevant Minister must lay a draft of the code as proposed to be reissued before Parliament.
(9) The relevant Minister may not reissue the code if, within the 40-day period, either House of Parliament resolves not to approve it.
(10) In subsection (9) “the 40 day period” means—
(a) the period of 40 days beginning with the day on which the draft is laid before Parliament, or
(b) if the draft is not laid before each House on the same day, the period of 40 days beginning with the later of the days on which it is laid before Parliament.
(11) For the purposes of subsection (10) no account is to be taken of any period during which Parliament is dissolved or prorogued or during which both Houses are adjourned for more than four days.
(12) As soon as is reasonably practicable after issuing or reissuing the code of practice the relevant Minister must lay, or arrange for the laying of, a copy of it before—
(a) the Scottish Parliament,
(b) the National Assembly for Wales, and
(c) the Northern Ireland Assembly.
(13) In disclosing information under section 56, a person must have regard to the following codes of practice issued by the Information Commission under section 124A of the Data Protection Act 2018 (other codes of practice), so far as they apply to the information in question—
(a) any code which makes provision about the identification and reduction of the risks to privacy of a proposal to disclose information;
(b) any code which makes provision about the information to be provided to data subjects (within the meaning of that Act) about the use to be made of information collected from them.
(14) The duty in subsection (13) does not affect any other requirement for the person to have regard to a code of practice in disclosing the information.
(1) As soon as is reasonably practicable after the end of three years beginning with the day on which this Chapter comes into force, the relevant Minister must review its operation for the purposes of deciding whether it should be amended or repealed.
(2) Before carrying out the review the relevant Minister must publish the criteria by reference to which that determination will be made.
(3) In carrying out the review the relevant Minister must consult—
(a) the Information Commission,
(b) the Scottish Ministers,
(c) the Welsh Ministers,
(d) the Department of Finance in Northern Ireland, and
(e) such other persons as the relevant Minister thinks appropriate.
(4) Once the review is completed the relevant Minister must—
(a) publish a report on its outcome, and
(b) lay, or arrange for the laying of, a copy of the report before—
(i) Parliament,
(ii) the Scottish Parliament,
(iii) the National Assembly for Wales, and
(iv) the Northern Ireland Assembly.
(5) If as a result of the review the relevant Minister decides that this Chapter should be amended or repealed, the relevant Minister may by regulations amend or repeal it (as the case may be).
(6) The power in subsection (5) to amend this Chapter—
(a) may be exercised for the purposes only of improving the effectiveness of the operation of the power in section 56(1), and
(b) may not be used to remove any of the safeguards relating to the use or disclosure of information in section 57, 58 or 59.
(7) The relevant Minister may only make regulations under subsection (5) with the consent of the Scottish Ministers if the regulations—
(a) repeal this Chapter,
(b) amend or remove the power of the Scottish Ministers to make regulations under section 56(6),
(c) affect the disclosure of information under section 56 by a Scottish body to another such body,
(d) affect the use by a Scottish body of information disclosed under that section by such a body, or
(e) affect the further disclosure to a Scottish body by such a body, or by a member, officer or employee of such a body, of information disclosed under this Chapter by a Scottish body.
(8) The relevant Minister may only make regulations under subsection (5) with the consent of the Welsh Ministers if the regulations—
(a) repeal this Chapter,
(b) amend or remove the power of the Welsh Ministers to make regulations under section 56(6),
(c) affect the disclosure of information under section 56 by a Welsh body to another such body,
(d) affect the use by a Welsh body of information disclosed under that section by such a body, or
(e) affect the further disclosure to a Welsh body by such a body, or by a member, officer or employee of such a body, of information disclosed under this Chapter by a Welsh body.
(9) The relevant Minister may only make regulations under subsection (5) with the consent of the Department of Finance in Northern Ireland if the regulations—
(a) repeal this Chapter,
(b) amend or remove the power of the Department to make regulations under section 56(6),
(c) affect the disclosure of information under section 56 by a Northern Ireland body to another such body,
(d) affect the use by a Northern Ireland body of information disclosed under that section by such a body, or
(e) affect the further disclosure to a Northern Ireland body by such a body, or by a member, officer or employee of such a body, of information disclosed under this Chapter by a Northern Ireland body.
(10) The relevant Minister may only make regulations under subsection (5) with the consent of the Treasury in a case where the regulations could affect the disclosure of information by the Revenue and Customs.
(11) Anything required to be published by this section is to be published in such manner as the relevant Minister thinks fit.
(1) Any power to make regulations under this Chapter is exercisable—
(a) in the case of regulations made by the relevant Minister or the Welsh Ministers, by statutory instrument, and
(b) in the case of regulations made by the Department of Finance in Northern Ireland, by statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979 (SI 1979/1573 (NI 12)).
(2) Regulations under this Chapter—
(a) may make different provision for different purposes;
(b) may contain consequential, supplementary, transitional or transitory provision or savings.
(3) In the case of regulations under section 56(6) which amend Schedule 8 so as to add an entry relating to a person or description of person, this includes power to make provision in relation to information disclosed by that person or a person of that description which is similar to that made by section 59 in relation to information disclosed by the Revenue and Customs.
(4) A statutory instrument containing regulations made under this Chapter by the relevant Minister may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.
(5) Regulations made under section 56(6) by the Scottish Ministers are subject to the affirmative procedure.
(6) A statutory instrument containing regulations made under section 56(6) by the Welsh Ministers may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, the National Assembly for Wales.
(7) Regulations under section 56(6) may not be made by the Department of Finance in Northern Ireland unless a draft of the regulations has been laid before, and approved by a resolution of, the Northern Ireland Assembly.
(8) If a draft of a statutory instrument containing regulations under section 56(6) would, apart from this subsection, be treated for the purposes of the standing orders of either House of Parliament as a hybrid instrument, it is to proceed in that House as if it were not such an instrument.
(1) In this Chapter—
“the appropriate national authority” means the relevant Minister, subject to subsections (2) to (4);
“enactment” includes—
an enactment contained in, or in an instrument made under, an Act of the Scottish Parliament;
an enactment contained in, or in an instrument made under, a Measure or Act of the National Assembly for Wales;
an enactment contained in, or in an instrument made under, Northern Ireland legislation;
an enactment contained in subordinate legislation within the meaning of the Interpretation Act 1978;
“functions” means functions of a public nature;
“Northern Ireland body” means—
a Minister within the meaning of the Northern Ireland Act 1998,
a Northern Ireland department,
a Northern Ireland public authority within the meaning of the Statistics and Registration Service Act 2007, or
a person providing services to a person within paragraph (a), (b) or (c);
“personal information” has the meaning given by section 57(5);
“public authority” has the meaning given by section 56(14);
“relevant Minister” means the Secretary of State or the Minister for the Cabinet Office;
“the Revenue and Customs” has the meaning given by section 17(3) of the Commissioners for Revenue and Customs Act 2005;
“Scottish body” means—
a person who is a part of the Scottish Administration,
a Scottish public authority with mixed functions or no reserved functions (within the meaning of the Scotland Act 1998), or
a person providing services to a person within paragraph (a) or (b);
“specified person” has the meaning given by section 56(5);
“Welsh body” means—
a devolved Welsh authority as defined by section 157A of the Government of Wales Act 2006, or
a person providing services to a devolved Welsh authority as defined by that section.
(2) The Scottish Ministers are the appropriate national authority in relation to regulations under section 56(6) which add, modify or remove an entry relating to a person who is, or a description of persons each of whom is, a Scottish body.
(3) The Welsh Ministers are the appropriate national authority in relation to regulations under section 56(6) which add, modify or remove an entry relating to a person who is, or a description of persons each of whom is, a Welsh body.
(4) The Department of Finance in Northern Ireland is the appropriate national authority in relation to regulations under section 56(6) which add, modify or remove an entry relating to a person who is, or a description of persons each of whom is, a Northern Ireland body.
64 Disclosure of information for research purposes
(1) Information held by a public authority in connection with the authority's functions may be disclosed to another person for the purposes of research which is being or is to be carried out.
(2) If the information is personal information it may not be disclosed under subsection (1) unless the following conditions are met.
(3) The first condition is that, if the information identifies a particular person, it is processed before it is disclosed so that—
(a) the person's identity is not specified in the information, and
(b) it is not reasonably likely that the person's identity will be deduced from the information (whether by itself or taken together with other information).
(4) For the purposes of the first condition the information may be processed by—
(a) the public authority,
(b) a person other than the public authority, or
(c) both the public authority and a person other than the public authority,
(subject to the following provisions of this Chapter).
(5) Personal information may be disclosed for the purpose of processing it for disclosure under subsection (1)—
(a) by a public authority to a person involved in processing the information for that purpose;
(b) subject to sections 67(5), 68(5) and 69(5) (information disclosed by revenue authorities), by one such person to another such person.
(6) The second condition is that each person who is involved in processing the information for disclosure takes reasonable steps to—
(a) minimise the risk of the accidental disclosure of information which identifies a particular person, and
(b) prevent the deliberate disclosure of such information (otherwise than in accordance with this Chapter).
(7) The third condition is that the disclosure is made by the public authority or by a person, other than the public authority, who is involved in processing the information for disclosure under subsection (1).
(8) The fourth condition is that the research for the purposes of which the information is disclosed is accredited under section 71.
(9) The fifth condition is that the following are accredited under section 71—
(a) any person (including the public authority) who is involved in processing the information for disclosure under subsection (1);
(b) any person to whom information is disclosed under subsection (1);
(c) any person by whom such information is used for research purposes.
(10) The sixth condition is that each person who discloses the information or is involved in processing it for disclosure under subsection (1) has regard to the code of practice under section 70 in doing so.
(11) For the purposes of this Chapter information is “personal information” if—
(a) it relates to a particular person (including a body corporate), but
(b) it is not information about the internal administrative arrangements of a public authority.
