Be it enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—
Access to digital services
The Communications Act 2003 is amended as follows.
Section 65 (obligations to be secured by universal service conditions) is amended as follows.
In subsection (1) omit “(“the universal service order”)”.
After subsection (2) insert—
In section 66 (designation of universal service provider) after subsection (9) insert—
In section 67(8) (universal service conditions: duty to have regard to guidance) omit “about matters relating to pricing”.
After section 72 (before the heading “Access-related conditions”) insert—
In section 135(3)(f) (power of OFCOM to require information for purposes of reviews) for “or 70” substitute “ , 70 or 72A ”.
Section 51(2) of the Communications Act 2003 (conditions which may be set for protecting interests of end-users) is amended as follows.
Omit “and” after paragraph (g).
After paragraph (h) insert—
In section 51(2) of the Communications Act 2003 (conditions which may be set for protecting interests of end-users), after paragraph (d) insert—.
Digital infrastructure
Electronic communications code
In the Telecommunications Act 1984 omit Schedule 2 (the telecommunications code).
Section 106 of the Communications Act 2003 (application of the electronic communications code) is amended as follows.
In subsection (1) for “the code set out in Schedule 2 to the Telecommunications Act 1984 (c 12)” substitute “ the code set out in Schedule 3A ”.
Omit subsection (2).
In subsection (4)(b) for “conduits” substitute “ infrastructure ”.
In subsection (5)(c) for “conduit system” in each place substitute “ system of infrastructure ”.
In subsection (6) for “16(3)” substitute “ 85(7) ”.
Omit subsection (7).
Schedules 2 (transitional provisions) and 3 (consequential amendments) have effect.
Regulations under this section may amend Schedule 2.
A statutory instrument containing regulations under this section—
if it includes provision made by virtue of subsection (2), may not be made unless a draft of the instrument has been laid before and approved by a resolution of each House of Parliament;
otherwise, is subject to annulment in pursuance of a resolution of either House of Parliament.
Regulations under subsection (1) may amend, repeal, revoke or otherwise modify the application of any enactment (but, in the case of primary legislation, only if the primary legislation was passed or made before the end of the Session in which this Act is passed).
Regulations under this section—
are to be made by statutory instrument;
may make different provision for different purposes;
may include incidental, supplementary, consequential, transitional, transitory or saving provision.
A statutory instrument containing regulations under this section (whether alone or with other provisions) which amend, repeal or modify the application of primary legislation may not be made unless a draft of the instrument has been laid before and approved by a resolution of each House of Parliament.
Any other statutory instrument containing regulations under this section is subject to annulment in pursuance of a resolution of either House of Parliament.
In this section—“enactment” includes—an enactment comprised in subordinate legislation within the meaning of the Interpretation Act 1978, an enactment comprised in, or in an instrument made under, a Measure or Act of the National Assembly for Wales, an enactment comprised in, or in an instrument made under, an Act of the Scottish Parliament, and an enactment comprised in, or in an instrument made under, Northern Ireland legislation;“primary legislation” means—an Act of Parliament, a Measure or Act of the National Assembly for Wales, an Act of the Scottish Parliament, or Northern Ireland legislation.
For section 109(2A) of the Communications Act 2003 (under which regulations that set restrictions and conditions to the application of the electronic communications code are deemed by subsection (2B) to comply with duties under National Parks and other legislation if they comply with the duty to have regard to the need to protect the environment, but only if they expire before 6 April 2018) substitute—
Dynamic spectrum access services
After Part 2 of the Wireless Telegraphy Act 2006 insert—
In section 111(3) of that Act (exemptions from general restriction on disclosure), after paragraph (c) insert—.
In section 115(1) of that Act (general interpretation), at the appropriate place insert—.
In section 400(1) of the Communications Act 2003 (destination of fees and penalties)—
in paragraph (d), before “of that Act” insert “ or Part 2A ”, and
after that paragraph insert—.
In Schedule 8 to that Act (decisions not subject to appeal)—
in paragraph 40(a), after “45” insert “ , 53A(7), 53D ”,
in paragraph 41, for “or 24” substitute “ , 24 or 53D(6) ”, and
in paragraph 43, omit the “or” after paragraph (a) and at the end of paragraph (b) insert
Other regulation of spectrum
The Wireless Telegraphy Act 2006 is amended as follows.
In section 42 (special procedure for contraventions by multiplex licence holders), in subsection (1)—
in paragraph (a), for “general multiplex” substitute “ wireless telegraphy ”, and
omit paragraph (b).
At the end of that section insert—
In the heading of that section, for “multiplex licence holders” substitute “ holders of wireless telegraphy licences ”.
In that section, after subsection (2) insert—
In that section, in subsection (3), for “subsection (2)” substitute “ this section ”.
Omit section 43A.
In section 44 (relevant amount of gross revenue), in subsections (1) and (10), omit “or 43A”.
In section 400 of the Communications Act 2003 (destination of licence fees and penalties), in subsection (1)(d), omit “or 43A”.
In Schedule 8 to that Act (decisions not subject to appeal), at the end of paragraph 44 insert “ for a relevant multiplex contravention ”.
Omit section 39 of the Digital Economy Act 2010.
The amendments and repeals made by this section do not apply in relation to—
any contravention which takes place before the day on which this section comes into force, or
any continuing contravention which began before that day.
In paragraph 4(2)(a) of Schedule 4 to the Wireless Telegraphy Act 2006 (suspended enforcement period for purposes of fixed penalty notice) for “one month” substitute “ 28 days ”.
The amendment made by this section does not apply in relation to a fixed penalty notice issued in respect of an offence committed before this section comes into force.
In section 97(3) of the Wireless Telegraphy Act 2006 (period for entering premises under warrant) for “of three months beginning with the day after the date of the warrant” substitute “ beginning with the grant of the warrant and ending three months after the end of the day on which the warrant is granted ”.
The amendment made by this section does not apply in relation to a warrant granted in respect of an offence committed before this section comes into force.
In section 101 of the Wireless Telegraphy Act 2006 (detention and disposal of seized property), for subsection (5) substitute—
The amendment made by this section does not apply where the relevant offence is one committed before this section comes into force.
The relevant offence—
where section 101(1)(a) of the Wireless Telegraphy Act 2006 applies, is the offence in relation to which the warrant is granted;
where section 101(1)(b) of that Act applies, is the offence referred to in section 99(3) of that Act.
The Wireless Telegraphy Act 2006 is amended as follows.
In section 107 (proceedings and enforcement), after subsection (3) insert—
In section 41 (procedure for prosecutions)—
in subsection (3)(b) for “allowed under that section” substitute “ specified under section 39(2)(c) for making representations ”;
in subsection (7) for the words from “allowed” to the end substitute “ specified under section 39(2)(c). ”;
for subsection (8) substitute—
The amendments made by this section do not apply in relation to an offence committed before this section comes into force.
Online pornography
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Intellectual Property
In section 5(2) of the Public Lending Right Act 1979 (interpretation) for the definition of “lent out” substitute—.
Section 40A of the Copyright, Designs and Patents Act 1988 (lending of copies by libraries or archives) is amended as follows.
After subsection (1) insert—
In subsection (1A)—
for “subsection (1)” substitute “ subsections (1) and (1ZA) ”;
after paragraph (a) insert—.
The Copyright, Designs and Patents Act 1988 is amended as follows.
In section 107 (criminal liability for making or dealing with infringing articles, etc), for subsection (2A) substitute—
In subsection (4A)(b) of that section, for “two” substitute “ ten ”.
In section 198 (criminal liability for making, dealing with or using illicit recordings), for subsection (1A) substitute—
In subsection (5A)(b) of that section, for “two” substitute “ ten ”.
The amendments made by this section do not apply in relation to offences committed before this section comes into force.
Section 24B of the Registered Designs Act 1949 (exemption of innocent infringer from liability) is amended as follows.
In subsection (2) (defendant not deemed to have been aware etc that design was registered by reason of the marking of the product unless it includes the number of the design), after “the number of the design” insert “ or a relevant internet link ”.
After that subsection insert—
In the Copyright, Designs and Patents Act 1988 the following are repealed—
sections 73 and 73A (copyright not infringed where broadcast retransmitted by cable);
paragraphs 19 and 19A of Schedule 2 (rights in relation to performance or recording not infringed where broadcast retransmitted by cable).
In consequence the following are repealed or revoked—
in the Copyright, Designs and Patents Act 1988—
in section 134, subsection (3A) and, in subsection (1), the words “Subject to subsection (3A)”;
section 149(za);
section 205B(1)(cc);
in the Broadcasting Act 1996, section 138 and Schedule 9;
in the Copyright and Related Rights Regulations 2003 (S.I. 2003/2498), regulation 22.
Digital government
A specified person may disclose information held by the person in connection with any of the person's functions to another specified person for the purposes of an objective which is a specified objective in relation to each of those persons.
In this section “specified person” means a person specified, or of a description specified, in Schedule 4.
Where in Schedule 4 functions are mentioned in relation to a specified person, the reference in subsection (1) to the person’s functions is limited to the person’s functions as mentioned in Schedule 4.
The appropriate national authority may by regulations amend Schedule 4 so as to add, remove or modify an entry relating to a person or description of person.
Regulations under subsection (3) may add an entry relating to a person or a description of person to Schedule 4 only if—
the person is a public authority or (as the case may be) each person of that description is a public authority, or
the person provides services to a public authority or (as the case may be) each person of that description provides services to a public authority.
In the case of a person (“P”) who is a specified person merely because of providing services to a public authority, the reference in subsection (1) to the functions of a specified person is limited to the functions P exercises for that purpose.