(12) For the purposes of this Chapter information identifies a particular person if the identity of that person—
(a) is specified in the information,
(b) can be deduced from the information, or
(c) can be deduced from the information taken together with any other information.
(13) This section is subject to section 65.
(1) A disclosure under section 64 does not breach—
(a) any obligation of confidence owed by the person making the disclosure, or
(b) any other restriction on the disclosure of information (however imposed).
(2) But nothing in section 64 authorises information to be disclosed if to do so would—
(a) contravene the data protection legislation, or
(b) be prohibited by any of Parts 1 to 7 or Chapter 1 of Part 9 of the Investigatory Powers Act 2016.
(3) Until the repeal of Part 1 of the Regulation of Investigatory Powers Act 2000 by paragraphs 45 and 54 of Schedule 10 to the Investigatory Powers Act 2016 is fully in force, subsection (2)(b) has effect as if it included a reference to that Part.
(4) In its application to a public authority with functions relating to the provision of health services or adult social care, section 64 does not authorise the disclosure of information held by the authority in connection with such functions.
(5) Section 64 does not limit the circumstances in which information may be disclosed apart from that section.
(6) A person within subsection (7) may charge a person who requests information to be disclosed under section 64(1) a fee for work done in response to the request.
(7) The persons mentioned in subsection (6) are—
(a) the public authority to whom the request is made, and
(b) a person who is involved in processing the information for disclosure.
(8) A fee charged under subsection (6) by a public authority (including a person within subsection (7)(b) who is a public authority) must not exceed the cost to the person of doing the work for which the fee is charged.
(9) In this section, “the data protection legislation” has the same meaning as in the Data Protection Act 2018 (see section 3 of that Act).
66 Bar on further disclosure of personal information
(1) Subsection (2) applies to personal information—
(a) in which the identity of a particular person is specified or from which the identity of a particular person can be deduced, whether from the information itself or from that information taken together with any other published information, and
(b) which is received by a person (“P”) under section 64(1) (disclosure for research purposes).
(2) Personal information to which this subsection applies may not be disclosed—
(a) by P, or
(b) by any other person who has received it directly or indirectly from P.
(3) Subsection (2) does not apply to a disclosure—
(a) to a person by whom the research referred to in section 64(1) is being or is to be carried out, or
(b) for the purposes of enabling anything that is to be published as a result of the research to be reviewed before publication, where the disclosure is made to a person who is accredited under section 71 as a person to whom such information may be disclosed for that purpose.
(4) Subsection (5) applies to personal information which—
(a) identifies a particular person, and
(b) is received by a person (“P”) under section 64(5) (disclosure for processing).
(5) Personal information to which this subsection applies may not be disclosed—
(a) by P, or
(b) by any other person who has received it directly or indirectly from P.
(6) Subsection (5) does not apply to a disclosure—
(a) under section 64(1) or (5), or
(b) of information previously disclosed under section 64(1), where the disclosure is made by—
(i) the person to whom the information was disclosed under that provision, or
(ii) any person who has received the information directly or indirectly from the person mentioned in sub-paragraph (i),
(but subsection (2) may apply to such a disclosure).
(7) Subsection (2) or (5) does not apply to a disclosure—
(a) which is required or permitted by any enactment,
(b) which is required by an EU obligation,
(c) which is made in pursuance of an order of the court,
(d) of information which has already lawfully been made available to the public,
(e) which is made for the prevention or detection of crime or the prevention of anti-social behaviour,
(f) which is made for the purposes of a criminal investigation,
(g) which is made for the purposes of legal proceedings (whether civil or criminal),
(h) which is a protected disclosure for any of the purposes of the Employment Rights Act 1996 or the Employment Rights (Northern Ireland) Order 1996 (SI 1996/1919 (NI 16)),
(i) consisting of the publication of information for the purposes of journalism, where the publication of the information is in the public interest, or
(j) which is made with the consent of the person to whom it relates.
(8) In subsection (7)(a) “enactment” includes—
(a) an enactment contained in, or in an instrument made under, an Act of the Scottish Parliament;
(b) an enactment contained in, or in an instrument made under, a Measure or Act of the National Assembly for Wales;
(c) an enactment contained in, or in an instrument made under, Northern Ireland legislation;
(d) an enactment contained in subordinate legislation within the meaning of the Interpretation Act 1978.
(9) In subsection (7)(e) “anti-social behaviour” means conduct that—
(a) is likely to cause harassment, alarm or distress to any person, or
(b) is capable of causing nuisance or annoyance to a person in relation to that person's occupation of residential premises.
(10) A person commits an offence if—
(a) the person discloses personal information in contravention of subsection (2) or (5), and
(b) at the time that the person makes the disclosure, the person knows that the disclosure contravenes that subsection or is reckless as to whether the disclosure does so.
(11) A person who is guilty of an offence under subsection (10) is liable on conviction on indictment to imprisonment for a term not exceeding two years, to a fine or to both.
(12) A person who is guilty of an offence under subsection (10) is liable on summary conviction—
(a) in England and Wales, to imprisonment for a term not exceeding the general limit in a magistrates’ court, to a fine or to both;
(b) in Scotland, to imprisonment for a term not exceeding 12 months, to a fine not exceeding the statutory maximum or to both;
(c) in Northern Ireland, to imprisonment for a term not exceeding 6 months, to a fine not exceeding the statutory maximum or to both.
(13) In the application of subsection (12)(a) to an offence committed before 2 May 2022 the reference to the general limit in a magistrates’ court is to be read as a reference to 6 months.
(14) This section does not apply to personal information disclosed under section 64(1) or (5) by the Revenue and Customs, the Welsh Revenue Authority or Revenue Scotland.
67 Information disclosed by the Revenue and Customs
(1) Subsection (2) applies to personal information—
(a) in which the identity of a particular person is specified or from which the identity of a particular person can be deduced, whether from the information itself or from that information taken together with any other published information, and
(b) which—
(i) is disclosed under section 64(1) (disclosure for research purposes) by the Revenue and Customs, or
(ii) is disclosed under section 64(1) by a person other than the Revenue and Customs and is derived from information disclosed under section 64(5) by the Revenue and Customs,
and is received by a person (“P”) under section 64(1).
(2) Personal information to which this subsection applies may not be disclosed—
(a) by P, or
(b) by a person to whom the information is disclosed by virtue of subsection (3).
(3) Subsection (2) does not apply to a disclosure—
(a) to a person by whom the research referred to in section 64(1) is being or is to be carried out, or
(b) for the purposes of enabling anything that is to be published as a result of the research to be reviewed before publication, where the disclosure is made to a person who is accredited under section 71 as a person to whom such information may be disclosed for that purpose.
(4) Subsection (5) applies to personal information which—
(a) identifies a particular person, and
(b) is disclosed by the Revenue and Customs under section 64(5) (disclosure for processing) and received by a person (“P”).
(5) Personal information to which this subsection applies may not be disclosed—
(a) by P, or
(b) by any other person who has received it under section 64(5).
(6) Subsection (5) does not apply to a disclosure under section 64(1).
(7) Subsection (2) or (5) does not apply to a disclosure which is made with the consent of the Commissioners for Her Majesty's Revenue and Customs (which may be general or specific).
(8) A person who contravenes subsection (2) or (5) is guilty of an offence.
(9) It is a defence for a person charged with an offence under subsection (8) to prove that the person reasonably believed—
(a) that the disclosure was lawful, or
(b) that the information had already and lawfully been made available to the public.
(10) Subsections (4) to (7) of section 19 of the Commissioners for Revenue and Customs Act 2005 apply to an offence under subsection (8) as they apply to an offence under that section.
68 Information disclosed by the Welsh Revenue Authority
(1) Subsection (2) applies to personal information—
(a) in which the identity of a particular person is specified or from which the identity of a particular person can be deduced, whether from the information itself or from that information taken together with any other published information, and
(b) which—
(i) is disclosed under section 64(1) (disclosure for research purposes) by the Welsh Revenue Authority, or
(ii) is disclosed under section 64(1) by a person other than the Welsh Revenue Authority and is derived from information disclosed under section 64(5) by the Welsh Revenue Authority,
and is received by a person (“P”) under section 64(1).
(2) Personal information to which this subsection applies may not be disclosed—
(a) by P, or
(b) by a person to whom the information is disclosed by virtue of subsection (3).
(3) Subsection (2) does not apply to a disclosure—
(a) to a person by whom the research referred to in section 64(1) is being or is to be carried out, or
(b) for the purposes of enabling anything that is to be published as a result of the research to be reviewed before publication, where the disclosure is made to a person who is accredited under section 71 as a person to whom such information may be disclosed for that purpose.
(4) Subsection (5) applies to personal information which—
(a) identifies a particular person, and
(b) is disclosed by the Welsh Revenue Authority under section 64(5) (disclosure for processing) and received by a person (“P”).
(5) Personal information to which this subsection applies may not be disclosed—
(a) by P, or
(b) by any other person who has received it under section 64(5).
(6) Subsection (5) does not apply to a disclosure under section 64(1).
(7) Subsection (2) or (5) does not apply to a disclosure which is made with the consent of the Welsh Revenue Authority (which may be general or specific).
(8) A person who contravenes subsection (2) or (5) is guilty of an offence.
(9) It is a defence for a person charged with an offence under subsection (8) to prove that the person reasonably believed—
(a) that the disclosure was lawful, or
(b) that the information had already and lawfully been made available to the public.
(10) A person who is guilty of an offence under subsection (8) is liable—
(a) on summary conviction, to imprisonment for a term not exceeding the general limit in a magistrates’ court, to a fine, or to both;
(b) on conviction on indictment to imprisonment for a term not exceeding two years, to a fine or to both.
(11) In the application of subsection (10)(a) to an offence committed before 2 May 2022 the reference to the general limit in a magistrates’ court is to be read as a reference to 6 months.