In determining whether to make regulations under subsection (3) in relation to a person or description of person the appropriate national authority must have regard, in particular, to—
the systems and procedures for the secure handling of information by that person or persons of that description, and
In this section “specified objective”, in relation to a specified person, means an objective specified in relation to that specified person in regulations made by the appropriate national authority.
An objective may be specified by regulations under subsection (7) only if it complies with the following conditions.
The first condition is that the objective has as its purpose—
the improvement or targeting of a public service provided to individuals , households or undertakings, or
the facilitation of the provision of a benefit (whether or not financial) to individuals , households or undertakings.
The second condition is that the objective has as its purpose
the improvement of the well-being of individuals or households , or
the assisting of undertakings in connection with any trade, business or charitable purpose.
The reference in subsection (10) to the well-being of individuals or households includes—
their physical and mental health and emotional well-being,
the contribution made by them to society, and
their social and economic well-being.
The third condition is that the objective has as its purpose the supporting of—
the delivery of a specified person's functions, or
the administration, monitoring or enforcement of a specified person's functions.
In this section “undertaking” means—
any person, other than a public authority, carrying on a trade or business, whether or not with a view to profit, or
any body, or the trustees of a trust, established for charitable purposes only.
In this section, in so far as it forms part of the law of Scotland or Northern Ireland, “charitable purpose” has the same meaning as it has in the law of England and Wales (see section 2 of the Charities Act 2011).
If the first and second conditions are met, a specified person may disclose information held by the person in connection with any of the person's functions to—
a licensed gas supplier, or
a licensed electricity supplier.
The first condition is that the disclosure is for the purpose of assisting people living in fuel poverty by—
reducing their energy costs,
improving efficiency in their use of energy, or
improving their health or financial well-being.
The second condition is that the information is disclosed with the intention that it will be used by the recipient of the information in connection with—
a support scheme under Part 2 of the Energy Act 2010 (schemes for reducing fuel poverty),
in the case of a disclosure to a licensed gas supplier, an obligation imposed by an order under section 33BC or 33BD of the Gas Act 1986 (powers to impose obligations on gas suppliers etc),
the making of grants (by any person) under section 15 of the Social Security Act 1990 in accordance with regulations under that section made by the Scottish Ministers or the Welsh Ministers.
in the case of a disclosure to a licensed gas supplier, a restriction on charges levied on domestic customers by the supplier which is imposed by the Gas and Electricity Markets Authority—
in the exercise of its powers under section 23(1)(b) of the Gas Act 1986 (modification of conditions of licences), and
for purposes that include assisting people living in fuel poverty by reducing their energy costs, or
in the case of a disclosure to a licensed electricity supplier, a restriction on charges levied on domestic customers by the supplier which is imposed by the Gas and Electricity Markets Authority—
in the exercise of its powers under section 11A(1)(b) of the Electricity Act 1989 (modification of conditions of licences), and
for purposes that include assisting people living in fuel poverty by reducing their energy costs.
The appropriate national authority may by regulations—
amend Schedule 5 so as to add, remove or modify an entry relating to a person or description of person;
amend subsection (1) so as to add or remove a person or description of person to whom information may be disclosed;
amend subsection (3) so as to add, modify or remove a reference to a fuel poverty measure.
Regulations under subsection (5)(a) may add an entry relating to a person or a description of person to Schedule 5 only if—
the person is a public authority or (as the case may be) each person of that description is a public authority, or
the person provides services to a public authority or (as the case may be) each person of that description provides services to a public authority.
Regulations under subsection (5)(b) may add a person or a description of person to subsection (1) only if the person or (as the case may be) each person of that description—
provides assistance of a kind mentioned in subsection (2) to people living in fuel poverty,
monitors or enforces the provision of such assistance to such people,
administers a fuel poverty measure, or
provides services to a person within paragraph (a), (b) or (c).
In determining whether to make regulations under subsection (5)(a) or (b) in relation to a person or description of person the appropriate national authority must have regard, in particular, to—
the systems and procedures for the secure handling of information by that person or persons of that description, and
In the case of a person (“P”) who is a specified person merely because of providing services to a public authority, the reference in subsection (1) to the functions of a specified person is limited to the functions P exercises for that purpose.
For the purposes of this Chapter a person lives in fuel poverty if the person is a member of a household living on a lower income in a home which cannot be kept warm at a reasonable cost.
In this section—“domestic customer” means a customer supplied with gas or electricity wholly or mainly for domestic purposes;“fuel poverty measure” means—a scheme, arrangement or set of arrangements, or a function or set of functions, which has as its purpose (or one of its purposes) the provision of assistance of a kind mentioned in subsection (2) to people living in fuel poverty;“licensed gas supplier” means the holder of a licence under section 7A(1) of the Gas Act 1986;“licensed electricity supplier” means the holder of a licence under section 6(1)(d) of the Electricity Act 1989.
If the condition in subsection (2) is met, a person to whom information may be disclosed under section 36 may disclose information held by that person to a specified person.