(1) Subsection (2) applies to personal information—
(a) in which the identity of a particular person is specified or from which the identity of a particular person can be deduced, whether from the information itself or from that information taken together with any other published information, and
(b) which—
(i) is disclosed under section 64(1) (disclosure for research purposes) by Revenue Scotland, or
(ii) is disclosed under section 64(1) by a person other than Revenue Scotland and is derived from information disclosed under section 64(5) by Revenue Scotland,
and is received by a person (“P”) under section 64(1).
(2) Personal information to which this subsection applies may not be disclosed—
(a) by P, or
(b) by a person to whom the information is disclosed by virtue of subsection (3).
(3) Subsection (2) does not apply to a disclosure—
(a) to a person by whom the research referred to in section 64(1) is being or is to be carried out, or
(b) for the purposes of enabling anything that is to be published as a result of the research to be reviewed before publication, where the disclosure is made to a person who is accredited under section 71 as a person to whom such information may be disclosed for that purpose.
(4) Subsection (5) applies to personal information which—
(a) identifies a particular person, and
(b) is disclosed by Revenue Scotland under section 64(5) (disclosure for processing) and received by a person (“P”).
(5) Personal information to which this subsection applies may not be disclosed—
(a) by P, or
(b) by any other person who has received it under section 64(5).
(6) Subsection (5) does not apply to a disclosure under section 64(1).
(7) Subsection (2) or (5) does not apply to a disclosure which is made with the consent of Revenue Scotland (which may be general or specific).
(8) A person who contravenes subsection (2) or (5) is guilty of an offence.
(9) It is a defence for a person charged with an offence under subsection (8) to prove that the person reasonably believed—
(a) that the disclosure was lawful, or
(b) that the information had already and lawfully been made available to the public.
(10) A person who is guilty of an offence under subsection (8) is liable—
(a) on summary conviction, to imprisonment for a term not exceeding 12 months, to a fine not exceeding the statutory maximum or to both;
(b) on conviction on indictment to imprisonment for a term not exceeding two years, to a fine or to both.
(1) The Statistics Board must issue a code of practice about—
(a) the disclosure of personal information under section 64,
(b) the processing of information under that section, and
(c) the holding or use of personal information disclosed under that section.
(2) The code of practice must be consistent with the code of practice prepared under section 121 of the Data Protection Act 2018 (data-sharing code) and issued under section 125(4) of that Act (as altered or replaced from time to time).
(3) A public authority must have regard to the code of practice in disclosing personal information or participating in the processing of information under section 64.
(4) A person who is accredited under section 71(1)(a) must have regard to the code of practice in participating in the processing of information for disclosure under section 64(1).
(5) A person who is accredited under section 71(1)(b), (c) or (d) must have regard to the code of practice in holding or using personal information disclosed under section 64.
(6) The Statistics Board may from time to time revise and re-issue the code of practice.
(7) Before issuing or reissuing the code of practice the Statistics Board must consult—
(a) the Minister for the Cabinet Office,
(b) the Information Commission,
(c) the Commissioners for Her Majesty's Revenue and Customs,
(d) the Scottish Ministers,
(e) the Welsh Ministers,
(f) the Department of Finance in Northern Ireland, and
(g) such other persons as the Statistics Board thinks appropriate.
(8) The fact that this section was not in force when consultation of the kind mentioned in subsection (7) took place is to be disregarded in determining whether there has been compliance with that subsection.
(9) The Statistics Board may not issue the code of practice unless a draft of the code has been laid before, and approved by a resolution of, each House of Parliament.
(10) Before reissuing the code the Statistics Board must lay a draft of the code as proposed to be reissued before Parliament.
(11) The Statistics Board may not reissue the code if, within the 40-day period, either House of Parliament resolves not to approve it.
(12) In subsection (11) “the 40 day period” means—
(a) the period of 40 days beginning with the day on which the draft is laid before Parliament, or
(b) if the draft is not laid before each House on the same day, the period of 40 days beginning with the later of the days on which it is laid before Parliament.
(13) For the purposes of subsection (12) no account is to be taken of any period during which Parliament is dissolved or prorogued or during which both Houses are adjourned for more than four days.
(14) As soon as is reasonably practicable after issuing or reissuing the code of practice the Statistics Board must lay a copy of it before—
(a) the Scottish Parliament,
(b) the National Assembly for Wales, and
(c) the Northern Ireland Assembly.
(15) In disclosing information under section 64, a person must have regard to the following codes of practice issued by the Information Commission under section 124A of the Data Protection Act 2018 (other codes of practice), so far as they apply to the information in question—
(a) any code which makes provision about the identification and reduction of the risks to privacy of a proposal to disclose information;
(b) any code which makes provision about the information to be provided to data subjects (within the meaning of that Act) about the use to be made of information collected from them.
(16) The duty in subsection (15) does not affect any other requirement for the person to have regard to a code of practice in disclosing the information.
(1) The Statistics Board—
(a) may accredit a person as a person who may be involved in the processing of information for disclosure under subsection (1) of section 64,
(b) may accredit a person as a person to whom information may be disclosed under that subsection,
(c) may accredit a person as a person by whom information disclosed under that subsection may be used for research purposes,
(d) may accredit a person as a person to whom such information may be disclosed for the purposes of a review of the kind mentioned in section 66(3)(b), 67(3)(b), 68(3)(b) or 69(3)(b),
(e) may accredit research for the purposes of section 64, and
(f) may withdraw accreditation given under any of paragraphs (a) to (e).
(2) The Statistics Board—
(a) must establish and publish conditions to be met by a person for accreditation under subsection (1)(a), (b), (c) or (d),
(b) must establish and publish conditions to be met by research for accreditation under subsection (1)(e), and
(c) must establish and publish grounds for the withdrawal of accreditation under subsection (1)(f).
(3) The conditions established and published under subsection (2)(a) must, in the case of a person seeking accreditation to be involved in the processing of information for disclosure under section 64(1), include a condition that the person is a fit and proper person to be involved in such processing.
(4) The conditions established and published under subsection (2)(b) must include a condition that the research is in the public interest.
(5) The grounds established and published under subsection (2)(c) must, in the case of a person accredited under this section, include the ground that the person has failed to have regard to the code of practice under section 70.
(6) Before publishing conditions under subsection (2)(a) or (b) or grounds under subsection (2)(c), the Statistics Board must consult—
(a) the Minister for the Cabinet Office,
(b) the Information Commission,
(c) the Commissioners for Her Majesty's Revenue and Customs,
(d) the Scottish Ministers,
(e) the Welsh Ministers,
(f) the Department of Finance in Northern Ireland, and
(g) such other persons as the Statistics Board thinks appropriate.
(7) The Statistics Board—
(a) may from time to time revise conditions or grounds published under this section, and
(b) if it does so, must publish the conditions or grounds as revised.
(8) Subsection (6) applies in relation to the publication of conditions or grounds under subsection (7) as it applies in relation to the publication of conditions or grounds under subsection (2).
(9) The Statistics Board must maintain and publish—
(a) a register of persons who are accredited under subsection (1)(a),
(b) a register of persons who are accredited under subsection (1)(b),
(c) a register of persons who are accredited under subsection (1)(c), and
(d) a register of persons who are accredited under subsection (1)(d).
(10) A register under any of the paragraphs of subsection (9) may be combined with a register under any of the other paragraphs of that subsection.
(11) Anything required by this section to be published must be published in such manner as the Statistics Board thinks appropriate for bringing it to the attention of persons likely to be affected by it.
72 Delegation of functions of the Statistics Board
(1) The Statistics Board may delegate any of its functions under section 71 to another person if the Board thinks that the person—
(a) is a fit and proper person to exercise the function in question, and
(b) has expertise in statistical research and analysis.
(2) Subsection (1) does not affect the operation of section 36 of the Statistics and Registration Service Act 2007 (delegation of Board's functions).
(1) In this Chapter—
“personal information” has the meaning given by section 64(11);
“public authority” means a person with functions of a public nature, subject to subsection (2);
“the Revenue and Customs” has the meaning given by section 17(3) of the Commissioners for Revenue and Customs Act 2005.
(2) A person is not a public authority for the purposes of this Chapter if the person—
(a) only has functions relating to the provision of health services,
(b) only has functions relating to the provision of adult social care, or
(c) only has functions within paragraph (a) and paragraph (b).
(3) The following are to be disregarded in determining whether subsection (2) applies to a person—
(a) any power (however expressed) to do things which are incidental to the carrying out of another function of that person;
(b) any function which the person exercises or may exercise on behalf of another person.
(4) In this Chapter “health services” means—
(a) services which must or may be provided as part of the health service as defined by section 275(1) of the National Health Service Act 2006 or section 206(1) of the National Health Service (Wales) Act 2006,
(b) services which must or may be provided as part of the health service as defined by section 108(1) of the National Health Service (Scotland) Act 1978, or
(c) services designed to secure any of the objects of section 2(1)(a) of the Health and Social Care (Reform) Act (Northern Ireland) 2009.
(5) In this Chapter “adult social care” includes all forms of personal care and other practical assistance provided for individuals aged 18 or over who, by reason of age, illness, disability, pregnancy, childbirth, dependence on alcohol or drugs, or any other similar circumstances, are in need of such care or assistance.
(6) References in this Chapter to information which identifies a particular person are to be read in accordance with section 64(12).
74 Disclosure of non-identifying information by the Revenue and Customs
(1) A Revenue and Customs official may disclose to any person information held by the Revenue and Customs in connection with a function of the Revenue and Customs if—
(a) the information is non-identifying information, and
(b) the official thinks that the disclosure would be in the public interest.
(2) Information is non-identifying information for the purposes of this section if—
(a) it is not, and has never been, identifying information, or
(b) it has been created by combining identifying information, but is not itself identifying information.
(3) Information is identifying information for the purposes of this section if it relates to a person whose identity—
(a) is specified in the information,
(b) can be deduced from the information, or
(c) can be deduced from the information taken together with any other information.
(4) In this section—
(a) “Revenue and Customs official” has the meaning given by section 18(4)(a) of the Commissioners for Revenue and Customs Act 2005,
(b) “the Revenue and Customs” has the meaning given by section 17(3) of that Act, and
(c) “function of the Revenue and Customs” has the meaning given by section 18(4)(c) of that Act.
75 Disclosure of non-identifying information by the Welsh Revenue Authority
(1) A relevant official of the Welsh Revenue Authority may disclose relevant information to any person if—
(a) the information is non-identifying information, and
(b) the official thinks that the disclosure would be in the public interest.
(2) Information is non-identifying information for the purposes of this section if—
(a) it is not, and has never been, identifying information, or
(b) it has been created by combining identifying information, but is not itself identifying information.
(3) Information is identifying information for the purposes of this section if it relates to a person whose identity—
(a) is specified in the information,
(b) can be deduced from the information, or
(c) can be deduced from the information taken together with any other information.
(4) In this section—
(a) “relevant official of the Welsh Revenue Authority” means a person within any of paragraphs (a) to (d) of section 17(2) of the Tax Collection and Management (Wales) Act 2016, and
(b) “relevant information” means information which—
(i) is held by the Welsh Revenue Authority in connection with its functions, or
(ii) is held by a person to whom any of the functions of the Welsh Revenue Authority have been delegated in connection with those functions.
76 Disclosure of non-identifying information by Revenue Scotland
(1) A relevant official of Revenue Scotland may disclose to any person information held by a relevant person in connection with a relevant function if—
(a) the information is non-identifying information, and
(b) the official thinks that the disclosure would be in the public interest.
(2) Information is non-identifying information for the purposes of this section if—
(a) it is not, and has never been, identifying information, or
(b) it has been created by combining identifying information, but is not itself identifying information.
(3) Information is identifying information for the purposes of this section if it relates to a person whose identity—
(a) is specified in the information,
(b) can be deduced from the information, or
(c) can be deduced from the information taken together with any other information.
(4) In this section—
(a) “relevant official of Revenue Scotland” means a relevant official as defined by section 15(2) of the Revenue Scotland and Tax Powers Act 2014,
(b) “relevant person” has the meaning given by section 13(2) of that Act, and
(c) “relevant function” means a function mentioned in section 13(3)(a), (b)(i) or (c)(i) of that Act.
77 Disclosure of employer reference information by the Revenue and Customs
(1) A Revenue and Customs official may disclose employer reference information held by the Revenue and Customs to the Employers' Liability Tracing Office for use by it for the permitted purpose.
(2) The Employers' Liability Tracing Office is the company registered in England and Wales with the company registration number 06964651.
(3) The permitted purpose is the purpose of providing assistance in connection with—
(a) claims against an employer, or an employer's insurer, arising from personal injury or death that occurred, or is alleged to have occurred, in the course of a person's employment by that employer, or
(b) applications for a payment under the Diffuse Mesothelioma Payment Scheme established under the Mesothelioma Act 2014.
(4) “Employer reference information” means any of the following information relating to an employer—
(a) the employer's name and address;
(b) any combination of numbers, letters or characters that is uniquely associated with the employer and used by the Revenue and Customs to identify or refer to the employer, whether generally or for particular purposes.
(5) References in this section to an employer include references to a person who has at any time been an employer.
(6) In this section—
“employer” and “employment” have the same meaning as in the employment income Parts of the Income Tax (Earnings and Pensions) Act 2003;
“Revenue and Customs official” has the meaning given by section 18(4)(a) of the Commissioners for Revenue and Customs Act 2005;
“the Revenue and Customs” has the meaning given by section 17(3) of that Act.
78 Disclosure of information by the Revenue and Customs to the Statistics Board
(1) Section 45 of the Statistics and Registration Service Act 2007 (disclosure of HMRC information to the Statistics Board) is amended as follows.
(2) In subsection (2) omit “, other than its function under section 22 (statistical services)”.
(3) After subsection (2) insert—
(2A) In determining whether the condition in subsection (2) is met the Commissioners must have regard to any views of the Board which have been communicated to them.
(4) In subsection (3) omit “, other than its function under section 22”.
(5) After that subsection insert—
(3A) Information disclosed under subsection (1) may not be used by the Board for the purposes of its function under section 22 (statistical services) except with the consent of the Commissioners.
(6) After subsection (4) insert—
(4A) In disclosing information under subsection (1), the Commissioners or an officer of Revenue and Customs must have regard to the following codes of practice issued by the Information Commissioner under section 51(3) of the Data Protection Act 1998, so far as they apply to the information in question—
(a) any code which makes provision about the identification and reduction of the risks to privacy of a proposal to disclose information;
(b) any code which makes provision about the information to be provided to data subjects (within the meaning of that Act) about the use to be made of information collected from them.
(4B) The duty in subsection (4A) to have regard to a code of practice does not affect any other requirement for the Commissioners or an officer of Revenue and Customs to have regard to a code of practice under the Data Protection Act 1998 in disclosing the information.
(4C) In determining how to comply with the duty in subsection (4A) the Commissioners or the officer of Revenue and Customs must have regard to any views of the Board which are communicated to the Commissioners or the officer.
(7) Omit subsection (5) (which prevents the disclosure of personal information not relating to imports or exports).
79 Disclosure of information by public authorities to the Statistics Board
(1) The Statistics and Registration Service Act 2007 is amended as follows.
(2) After section 45 insert—
Information held by other public authorities
45A (1) A public authority to which this section applies may, subject to this section, disclose to the Board any information held by the authority in connection with its functions.
(2) This section applies to a public authority other than—
(a) the Commissioners for Her Majesty's Revenue and Customs, or
(b) an officer of Revenue and Customs.
(3) A public authority may disclose information under subsection (1) only if it is satisfied that the Board requires the information to enable it to exercise one or more of its functions.
(4) In determining whether the condition in subsection (3) is met the public authority must have regard to any views of the Board which have been communicated to the authority.
(5) Information disclosed under subsection (1) may only be used by the Board for the purposes of any one or more of its functions.
(6) Information disclosed under subsection (1) may not be used by the Board for the purposes of its function under section 22 (statistical services) except with the consent of the public authority which disclosed the information.
(7) Where personal information is disclosed by a public authority to the Board under subsection (1), the Board may not disclose the information to an approved researcher under section 39(4)(i) except with the consent of the public authority.
(8) In disclosing information under subsection (1), a public authority must have regard to the following codes of practice issued by the Information Commissioner under section 51(3) of the Data Protection Act 1998, so far as they apply to the information in question—
(a) any code which makes provision about the identification and reduction of the risks to privacy of a proposal to disclose information;
(b) any code which makes provision about the information to be provided to data subjects (within the meaning of that Act) about the use to be made of information collected from them.
(9) The duty in subsection (8) to have regard to a code of practice does not affect any other requirement for the public authority to have regard to a code of practice under the Data Protection Act 1998 in disclosing the information.
(10) In determining how to comply with the duty in subsection (8) the public authority must have regard to any views of the Board which are communicated to the authority.
(11) A disclosure under subsection (1) does not breach—
(a) any obligation of confidence owed by the public authority making the disclosure, or
(b) any other restriction on the disclosure of information (however imposed).
(12) But subsection (1) does not authorise the making of a disclosure which—
(a) contravenes the Data Protection Act 1998,
(b) is prohibited by any of Parts 1 to 7 or Chapter 1 of Part 9 of the Investigatory Powers Act 2016, or
(c) contravenes directly applicable EU legislation or any enactment to the extent that it implements EU legislation.
(13) Until the repeal of Part 1 of the Regulation of Investigatory Powers Act 2000 by paragraphs 45 and 54 of Schedule 10 to the Investigatory Powers Act 2016 is fully in force, subsection (12)(b) has effect as if it included a reference to that Part.
(14) This section does not limit the circumstances in which information may be disclosed apart from this section.
(3) Omit—
(a) section 47 (power to authorise disclosure to the Board);
(b) section 48 (power to authorise disclosure to the Board: Scotland);
(c) section 49 (power to authorise disclosure to the Board: Northern Ireland).
(4) In section 54 (Data Protection Act 1998 and Human Rights Act 1998) for “47” substitute “ 50 ”.
(5) In section 65 (orders and regulations)—
(a) in subsection (4) omit “47(11),”,
(b) in subsection (5)(b) omit “47,”,
(c) in subsection (6)(b) omit “48 or”, and
(d) in subsection (9)(c) omit “49 or”.
(6) In section 67 (general interpretation) for the definition of “enactment” substitute—
“enactment” includes—
(a) an enactment contained in subordinate legislation within the meaning of the Interpretation Act 1978;
(b) an enactment contained in, or in an instrument made under, an Act of the Scottish Parliament;
(c) an enactment contained in, or in an instrument made under, a Measure or Act of the National Assembly for Wales;
(d) an enactment contained in, or in an instrument made under, Northern Ireland legislation;
.
After section 45A of the Statistics and Registration Service Act 2007 (inserted by section 79) insert—
Access to information held by Crown bodies etc
45B (1) This section applies to—
(a) a public authority which is an emanation of the Crown or a servant or agent of the Crown,
(b) the Bank of England (including in the exercise of its functions as the Prudential Regulation Authority),
(c) a subsidiary undertaking of the Bank of England within the meaning of the Companies Acts (see sections 1161 and 1162 of the Companies Act 2006),
(d) the Financial Conduct Authority, and
(e) the Payment Systems Regulator established under section 40 of the Financial Services (Banking Reform) Act 2013.
(2) Subject to this section and section 45E, the Board has a right of access to information which—
(a) is held by a public authority to which this section applies in connection with its functions, and
(b) is required by the Board to enable it to exercise one or more of its functions.
(3) Subsection (2) does not apply to information if the disclosure of that information—
(a) would contravene the Data Protection Act 1998,
(b) would be prohibited by any of Parts 1 to 7 or Chapter 1 of Part 9 of the Investigatory Powers Act 2016, or
(c) would contravene directly applicable EU legislation or any enactment to the extent that it implements EU legislation.