That condition is that the disclosure is for the purpose of assisting people living in fuel poverty in England and Wales or Scotland by—
reducing their energy costs,
improving efficiency in their use of energy, or
improving their health or financial well-being.
If the first and second conditions are met, a specified person may disclose information held by the person in connection with any of the person's functions to—
a water or sewerage undertaker for an area which is wholly or mainly in England, or
a water or sewerage undertaker for an area which is wholly or mainly in Wales.
The first condition is that the disclosure is for the purpose of assisting eligible people by—
reducing their water or sewerage costs,
improving efficiency in their use of water, or
improving their health or financial well-being.
The second condition is that the information is disclosed with the intention that it will be used by the undertaker in connection with provision in the undertaker's charges scheme under section 143 of the Water Industry Act 1991 which is included in that scheme—
in compliance with regulations under section 143A of that Act which impose requirements within subsection (2)(d) of that section (power for regulations to require charges schemes to make special provision for particular classes of individual), or
by virtue of section 44 of the Flood and Water Management Act 2010 (social tariffs).
The appropriate national authority may by regulations—
amend Schedule 6 so as to add, remove or modify an entry relating to a person or description of person;
amend subsection (1) so as to add or remove a person or description of person to whom information may be disclosed;
amend subsection (3) so as to add, modify or remove a reference to a water poverty measure.
Regulations under subsection (5)(a) may add an entry relating to a person or a description of person to Schedule 6 only if—
the person is a public authority or (as the case may be) each person of that description is a public authority, or
the person provides services to a public authority or (as the case may be) each person of that description provides services to a public authority.
Regulations under subsection (5)(b) may add a person or a description of person to subsection (1) only if the person or (as the case may be) each person of that description—
provides assistance of a kind mentioned in subsection (2) to people living in water poverty,
monitors or enforces the provision of such assistance to such people,
administers a water poverty measure, or
provides services to a person within paragraph (a), (b) or (c).
In determining whether to make regulations under subsection (5)(a) or (b) in relation to a person or description of person the appropriate national authority must have regard, in particular, to—
the systems and procedures for the secure handling of information by that person or persons of that description, and
In the case of a person (“P”) who is a specified person merely because of providing services to a public authority, the reference in subsection (1) to the functions of a specified person is limited to the functions P exercises for that purpose.
A person is “eligible” for the purposes of this section and section 39—
if the person is living in water poverty, or
in the application of the sections to a water or sewerage undertaker for an area which is wholly or mainly in England, if the person is among those for whom special provision is required to be made by regulations within subsection (3)(a).
For the purposes of this Chapter a person lives in water poverty if the person is a member of a household living on a lower income in a home which—
cannot be supplied with water at a reasonable cost, or
cannot be supplied with sewerage services at a reasonable cost.
In this section “water poverty measure” means—which has as its purpose (or one of its purposes) the provision of assistance of a kind mentioned in subsection (2) to people living in water poverty.
a scheme, arrangement or set of arrangements, or
a function or set of functions,
If the condition in subsection (2) is met, a person to whom information may be disclosed under section 38 may disclose information held by that person to a specified person.
That condition is that the disclosure is for the purpose of assisting eligible people (see section 38(9A)) in England and Wales by—
reducing their water or sewerage costs,
improving efficiency in their use of water, or
improving their health or financial well-being.
Subsection (1) does not prevent the use of information by a person—
if the information has already lawfully been made available to the public,
if the person to whom the information relates consents to its use for another purpose,
for the prevention or detection of crime or the prevention of anti-social behaviour,
for the purposes of a criminal investigation,
for the purposes of legal proceedings (whether civil or criminal), or
for the purposes of—
preventing serious physical harm to a person,
preventing loss of human life,
safeguarding vulnerable adults or children,
responding to an emergency, or
protecting national security.
In subsection (2)(c) “anti-social behaviour” means conduct that—
is likely to cause harassment, alarm or distress to any person, or
is capable of causing nuisance or annoyance to a person in relation to that person's occupation of residential premises.
Subsection (2) does not apply to information disclosed to a person under section 35, 36 or 38 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).
For the purposes of this Chapter information is “personal information” if—
it relates to and identifies a particular person (including a body corporate), but
For the purposes of subsection (5) information identifies a particular person if the identity of that person—
is specified in the information,
can be deduced from the information, or
can be deduced from the information taken together with any other information.
any obligation of confidence owed by the person making the disclosure, or
any other restriction on the disclosure of information (however imposed).
contravenes the data protection legislation, or
is prohibited by any of Parts 1 to 7 or Chapter 1 of Part 9 of the Investigatory Powers Act 2016.
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.
In this section, “the data protection legislation” has the same meaning as in the Data Protection Act 2018 (see section 3 of that Act).
by P, or
by any other person who has received it directly or indirectly from P.
Subsection (1) does not apply to a disclosure—
which is required by an EU obligation,
which is made in pursuance of an order of the court,
of information which has already lawfully been made available to the public,
which is made for the prevention or detection of crime or the prevention of anti-social behaviour,
which is made for the purposes of a criminal investigation,
which is made for the purposes of legal proceedings (whether civil or criminal),
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)),
consisting of the publication of information for the purposes of journalism, where the publication of the information is in the public interest,
which is made with the consent of the person to whom it relates, or
which is made for the purposes of—
preventing serious physical harm to a person,
preventing loss of human life,
safeguarding vulnerable adults or children,
responding to an emergency, or
protecting national security.
In subsection (2)(e) “anti-social behaviour” means conduct that—
is likely to cause harassment, alarm or distress to any person, or
is capable of causing nuisance or annoyance to a person in relation to that person's occupation of residential premises.
A person commits an offence if—
the person discloses personal information in contravention of subsection (1), and
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.
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.
A person who is guilty of an offence under subsection (4) is liable on summary conviction—
in England and Wales, to imprisonment for a term not exceeding the general limit in a magistrates’ court, to a fine or to both;
in Scotland, to imprisonment for a term not exceeding 12 months, to a fine not exceeding the statutory maximum or to both;
in Northern Ireland, to imprisonment for a term not exceeding 6 months, to a fine not exceeding the statutory maximum or to both.
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.
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).
A person who contravenes subsection (1) is guilty of an offence.
It is a defence for a person charged with an offence under subsection (3) to prove that the person reasonably believed—
that the disclosure was lawful, or
that the information had already and lawfully been made available to the public.
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.
The relevant Minister must issue a code of practice about—
the use of information disclosed under any of those sections.
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).
A person to whom the code applies must have regard to the code of practice—
in using information disclosed under any of those sections.
The relevant Minister may from time to time revise and re-issue the code of practice.
Before issuing or reissuing the code of practice the relevant Minister must consult—
the Information Commissioner,
the Commissioners for Her Majesty's Revenue and Customs,
the Scottish Ministers,
the Welsh Ministers,
the Department of Finance in Northern Ireland, and
such other persons as the relevant Minister thinks appropriate.
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.
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.
Before reissuing the code the relevant Minister must lay a draft of the code as proposed to be reissued before Parliament.
The relevant Minister may not reissue the code if, within the 40-day period, either House of Parliament resolves not to approve it.
In subsection (9) “the 40 day period” means—
the period of 40 days beginning with the day on which the draft is laid before Parliament, or
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.
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.
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—
the Scottish Parliament,
the National Assembly for Wales, and
the Northern Ireland Assembly.
any code which makes provision about the identification and reduction of the risks to privacy of a proposal to disclose information;
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.
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.
Any power to make regulations under this Chapter is exercisable—
in the case of regulations made by the relevant Minister or the Welsh Ministers, by statutory instrument, and
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)).
Regulations under this Chapter—
may make different provision for different purposes;
may contain consequential, supplementary, transitional or transitory provision or savings.
In the case of—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 42 in relation to information disclosed by the Revenue and Customs.
Before making regulations under this Chapter the appropriate national authority must consult—
the Information Commissioner,
the Commissioners for Her Majesty's Revenue and Customs,
each other person who is the appropriate national authority in relation to regulations under this Chapter,
where the appropriate national authority is not the relevant Minister, the relevant Minister, and
such other persons as the appropriate national authority thinks appropriate.
The fact that a power to make regulations under this Chapter 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.
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.
Regulations made under this Chapter by the Scottish Ministers are subject to the affirmative procedure.
A statutory instrument containing regulations made under this Chapter 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.
Regulations under this Chapter 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.
If a draft of a statutory instrument containing regulations under section 35(3), 36(5)(a) or (b) or 38(5)(a) or (b) 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.
In this Chapter—“the appropriate national authority” means the relevant Minister, subject to subsections (2) to (7);“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;“function” means function of a public nature;“personal information” has the meaning given by section 40(5);“public authority” means a person who exercises functions of a public nature, subject to subsection (8);“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.
The Scottish Ministers are the appropriate national authority in relation to—
regulations under section 36(5)(b) which add or remove a person who is, or a description of persons each of whom is, a Scottish body, and
In subsection (2) “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).
The Welsh Ministers are the appropriate national authority in relation to—
In subsection (4) “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.
The Department of Finance in Northern Ireland is the appropriate national authority in relation to—
regulations under section 35(3) 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, and
regulations under section 35(7) which have the effect only of enabling a Northern Ireland body to disclose information for the purposes of an objective which relates to a transferred matter (within the meaning of the Northern Ireland Act 1998).
In subsection (6) “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).
A person is not a public authority for the purposes of this Chapter if, apart from this subsection, the person would be a public authority for those purposes merely because the person exercises functions on behalf of another public authority.
References in this Chapter to people living in fuel poverty are to be construed in accordance with section 36(10).
References in this Chapter to people living in water poverty are to be construed in accordance with section 38(10).