(4) Until the repeal of Part 1 of the Regulation of Investigatory Powers Act 2000 by paragraphs 45 and 54 of Schedule 10 to the Investigatory Powers Act 2016 is fully in force, subsection (3)(b) has effect as if it included a reference to that Part.
(5) The right of access in subsection (2) is to be exercised in accordance with the following provisions of this section.
(6) The Board may, by notice in writing to the public authority, request the authority to disclose the information to the Board.
(7) A notice under subsection (6) must—
(a) set out the Board's reasons for requesting the information to be disclosed, and
(b) specify the date by which or the period within which the public authority must respond to the request.
(8) The public authority must, by that date or within that period, provide a response in writing to the Board which—
(a) indicates that it is willing to provide the information and gives the date by which it will be provided, or
(b) indicates that it is not willing to provide the information and gives reasons for not providing it.
(9) Subsection (10) applies if—
(a) the public authority fails to respond to the request in accordance with subsection (8),
(b) the public authority indicates that it is not willing to provide the information requested, or
(c) the public authority has indicated that it is willing to provide the information requested, but the Board considers that the public authority is failing to take reasonable steps to comply with that request.
(10) The Board may lay the request and any response by the public authority before the relevant legislature.
(11) In subsection (10) “the relevant legislature” means Parliament, subject as follows.
(12) The Scottish Parliament is the relevant legislature if the public authority—
(a) is a part of the Scottish Administration, or
(b) is a Scottish public authority with mixed functions or no reserved functions (within the meaning of the Scotland Act 1998).
(13) The National Assembly for Wales is the relevant legislature if the public authority is a devolved Welsh authority as defined by section 157A of the Government of Wales Act 2006.
(14) The Northern Ireland Assembly is the relevant legislature if—
(a) the public authority exercises functions only as regards Northern Ireland, and
(b) its functions are wholly or mainly functions which relate to transferred matters (within the meaning of the Northern Ireland Act 1998).
(15) This section does not apply to—
(a) Her Majesty in Her private capacity,
(b) Her Majesty in right of the Duchy of Lancaster, or
(c) the Duke of Cornwall.
(16) Until the coming into force of section 12 of the Bank of England and Financial Services Act 2016 subsection (1)(b) has effect as if the words in brackets were omitted.
Power to require disclosures by other public authorities
45C (1) This section applies to a public authority to which section 45B does not apply (other than one within subsection (15) of that section).
(2) Subject to this section and section 45E, the Board may, by notice in writing to a public authority to which this section applies, require the authority to disclose to the Board information which—
(a) is held by the authority in connection with its functions, and
(b) is specified, or is of a kind specified, in the notice.
(3) A notice under subsection (2) may require information to be disclosed on more than one date specified in the notice within a period specified in the notice.
(4) A notice under subsection (2) other than one within subsection (3) must specify the date by which or the period within which the information must be disclosed.
(5) A notice under subsection (2) may specify the form or manner in which the information to which it relates must be disclosed.
(6) A notice under subsection (2) may require the public authority to consult the Board before making changes to—
(a) its processes for collecting, organising, storing or retrieving the information to which the notice relates, or
(b) its processes for supplying such information to the Board.
(7) The reference in subsection (6) to making changes to a process includes introducing or removing a process.
(8) The Board may give a notice under subsection (2) only if the Board requires the information to which the notice relates to enable it to exercise one or more of its functions.
(9) The Board must obtain the consent of the Scottish Ministers before giving a notice under subsection (2) to a public authority which is a Scottish public authority with mixed functions or no reserved functions (within the meaning of the Scotland Act 1998).
(10) The Board must obtain the consent of the Welsh Ministers before giving a notice under subsection (2) to a public authority which is a devolved Welsh authority as defined by section 157A of the Government of Wales Act 2006.
(11) The Board must obtain the consent of the Department of Finance in Northern Ireland before giving a notice under subsection (2) to a public authority if—
(a) the public authority exercises functions only as regards Northern Ireland, and
(b) its functions are wholly or mainly functions which relate to transferred matters (within the meaning of the Northern Ireland Act 1998).
(12) A public authority to which a notice under subsection (2) is given must comply with it.
(13) But the public authority need not comply with the notice if compliance—
(a) might prejudice national security,
(b) would contravene the Data Protection Act 1998,
(c) would be prohibited by any of Parts 1 to 7 or Chapter 1 of Part 9 of the Investigatory Powers Act 2016, or
(d) would contravene directly applicable EU legislation or any enactment to the extent that it implements EU legislation.
(14) Until the repeal of Part 1 of the Regulation of Investigatory Powers Act 2000 by paragraphs 45 and 54 of Schedule 10 to the Investigatory Powers Act 2016 is fully in force, subsection (13)(c) has effect as if it included a reference to that Part.
Power to require disclosure by undertakings
45D (1) Subject to this section and section 45E, the Board may, by notice in writing to an undertaking, require the undertaking to disclose to the Board information which—
(a) is held by the undertaking, and
(b) is specified, or is of a kind specified, in the notice.
(2) A notice under subsection (1) may require information to be disclosed on more than one date specified in the notice within a period specified in the notice.
(3) A notice under subsection (1) other than one within subsection (2) must specify the date by which or the period within which the information must be disclosed.
(4) A notice under subsection (1) may specify the form or manner in which the information to which it relates must be disclosed.
(5) A notice under subsection (1) may require the undertaking to consult the Board before making changes to—
(a) its processes for collecting, organising, storing or retrieving the information to which the notice relates, or
(b) its processes for supplying such information to the Board.
(6) The reference in subsection (5) to making changes to a process includes introducing or removing a process.
(7) The Board may give a notice under subsection (1) only if the Board requires the information to which the notice relates to enable it to exercise one or more of its functions.
(8) An undertaking to which a notice under subsection (1) is given must comply with it.
(9) But the undertaking need not comply with the notice if compliance—
(a) might prejudice national security,
(b) would contravene the Data Protection Act 1998, or
(c) would be prohibited by any of Parts 1 to 7 or Chapter 1 of Part 9 of the Investigatory Powers Act 2016.
(10) Until the repeal of Part 1 of the Regulation of Investigatory Powers Act 2000 by paragraphs 45 and 54 of Schedule 10 to the Investigatory Powers Act 2016 is fully in force, subsection (9)(c) has effect as if it included a reference to that Part.
(11) Subject to subsection (13), in this section “undertaking” means—
(a) any person carrying on a trade or business, whether or not with a view to profit, or
(b) any charity.
(12) In subsection (11) “charity” means a body, or the trustees of a trust, established for charitable purposes only.
(13) The following are not undertakings for the purposes of this section—
(a) a public authority;
(b) a micro business;
(c) a small business.
(14) Section 33 of the Small Business, Enterprise and Employment Act 2015 (definitions of small and micro business) and regulations made under that section apply in relation to subsection (13) as they apply in relation to subordinate legislation within subsection (1) of that section.
Further provisions about powers in sections 45B, 45C and 45D
45E (1) Information disclosed under section 45B, 45C or 45D may only be used by the Board for the purposes of any one or more of its functions.
(2) Information disclosed under section 45B, 45C or 45D may not be used by the Board for the purposes of its function under section 22 (statistical services) except with the consent of the person who disclosed the information.
(3) Where personal information is disclosed under section 45B, 45C or 45D, the Board may not disclose the information to an approved researcher under section 39(4)(i) except with the consent of the person who disclosed the information.
(4) A disclosure pursuant to section 45B, 45C or 45D does not breach—
(a) any obligation of confidence owed by the person making the disclosure, or
(b) any other restriction on the disclosure of information (however imposed).
(5) The Board must prepare and publish a statement of—
(a) the principles to which it will have regard in exercising its functions under sections 45B, 45C and 45D, and
(b) the procedures which it will adopt in exercising those functions.
(6) The statement must be consistent with the code of practice issued under section 52B (data-sharing code) of the Data Protection Act 1998 (as altered or replaced from time to time).
(7) The Board may at any time revise the statement and, if it decides to do so, must publish the statement as revised.
(8) In preparing or revising the statement the Board must consult—
(a) the Minister for the Cabinet Office,
(b) the Information Commissioner,
(c) the Scottish Ministers,
(d) the Welsh Ministers,
(e) the Department of Finance in Northern Ireland, and
(f) such other persons as the Board thinks fit.
(9) The fact that this section was not in force when consultation of the kind mentioned in subsection (8) took place is to be disregarded in determining whether there has been compliance with that subsection.
(10) The Board may not publish the original statement under this section unless a draft of the statement has been laid before, and approved by a resolution of, each House of Parliament.
(11) Before publishing a revised statement under this section the Board must lay a draft of the statement as proposed to be published before Parliament.
(12) The Board may not publish the revised statement if, within the 40-day period, either House of Parliament resolves not to approve it.
(13) In subsection (12) “the 40 day period” means—
(a) the period of 40 days beginning with the day on which the draft is laid before Parliament, or
(b) if the draft is not laid before each House on the same day, the period of 40 days beginning with the later of the days on which it is laid before Parliament.
(14) For the purposes of subsection (13) no account is to be taken of any period during which Parliament is dissolved or prorogued or during which both Houses are adjourned for more than four days.
(15) After preparing or revising a statement the Board must lay the statement, or the statement as revised, before—
(a) the Scottish Parliament,
(b) the National Assembly for Wales, and
(c) the Northern Ireland Assembly.
(16) In exercising any of its functions under section 45B, 45C or 45D to require the disclosure of information, the Board must have regard to any code of practice issued by the Information Commissioner under section 51(3) of the Data Protection Act 1998 which makes provision about the identification and reduction of the risks to privacy of a proposal to disclose information, so far as the code applies to the information in question.
(17) The duty in subsection (16) to have regard to a code of practice does not affect any other requirement for the Board to have regard to a code of practice under the Data Protection Act 1998 in exercising the function.