The power of the Secretary of State in section 69(2) of the Wales Act 2017 to amend an enactment contained in primary legislation in consequence of any provision of that Act includes power to amend this Chapter, and section 118 so far as relating to this Chapter, in consequence of section 48 (water and sewerage) of that Act.
The Registration Service Act 1953 is amended as follows.
After section 19A insert—
In section 19B (fees in respect of provision of copies of records etc)—
after subsection (1) insert—,
in subsections (2) and (3), for “The regulations” substitute “ Regulations under this section ”, and
in the heading, omit “in respect of provision of copies of records etc”.
In section 21(1) (interpretation), after “respectively—” insert—.
The Secretary of State may by regulations make the provision in subsection (2) in consequence of any provision made by section 46.
The provision mentioned in subsection (1) is provision amending, repealing or revoking any provision of any enactment passed or made before or in the same Session as this Act.
Regulations under this section must be made by statutory instrument.
Regulations under this section may—
make different provision for different purposes;
contain transitional or transitory provision or savings.
A statutory instrument containing regulations under this section which amend or repeal an Act may not be made unless a draft of the instrument has been laid before and approved by a resolution of each House of Parliament.
A statutory instrument containing any other regulations under this section is subject to annulment in pursuance of a resolution of either House of Parliament.
In this section “enactment” includes an enactment contained in subordinate legislation within the meaning of the Interpretation Act 1978.
A specified person may disclose information held by the person in connection with any of the person's functions to another specified person for the purposes of the taking of action in connection with debt owed to a public authority or to the Crown.
For the purposes of this section and Schedule 7 debt is owed to a public authority or to the Crown if—
a person is required to pay a sum of money to a public authority or to the Crown, and
all or part of that sum remains unpaid after the date on which, or after the end of the period within which, it is required to be paid.
For the purposes of this section and Schedule 7 taking action in connection with debt owed to a public authority or to the Crown includes—
identifying debt of that kind;
collecting debt of that kind;
bringing civil proceedings as a result of debt of that kind;
taking administrative action as a result of debt of that kind.
In this Chapter “specified person” means a person specified, or of a description specified, in Schedule 7.
Where in Schedule 7 functions are mentioned in relation to a specified person, the reference in subsection (1) to the person’s functions is limited to the person’s functions as mentioned in Schedule 7.
The appropriate national authority may by regulations amend Schedule 7 so as to add, remove or modify an entry relating to a person or description of person.
Regulations under subsection (5) may add an entry relating to a person or a description of person to Schedule 7 only if the following conditions are satisfied.
The first condition is that—
the person is a public authority or (as the case may be) each person of that description is a public authority, or
the person provides services to a public authority or (as the case may be) each person of that description provides services to a public authority.
The second condition is that the person or (as the case may be) a person of that description (“P” in either case)—
requires information from a public authority or a person providing services to a public authority to improve P's ability to identify, manage or recover debt owed to a public authority or to the Crown,
has information which, if shared with a public authority or a person providing services to a public authority, has the potential to improve that authority's or that person's ability to identify, manage or recover such debt, or
has functions relating to the management or recovery of such debt the exercise of which may be improved by the disclosure of information by or to P.
In the case of a person (“P”) who is a specified person merely because of providing services to a public authority, the reference in subsection (1) to the functions of a specified person is limited to the functions P exercises for that purpose.
In determining whether to make regulations under subsection (5) in relation to a person or description of person the appropriate national authority must have regard, in particular, to—
the systems and procedures for the secure handling of information by that person or persons of that description, and
Before making regulations under subsection (5) the appropriate national authority must consult—
the Information Commissioner,
the Commissioners for Her Majesty's Revenue and Customs,
each other person who is the appropriate national authority in relation to regulations under subsection (5),
where the appropriate national authority is not the relevant Minister, the relevant Minister, and
such other persons as the appropriate national authority thinks appropriate.
The fact that this section was not in force when consultation of the kind mentioned in subsection (11) took place is to be disregarded in determining whether there has been compliance with that subsection.
Personal information disclosed under section 48 may only be used by the person to whom it is disclosed for the purposes for which it was disclosed, subject to subsection (2).
Subsection (1) does not prevent the use of information by a person—
if the information has already lawfully been made available to the public,
if the person to whom the information relates consents to its use for another purpose,
for the prevention or detection of crime or the prevention of anti-social behaviour,
for the purposes of a criminal investigation,
for the purposes of legal proceedings (whether civil or criminal),
for the purposes of safeguarding vulnerable adults or children, or
for the purposes of protecting national security.
In subsection (2)(c) “anti-social behaviour” means conduct that—
is likely to cause harassment, alarm or distress to any person, or
is capable of causing nuisance or annoyance to a person in relation to that person's occupation of residential premises.
Subsection (2) does not apply to information disclosed to a person under section 48 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).
For the purposes of this Chapter information is “personal information” if—
it relates to and identifies a particular person (including a body corporate), but
it is not information about the internal administrative arrangements of a specified person.
For the purposes of subsection (5) information identifies a particular person if the identity of that person—
is specified in the information,
can be deduced from the information, or
can be deduced from the information taken together with any other information.
A disclosure under section 48 does not breach—
any obligation of confidence owed by the person making the disclosure, or
any other restriction on the disclosure of information (however imposed).
But nothing in section 48 authorises the making of a disclosure which—
contravenes the data protection legislation, or
is prohibited by any of Parts 1 to 7 or Chapter 1 of Part 9 of the Investigatory Powers Act 2016.
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.
Section 48 does not limit the circumstances in which information may be disclosed apart from that section.
In this section, “the data protection legislation” has the same meaning as in the Data Protection Act 2018 (see section 3 of that Act).
Personal information received by a person (“P”) under section 48 may not be disclosed—
by P, or
by any other person who has received it directly or indirectly from P.
Subsection (1) does not apply to a disclosure—
which is required or permitted by any enactment (including section 48),
which is required by an EU obligation,
which is made in pursuance of an order of the court,
of information which has already lawfully been made available to the public,
which is made for the prevention or detection of crime or the prevention of anti-social behaviour,
which is made for the purposes of a criminal investigation,
which is made for the purposes of legal proceedings (whether civil or criminal),
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)),
consisting of the publication of information for the purposes of journalism, where the publication of the information is in the public interest,
which is made with the consent of the person to whom it relates,
which is made for the purposes of safeguarding vulnerable adults or children, or
which is made for the purposes of protecting national security.
In subsection (2)(e) “anti-social behaviour” means conduct that—
is likely to cause harassment, alarm or distress to any person, or
is capable of causing nuisance or annoyance to a person in relation to that person's occupation of residential premises.
A person commits an offence if—
the person discloses personal information in contravention of subsection (1), and
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.
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.
A person who is guilty of an offence under subsection (4) is liable on summary conviction—
in England and Wales, to imprisonment for a term not exceeding the general limit in a magistrates’ court, to a fine or to both;
in Scotland, to imprisonment for a term not exceeding 12 months, to a fine not exceeding the statutory maximum or to both;
in Northern Ireland, to imprisonment for a term not exceeding 6 months, to a fine not exceeding the statutory maximum or to both.
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.
This section does not apply to personal information disclosed under section 48 by the Revenue and Customs.
Personal information disclosed by the Revenue and Customs under section 48 and received by a person may not be disclosed by that person.
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).
A person who contravenes subsection (1) is guilty of an offence.
It is a defence for a person charged with an offence under subsection (3) to prove that the person reasonably believed—
that the disclosure was lawful, or
that the information had already and lawfully been made available to the public.
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.
The relevant Minister must issue a code of practice about—
the disclosure of information under section 48, and
the use of information disclosed under that section.
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).
A specified person must have regard to the code of practice in—
disclosing information under section 48, and
using information disclosed under that section.
The relevant Minister may from time to time revise and re-issue the code of practice.
Before issuing or reissuing the code of practice the relevant Minister must consult—
the Information Commissioner,
the Commissioners for Her Majesty's Revenue and Customs,
the Scottish Ministers,
the Welsh Ministers,
the Department of Finance in Northern Ireland, and
such other persons as the relevant Minister thinks appropriate.
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.
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.
Before reissuing the code the relevant Minister must lay a draft of the code as proposed to be reissued before Parliament.
The relevant Minister may not reissue the code if, within the 40-day period, either House of Parliament resolves not to approve it.
In subsection (9) “the 40 day period” means—
the period of 40 days beginning with the day on which the draft is laid before Parliament, or
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.
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.
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—
the Scottish Parliament,
the National Assembly for Wales, and
the Northern Ireland Assembly.
any code which makes provision about the identification and reduction of the risks to privacy of a proposal to disclose information;
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.
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.
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.
Before carrying out the review the relevant Minister must publish the criteria by reference to which that determination will be made.
In carrying out the review the relevant Minister must consult—
the Information Commissioner,
the Scottish Ministers,
the Welsh Ministers,
the Department of Finance in Northern Ireland, and
such other persons as the relevant Minister thinks appropriate.
Once the review is completed the relevant Minister must—
publish a report on its outcome, and
lay, or arrange for the laying of, a copy of the report before—
Parliament,
the Scottish Parliament,
the National Assembly for Wales, and
the Northern Ireland Assembly.
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).
The power in subsection (5) to amend this Chapter—
may be exercised for the purposes only of improving the effectiveness of the operation of the power in section 48(1), and
The relevant Minister may only make regulations under subsection (5) with the consent of the Scottish Ministers if the regulations—
repeal this Chapter,
amend or remove the power of the Scottish Ministers to make regulations under section 48(5),
affect the disclosure of information under section 48 by a Scottish body to another such body,
affect the use by a Scottish body of information disclosed under that section by such a body, or
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.