Offences relating to notices under section 45C or 45D
45F (1) A person is guilty of an offence if—
(a) the person is given a notice under section 45C or 45D,
(b) the person is required to comply with the notice,
(c) the person fails to do so, and
(d) the person does not have a reasonable excuse for that failure.
(2) A person is guilty of an offence if, in purporting to comply with a notice under section 45C or 45D, the person—
(a) provides information which is false in a material respect, and
(b) knows that the information is false in that respect or is reckless as to whether it is false in that respect.
(3) A person who is guilty of an offence under subsection (1) or (2) is liable on summary conviction—
(a) in England and Wales, to a fine, and
(b) in Scotland or Northern Ireland, to a fine not exceeding level 5 on the standard scale.
(4) If an offence under this section is committed by a body corporate with the consent or connivance of an officer of the body, the officer, as well as the body, is to be treated as having committed the offence.
(5) In subsection (4) a reference to an officer of a body includes a reference to—
(a) a director, manager or secretary,
(b) a person purporting to act as a director, manager or secretary, and
(c) if the affairs of the body are managed by its members, a member.
(6) Where an offence under this section is committed by a partnership (whether or not a limited partnership) subsection (4) has effect, but as if a reference to an officer of the body were a reference to—
(a) a partner, and
(b) a person purporting to act as a partner.
Code of practice on changes to data systems
45G (1) The Board must prepare, adopt and publish a code of practice containing guidance on the matters to be taken into account by a public authority in making changes to—
(a) its processes for collecting, organising, storing or retrieving information, or
(b) its processes (if any) for supplying information to the Board.
(2) A public authority must have regard to any code of practice under this section in making such changes.
(3) The Board may at any time revise a code of practice under this section and, if it decides to do so, must publish the code as revised.
(4) In preparing or revising a code of practice under this section, the Board must consult—
(a) the Minister for the Cabinet Office,
(b) the Scottish Ministers,
(c) the Welsh Ministers,
(d) the Department of Finance in Northern Ireland, and
(e) such other persons as the Board thinks fit.
(5) The fact that this section was not in force when consultation of the kind mentioned in subsection (4) took place is to be disregarded in determining whether there has been compliance with that subsection.
(6) The Board may not publish the original code of practice under this section unless a draft of the code has been laid before, and approved by a resolution of, each House of Parliament
(7) Before publishing a revised code of practice under this section the Board must lay a draft of the code as proposed to be published before Parliament.
(8) The Board may not publish the revised code of practice if, within the 40-day period, either House of Parliament resolves not to approve it.
(9) In subsection (8) “the 40 day period” means—
(a) the period of 40 days beginning with the day on which the draft is laid before Parliament, or
(b) if the draft is not laid before each House on the same day, the period of 40 days beginning with the later of the days on which it is laid before Parliament.
(10) For the purposes of subsection (9) no account is to be taken of any period during which Parliament is dissolved or prorogued or during which both Houses are adjourned for more than four days.
(11) After preparing or revising a code of practice under this section the Board must lay the code, or the code as revised, before—
(a) the Scottish Parliament,
(b) the National Assembly for Wales, and
(c) the Northern Ireland Assembly.
(12) The reference in subsection (1) to making changes to a process includes introducing or removing a process.
(13) This section binds the Crown.
(14) The reference to the Crown in subsection (13) does not include—
(a) Her Majesty in Her private capacity,
(b) Her Majesty in right of the Duchy of Lancaster, or
(c) the Duke of Cornwall.
81 Disclosure by the Statistics Board to devolved administrations
After section 53 of the Statistics and Registration Service Act 2007 insert—
Disclosure by the Board to devolved administrations
53A (1) Subject to this section, the Board may disclose information held by the Board in connection with the exercise of any of its functions to a devolved authority.
(2) In this section “devolved authority” means—
(a) a person who is a part of the Scottish Administration,
(b) the Welsh Ministers,
(c) the Department of Finance in Northern Ireland, or
(d) the Registrar General for Northern Ireland.
(3) Information may only be disclosed under this section for the purposes of any or all of the statistical functions of a devolved authority.
(4) Information may only be disclosed under this section in response to a request in writing by a devolved authority which specifies—
(a) the information which is sought, and
(b) the purposes for which it is sought.
(5) A request under subsection (4) may request information to be disclosed on more than one date specified in the notice within a period specified in the notice.
(6) Information may be disclosed under this section only if—
(a) the Board is satisfied that the information is required for the purposes of the statistical functions of the devolved authority which are specified in the request,
(b) the Board is satisfied that the information will not be used for any other purpose, and
(c) if the information was obtained by the Board from a public authority, the authority consents to the disclosure.
(7) The Board may—
(a) disclose information under this section subject to conditions to be met by the devolved authority;
(b) from time to time modify conditions subject to which information has been disclosed;
(c) in the case of information which it is disclosing in response to a request to which subsection (5) applies, cease to disclose information in response to the request if any of the conditions are breached.
(8) A devolved authority may only use information disclosed under this section for the purposes for which it was disclosed.
(9) In disclosing information under subsection (1), the Board must have regard to the following codes of practice issued by the Information Commissioner under section 51(3) of the Data Protection Act 1998, so far as they apply to the information in question—
(a) any code which makes provision about the identification and reduction of the risks to privacy of a proposal to disclose information;
(b) any code which makes provision about the information to be provided to data subjects (within the meaning of that Act) about the use to be made of information collected from them.
(10) The duty in subsection (9) to have regard to a code of practice does not affect any other requirement for the Board to have regard to a code of practice under the Data Protection Act 1998 in disclosing the information.
(11) In the application of section 39 to personal information which has been disclosed to a devolved authority under this section, paragraphs (c) and (i) of subsection (4) of that section do not apply.
(12) This section does not authorise the making of a disclosure which would—
(a) breach any obligation of confidence owed by the Board,
(b) contravene the Data Protection Act 1998,
(c) be prohibited by any of Parts 1 to 7 or Chapter 1 of Part 9 of the Investigatory Powers Act 2016, or
(d) breach any other restriction on the disclosure of information (however imposed).
(13) Until the repeal of Part 1 of the Regulation of Investigatory Powers Act 2000 by paragraphs 45 and 54 of Schedule 10 to the Investigatory Powers Act 2016 is fully in force, subsection (12)(c) has effect as if it included a reference to that Part.
(14) Nothing in this section affects the scope of the powers in sections 51 to 53.
(1) The Communications Act 2003 is amended as follows.
(2) After section 134A insert—
Additional OFCOM reports on infrastructure etc
134AA (1) OFCOM may prepare reports dealing with—
(a) any of the electronic communications network matters listed in section 134B(1);
(b) any of the electronic communications services matters listed in section 134B(2).
(2) OFCOM may publish a report under this section in such manner as they consider appropriate for bringing it to the attention of persons who, in their opinion, are likely to have an interest in it.
(3) Before publishing a report under this section OFCOM must consider—
(a) whether any of the information to be contained in it is information that they could refuse to disclose in response to a request under the Freedom of Information Act 2000, and
(b) if so, whether that information should be excluded from the report.
(4) This section does not affect OFCOM's duty to prepare reports under section 134A.
Publication of information required for purpose of preparing reports
134AB (1) OFCOM may publish—
(a) any relevant section 135 information, and
(b) any information derived from relevant section 135 information.
(2) Before publishing information under this section OFCOM must consider—
(a) whether any of the information that they propose to publish is information that they could refuse to disclose in response to a request under the Freedom of Information Act 2000, and
(b) if so, whether that information should be published.
(3) In this section “relevant section 135 information” means information required by OFCOM under section 135 for the purpose of preparing a report under section 134A or 134AA.
(3) In section 134B (networks and services matters)—
(a) in subsections (1) and (2), for “section 134A” substitute “ sections 134A and 134AA ”, and
(b) in subsection (4), after “134A” insert “ or 134AA ”.
(4) In section 135(3) (information required for purposes of OFCOM functions), after paragraph (ic) insert—
(ica) preparing a report under section 134AA;
.
(5) In section 393(6)(a) (general restrictions on disclosure of information), after “26” insert “ , 134AB ”.
(1) The Communications Act 2003 is amended as follows.
(2) After section 134C insert—
Comparative overviews
Comparative overviews of quality and prices
134D (1) OFCOM may, in the interest of the end-users of public electronic communications services, carry out comparative overviews of the quality and prices of such services.
(2) OFCOM may publish a comparative overview carried out under this section in such manner as they consider appropriate for bringing it to the attention of persons who, in their opinion, are likely to have an interest in it.
(3) In section 136 (information required for related purposes)—
(a) in subsection (1) for “specified in subsection (2)” substitute “ of carrying out comparative overviews under section 134D ”, and
(b) omit subsection (2).
(4) In section 393(6) (general restrictions on disclosure of information), after paragraph (b) insert—
(ba) limits the matters that may be published as part of a comparative overview carried out by OFCOM under section 134D;
.
84 Conditions about allocation of telephone numbers
In section 58 of the Communications Act 2003 (conditions about allocation and adoption of telephone numbers), after subsection (2) insert—
(2A) General conditions may also require a communications provider to whom telephone numbers have been allocated—
(a) to provide OFCOM with any information that was not required to accompany the application for allocation of the numbers when it was made but which is now required to accompany such applications;
(b) to inform OFCOM of any changes to information that accompanied the application for allocation of the numbers or that has been provided in accordance with a condition set under paragraph (a);
(c) to inform OFCOM of any proposal by the provider to cease to provide an electronic communications network or electronic communications service;
(d) to inform OFCOM of any circumstances or events of a description specified in the condition.
(1) Section 135 of the Communications Act 2003 (information required for purposes of functions) is amended as follows.
(2) For subsection (1) substitute—
(1) OFCOM may require a person falling within subsection (2) to provide them with all such information as they consider necessary for the purpose of carrying out their functions under—
(a) section 14(1),
(b) section 26, so far as relating to matters in relation to which they have functions under this Chapter, or
(c) this Chapter.
(3) In the heading for “Chapter 1” substitute “ certain OFCOM ”.
86 Information required from communications providers
(1) The Communications Act 2003 is amended as follows.
(2) After section 137 insert—
Information required from communications providers
137A (1) OFCOM may require a communications provider—
(a) to publish any information held by the provider, or
(b) to provide any such information to OFCOM for publication by OFCOM.
(2) The information that OFCOM may require the communications provider to publish or provide under subsection (1) includes information that OFCOM require the provider to produce, generate or obtain for that purpose.
(3) For that purpose OFCOM may, in particular, require the communications provider—
(a) to collect or retain any information that the provider would not otherwise collect or retain,
(b) to process, collate or analyse any information held by the provider, or
(c) to answer any questions.
(4) The power conferred by this section may be exercised only—
(a) in connection with OFCOM's functions—
(i) under Part 1, so far as relating to electronic communications, or
(ii) under this Chapter, and
(b) in such a way as is proportionate to the use to which the information is to be put in connection with those functions.
(5) The power conferred by this section is to be exercised by a demand, contained in a notice served on the communications provider, that—
(a) describes the information required to be published or provided, and
(b) sets out OFCOM's reasons for requiring it to be published or provided.
(6) Before serving the notice on the communications provider, OFCOM must—
(a) serve a draft of the notice on the provider and inform the provider of the period for making representations, and
(b) consider any representations made by the provider within that period which—
(i) identify restrictions on the disclosure or publication of information that would or might prevent the provider from complying with the notice, or
(ii) otherwise relate to the practicability of complying with it.
(7) The communications provider must publish or provide the information required by the notice in such manner and form, in accordance with such other requirements, and within such reasonable period, as may be specified by OFCOM.
(8) Where OFCOM publish anything provided to them pursuant to subsection (1)(b) they must do so in such manner and form as they consider appropriate.
Section 137A: confidential matters
137B (1) In exercising functions under section 137A, OFCOM must have regard to the need to exclude from publication, so far as that is practicable, the matters which are confidential in accordance with subsections (2) and (3).
(2) A matter is confidential under this subsection if—
(a) it relates specifically to the affairs of a particular body, and
(b) publication of that matter would or might, in OFCOM's opinion, seriously and prejudicially affect the interests of that body.
(3) A matter is confidential under this subsection if—
(a) it relates to the private affairs of an individual, and
(b) publication of that matter would or might, in OFCOM's opinion, seriously and prejudicially affect the interests of that individual.
(3) In section 138 (notification of contravention of information requirements)—
(a) in subsection (1), for “135 or 136” substitute “ 135, 136 or 137A ”, and
(b) for subsection (2)(d) substitute—
(d) specifies what the person must do in order to comply with the requirement;
.
(4) In section 140 (suspending service provision for information contraventions), in subsections (1)(a) and (7), for “135 and 136, or either” substitute “ 135, 136 and 137A, or any ”.
(5) In section 144 (offences in connection with information requirements)—
(a) in subsection (1), after “or 136” insert “ , or who contravenes a requirement imposed under section 137A, ”,
(b) in subsection (2)(b), for “provide the required information” substitute “ comply with the requirement ”,
(c) in subsection (3)—
(i) for “135 or 136” substitute “ 135, 136 or 137A ”, and
(ii) after “provides” (in both places) insert “ or publishes ”, and
(d) in subsection (5), for paragraph (b) substitute—
(b) a confirmation decision has been given under section 139A in respect of that requirement and the period allowed under that decision has expired without the requirement have been complied with; and
.
(6) In section 145(1) (statement of policy on information gathering)—
(a) in paragraph (a), for “135 to 136” substitute “ 135, 136 and 137A ”, and
(b) in paragraph (b), for “those sections” substitute “ sections 135 and 136 ”.
(7) In section 393(6)(a) (general restrictions on disclosure of information), before “or 390” insert “ , 137A ”.
87 Appeals from decisions of OFCOM and others: standard of review
(1) The Communications Act 2003 is amended as follows.
(2) In section 193(2) (reference of price control matters to the CMA), for “is to be performed” substitute “ , having regard to the principles to be applied by the Tribunal under section 194A(2), is to be performed ”.
(3) In subsection (6) of that section omit “on the merits under section 195”.
(4) Before section 195 (decisions of the Tribunal) insert—
Disposal of appeals under section 192 (other than against certain decisions of Secretary of State)
194A (1) This section applies to an appeal against a decision referred to in section 192(1)(a), (b), (c), (d)(iii) or (e).
(2) The Tribunal must decide the appeal, by reference to the grounds of appeal set out in the notice of appeal, by applying the same principles as would be applied by a court on an application for judicial review.
(3) The Tribunal may—
(a) dismiss the appeal or quash the whole or part of the decision to which it relates; and
(b) where it quashes the whole or part of that decision, remit the matter back to the decision-maker with a direction to reconsider and make a new decision in accordance with the ruling of the Tribunal.
(4) The decision-maker must comply with a direction under subsection (3)(b).
(5) In its application to a decision of the Tribunal under this section, paragraph 1(2)(b) of Schedule 4 to the Enterprise Act 2002 (exclusion of commercial information from documents recording Tribunal decisions) is to have effect as if, for the reference to the undertaking to which commercial information relates, there were substituted a reference to any person to whom it relates.
(6) In this section “the decision-maker” means the person who made the decision appealed against.
(5) Section 195 (decisions of the Tribunal) is amended as follows.
(6) For subsection (1) substitute—
(1) This section applies to an appeal against a decision referred to in section 192(1)(d)(i), (ii), (iia) or (iv).
(7) Until section 20(2) of the Digital Economy Act 2010 comes into force, the amendment made by subsection (6) has effect with the omission of “, (iia)”.
(8) In subsections (3) to (6), for “the decision-maker” in each place substitute “ the Secretary of State ”.
(9) Omit subsection (9).
(10) For the title substitute “ Disposal of appeals under section 192 against certain decisions of Secretary of State ”.
(11) In section 317 (exercise of Broadcasting Act powers for a competition purpose), for subsection (7) substitute—
(7) Sections 192(3) to (5), (7) and (8), 194A and 196 apply in the case of an appeal under subsection (6) as they apply in the case of an appeal under section 192(2).
(12) The amendments made by this section do not apply in relation to appeals against decisions made before this section comes into force.
(1) The Communications Act is amended as follows.
(2) Section 198 (functions of OFCOM in relation to the BBC) is amended as follows.
(3) In subsection (1) for the words after paragraph (b) substitute—
to regulate the BBC.
(4) After subsection (2) insert—
(2A) The BBC Charter and Agreement may in particular confer on OFCOM, as a power they are to have by virtue of subsection (2)(a), power to require any person to provide information for the purposes of the carrying out by OFCOM of their function under subsection (1).
(5) Omit subsection (9).
(6) After section 198 insert—
Penalties for failure to provide information
198ZA (1) This section applies if—
(a) under a power conferred by virtue of section 198(2A), OFCOM require a person other than the BBC to provide information, and
(b) OFCOM determine that there are reasonable grounds to believe the person has not provided the information.
(2) OFCOM may give the person a notice which sets out the determination and specifies—
(a) what information the person must provide,
(b) the time within which the person must provide it,
(c) a penalty that OFCOM may impose if the person does not provide it, and
(d) a period in which the person may make representations.
(3) OFCOM may impose a penalty on the person if they fail without reasonable excuse to provide the information in accordance with the notice.
(4) The penalty may include an amount for each day the person fails to provide the information after the time required by the notice.
(5) The penalty in respect of any notice—
(a) must not be more than OFCOM determine to be proportionate,
(b) must not be more than the penalty specified in the notice, and
(c) must not be more than £250,000.
(6) OFCOM may withdraw a notice without imposing a penalty, and that does not affect the power to issue a further notice in relation to the same information.
(7) OFCOM must publish and keep up to date a statement of their proposed approach to issuing notices and imposing and recovering penalties under this section (subject to the guidelines published under section 392).
(7) The following cease to have effect—
(a) in Part 3 of Schedule 1 to the House of Commons Disqualification Act 1975 (offices disqualifying for membership), the entry relating to a chairman, vice-chairman or ordinary member of the BBC Trust);
(b) section 90A of the Scotland Act 1998 (BBC Trust member for Scotland);
(c) section 16 of the Scotland Act 2012 (which inserts section 90A of the 1998 Act);
(d) in section 77(2)(d) of the Deregulation Act 2015 (review of sanctions in relation to TV licensing), “and be presented to the BBC Trust”.
(1) The Communications Act 2003 is amended as follows.
(2) Section 365 (TV licence fees) is amended as follows.
(3) After subsection (1) insert—
(1A) Liability to pay a sum under regulations under subsection (1) is subject to any concession applying in accordance with a determination by the BBC under section 365A.
(4) In subsection (4)(a) after “concession” insert “ provided for by the regulations ”.
(5) In subsection (5) for “The reference to a concession in subsection (4)” substitute “ A reference in this section or section 365A to a concession ”.
(6) After subsection (5) insert—
(5A) Regulations under this section may not provide for a concession that requires the person to whom the TV licence is issued, or another person, to be of or above a specified age, unless—
(a) the age specified is below 65, and
(b) the requirement is not satisfied if the person concerned is 65 or over at the end of the month in which the licence is issued.
(5B) Subsection (5A) does not apply to—
(a) the concession provided for by regulation 3(d) of and Schedule 4 to the Communications (Television Licensing) Regulations 2004 (S.I. 2004/692) (accommodation for residential care), or
(b) a concession in substantially the same form.
(7) After section 365 insert—
TV licence fee concessions by reference to age
365A (1) For the purposes of section 365(1A) the BBC may determine that a concession in specified terms is to apply.
(2) Any concession under this section must include a requirement that the person to whom the TV licence is issued, or another person, is of or above a specified age, which must be 65 or higher, at or before the end of the month in which the licence is issued.
(3) A determination under this section—
(a) may in particular provide for a concession to apply, subject to subsection (2), in circumstances where a concession has ceased to have effect by virtue of section 365(5A), but
(b) may not provide for a concession to apply in the same circumstances as a concession within section 365(5B).
(4) A determination under this section may include provision for the means by which an entitlement to a concession must be established.
(5) A determination under this section—
(a) may make different provision for different cases (including different provision in respect of different areas);
(b) may include transitional provision.
(6) A determination under this section—
(a) must be in writing;
(b) must be published in whatever way the BBC considers appropriate.
(7) The BBC—
(a) may vary a determination by a further determination under this section;
(b) may determine that a concession is to cease to apply (and accordingly revoke a determination under this section).
(8) Before making, varying or revoking a determination the BBC must consult any persons it considers appropriate.
After section 289 of the Communications Act 2003 insert—
Provision of children's programmes
Provision of children's programmes
289A (1) OFCOM may, if they think fit, publish criteria to be applied in accordance with this section to the provision of children's programmes.
(2) Where criteria are published by OFCOM, the regulatory regime for every licensed public service channel includes the conditions that OFCOM consider appropriate for securing that the provision of children's programmes meets the criteria.
(3) Any condition imposed by virtue of this section—
(a) must relate only to the provision of children's programmes on the licensed public service channel concerned;
(b) must take into account OFCOM's assessment of the provision of children's programmes on all related services.
(4) “Related services” in relation to a Channel 3 service means—
(a) that service,
(b) all other Channel 3 services, and
(c) all services within subsection (6) that appear to OFCOM to have a sufficient connection with any Channel 3 service.
(5) “Related services” in relation to any other licensed public service channel means—
(a) that channel, and
(b) all services within subsection (6) that appear to OFCOM to have a sufficient connection with that channel.
(6) A service is within this subsection if—
(a) it is available for reception in the United Kingdom, and
(b) it is provided without any consideration being required for its reception, disregarding any requirement to pay sums in accordance with regulations under section 365.
(7) For the purposes of an assessment under subsection (3)(b) no account is to be taken of whether a programme is provided on a licensed public service channel or on another service.
(8) Any condition imposed by virtue of this section must be the same for all regional Channel 3 services.
(9) Any criteria published under this section must be published by OFCOM in a statement setting out the criteria and how they propose to apply them.
(10) OFCOM may from time to time review and revise or withdraw the criteria by publishing a further statement.
(11) Where OFCOM revise or withdraw criteria, they must take any steps they consider necessary in consequence in relation to conditions imposed by virtue of this section.
(12) OFCOM must—
(a) carry out a public consultation for the purposes of any review under subsection (10);
(b) where there are no published criteria for the time being, carry out a public consultation before publishing criteria under this section.
(13) In this section “children's programme” means a programme made—
(a) for a television programme service or for an on-demand programme service, and
(b) for viewing primarily by persons under the age of sixteen.
91 Suspension of radio licences for inciting crime or disorder
(1) In Chapter 2 of Part 3 of the Broadcasting Act 1990 (sound broadcasting services), for section 111B (power to suspend licence to provide satellite service) substitute—
Suspension of licences for inciting crime or disorder
111B (1) OFCOM must serve a notice under subsection (2) on the holder of a licence granted under this Chapter if they are satisfied that—
(a) the licence holder has included in the licensed service one or more programmes containing material likely to encourage or incite the commission of crime or to lead to disorder,
(b) in doing so the licence holder has failed to comply with a condition included in the licence in compliance with section 263 of the Communications Act 2003, and
(c) the failure would justify the revocation of the licence.
(2) A notice under this subsection must—
(a) state that OFCOM are satisfied as mentioned in subsection (1),
(b) specify the respects in which, in their opinion, the licence holder has failed to comply with the condition mentioned there,
(c) state that OFCOM may revoke the licence after the end of the period of 21 days beginning with the day on which the notice is served on the licence holder, and
(d) inform the licence holder of the right to make representations to OFCOM in that period about the matters that appear to OFCOM to provide grounds for revoking the licence.
(3) The effect of a notice under subsection (2) is to suspend the licence from the time when the notice is served on the licence holder until either—
(a) the revocation of the licence takes effect, or
(b) OFCOM decide not to revoke the licence.
(4) If, after considering any representations made to them by the licence holder in the 21 day period mentioned in subsection (2)(c), OFCOM are satisfied that it is necessary in the public interest to revoke the licence, they must serve on the licence holder a notice revoking the licence.
(5) The revocation of a licence by a notice under subsection (4) takes effect from whatever time is specified in the notice.
(6) That time must not be earlier than the end of the period of 28 days beginning with the day on which the notice under subsection (4) is served on the licence holder.
(7) Section 111 does not apply to the revocation of a licence under this section.
(2) In section 62(10) of the Broadcasting Act 1996 (application of sections 109 and 111 of the 1990 Act to digital sound programme services) for the words from “section 109” to “1990 Act” substitute “ sections 109, 111 and 111B of the 1990 Act (enforcement) ”.
(3) In section 250(3) of the Communications Act 2003 (application of sections 109 to 111A of the 1990 Act to radio licensable content services) for “111A” substitute “ 111B ”.
92 Digital additional services: seriously harmful extrinsic material
After section 24 of the Broadcasting Act 1996 (digital additional services) insert—
Duty to prevent access to seriously harmful extrinsic material
24A (1) In carrying out their functions, OFCOM must do all that they consider appropriate to prevent digital additional services from enabling members of the public to access seriously harmful extrinsic material.
(2) “Seriously harmful extrinsic material”, in relation to a digital additional service, means material that—
(a) is not included in the service, and
(b) appears to OFCOM—
(i) to have the potential to cause serious harm, or
(ii) to be likely to encourage or incite the commission of crime or lead to disorder.
95 Electronic programme guides and public service channels
(1) After section 311 of the Communications Act 2003 insert—
Report on electronic programme guides and public service channels
311A (1) It is the duty of OFCOM from time to time to prepare and publish a report dealing with—
(a) the provision by electronic programme guides of information about programmes—
(i) included in public service channels, or
(ii) provided by means of on-demand programme services by persons who also provide public service channels, and
(b) the facilities provided by such guides for the selection of, and access to, such programmes.
(2) When preparing the report OFCOM must consult such persons as appear to them appropriate.
(3) In this section “electronic programme guide” and “public service channel” have the same meanings as in section 310.
(2) After publishing the first report under section 311A of the Communications Act 2003 OFCOM must review and revise the code drawn up by them under section 310 of that Act (code of practice for electronic programme guides).
(3) The revision of the code must be completed before 1 December 2020.
(4) Subsections (2) and (3) do not affect OFCOM's duty under section 310 of that Act to review and revise the code from time to time.
(5) In this section “OFCOM” means the Office of Communications.
(1) The Data Protection Act 1998 is amended as follows.
(2) After section 52A insert—
Direct marketing code
52AA (1) The Commissioner must prepare a code of practice which contains—
(a) practical guidance in relation to the carrying out of direct marketing in accordance with the requirements of this Act and the Privacy and Electronic Communications (EC Directive) Regulations 2003 (S.I. 2003/2426), and
(b) such other guidance as the Commissioner considers appropriate to promote good practice in direct marketing.
(2) For this purpose “good practice” means such practice in direct marketing as appears to the Commissioner to be desirable having regard to the interests of data subjects and others, and includes (but is not limited to) compliance with the requirements mentioned in subsection (1)(a).
(3) Before a code is prepared under this section, the Commissioner must consult such of the following as the Commissioner considers appropriate—
(a) trade associations (within the meaning of section 51);
(b) data subjects;
(c) persons who appear to the Commissioner to represent the interests of data subjects.
(4) In this section “direct marketing” has the meaning given by section 11(3).
(3) In section 51(5A) (general duties of Commissioner) at the end insert “ or section 52AA (direct marketing code) ”.
(4) In the title of each of sections 52B to 52E for “data-sharing code” substitute “ data-sharing and direct marketing codes ”.
(5) In section 52B (procedure for making code)—
(a) in subsection (1) after “52A” insert “ or 52AA ”;
(b) in subsection (6) omit “under section 52A”.
(6) In section 52C (alteration or replacement of code)—
(a) in subsection (1)(a) after “data-sharing code” insert “ and the direct marketing code ”;
(b) in subsection (1)(b) for “may prepare an alteration to that code” substitute “ in either case, may prepare an alteration to the code ”;
(c) in subsection (4) after “52A” insert “ or 52AA ”;
(d) in subsection (5) for “means the code” substitute “ and “the direct marketing code” mean the codes respectively prepared under sections 52A and 52AA and ”.
(7) In section 52D (publication of code) in subsection (1) for “the code” substitute “ any code ”.
(8) In section 52E (effect of code)—
(a) in subsection (1) after “data-sharing code” insert “ or the direct marketing code ”;
(b) in subsection (2) for “The data-sharing code is” substitute “ Those codes are ”;
(c) in subsection (3) for “the data-sharing code” substitute “ those codes ”;
(d) in subsection (3)(a) after “Act” insert “ or the Privacy and Electronic Communications (EC Directive) Regulations 2003 (S.I. 2003/2426) ”;
(e) in subsection (3)(c) after “Act” insert “ or those Regulations ”;
(f) in subsection (4) for “means the code” substitute “ and “the direct marketing code” mean the codes respectively prepared under sections 52A and 52AA and ”.
97 Televising events of national interest: power to amend qualifying conditions
In section 98 of the Broadcasting Act 1996 (categories of service), after subsection (5) insert—
(5A) The Secretary of State may, by regulations made by statutory instrument, amend the percentage figure specified for the time being in subsection (2)(b).
(5B) An amendment made by regulations under this section does not affect—
(a) the validity of any contract entered into before the regulations came into force, or
(b) the exercise of any rights acquired under such a contract.
(5C) Regulations under subsection (5A) may make transitional, transitory or saving provision.
(5D) A statutory instrument containing regulations under subsection (5A) may not be made unless a draft of the instrument has been laid before and approved by a resolution of each House of Parliament.