The relevant Minister may only make regulations under subsection (5) with the consent of the Welsh Ministers if the regulations—
repeal this Chapter,
amend or remove the power of the Welsh Ministers to make regulations under section 48(5),
affect the disclosure of information under section 48 by a Welsh body to another such body,
affect the use by a Welsh body of information disclosed under that section by such a body, or
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.
The relevant Minister may only make regulations under subsection (5) with the consent of the Department of Finance in Northern Ireland if the regulations—
repeal this Chapter,
amend or remove the power of the Department to make regulations under section 48(5),
affect the disclosure of information under section 48 by a Northern Ireland body to another such body,
affect the use by a Northern Ireland body of information disclosed under that section by such a body, or
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.
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.
Anything required to be published by this section is to be published in such manner as the relevant Minister thinks fit.
Any power to make regulations under this Chapter is exercisable—
in the case of regulations made by the relevant Minister or the Welsh Ministers, by statutory instrument, and
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)).
Regulations under this Chapter—
may make different provision for different purposes;
may contain consequential, supplementary, transitional or transitory provision or savings.
In the case of regulations under section 48(5) which amend Schedule 7 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 51 in relation to information disclosed by the Revenue and Customs.
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.
Regulations made under section 48(5) by the Scottish Ministers are subject to the affirmative procedure.
A statutory instrument containing regulations made under section 48(5) 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.
Regulations under section 48(5) 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.
If a draft of a statutory instrument containing regulations under section 48(5) 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.
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 49(5);“public authority” means—a person or body exercising functions of a public nature in the United Kingdom, a person or body entirely or substantially funded from public money, an office-holder appointed by a person or body falling within paragraph (a), or a body more than half of whose governing body or members are appointed by a person or body falling within paragraph (a);“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 48(4);“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.
The Scottish Ministers are the appropriate national authority in relation to regulations under section 48(5) 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.
The Welsh Ministers are the appropriate national authority in relation to regulations under section 48(5) 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.
The Department of Finance in Northern Ireland is the appropriate national authority in relation to regulations under section 48(5) 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.
A specified person may disclose information held by the person in connection with any of the person's functions to another specified person for the purposes of the taking of action in connection with fraud against a public authority.
In this section and in Schedule 8 “fraud against a public authority” means a fraud offence which involves—
loss to a public authority, or
the exposure of a public authority to a risk of loss.
In subsection (2)—
“fraud offence” means an offence under section 1 of the Fraud Act 2006 or, in relation to Scotland, an offence of fraud, and
For the purposes of this section and Schedule 8 taking action in connection with fraud against a public authority includes any of the following—
preventing fraud of that kind;
detecting fraud of that kind;
investigating fraud of that kind;
prosecuting fraud of that kind;
bringing civil proceedings as a result of fraud of that kind;
taking administrative action as a result of fraud of that kind.
In this Chapter “specified person” means a person specified, or of a description specified, in Schedule 8.
Where in Schedule 8 functions are mentioned in relation to a specified person, the reference in subsection (1) to the person’s functions is limited to the person’s functions as mentioned in Schedule 8.
The appropriate national authority may by regulations amend Schedule 8 so as to add, remove or modify an entry relating to a person or description of person.
Regulations under subsection (6) may add an entry relating to a person or a description of person to Schedule 8 only if the following conditions are satisfied.
The first condition is that—
the person is a public authority or (as the case may be) each person of that description is a public authority, or
the person provides services to a public authority or (as the case may be) each person of that description provides services to a public authority.
The second condition is that the person or (as the case may be) a person of that description (“P” in either case)—
requires information from a public authority or a person providing services to a public authority to improve P's ability to identify or reduce the risk of fraud against P or a public authority to which P provides services,
has information which, if shared with a public authority or a person providing services to a public authority, has the potential to improve that authority's or that person's ability to identify or reduce the risk of fraud against that authority, or
has functions of taking action in connection with fraud against a public authority, the exercise of which may be improved by the disclosure of information by or to P.
In the case of a person (“P”) who is a specified person merely because of providing services to a public authority, the reference in subsection (1) to the functions of a specified person is limited to the functions P exercises for that purpose.
In determining whether to make regulations under subsection (6) in relation to a person or description of person the appropriate national authority must have regard, in particular, to—
the systems and procedures for the secure handling of information by that person or persons of that description, and
Before making regulations under subsection (6) the appropriate national authority must consult—
the Information Commissioner,
the Commissioners for Her Majesty's Revenue and Customs,
each other person who is the appropriate national authority in relation to regulations under subsection (6),
where the appropriate national authority is not the relevant Minister, the relevant Minister, and
such other persons as the appropriate national authority thinks appropriate.
The fact this section was not in force when consultation of the kind mentioned in subsection (12) took place is to be disregarded in determining whether there has been compliance with that subsection.
In this Chapter “public authority” means—
a person or body exercising functions of a public nature in the United Kingdom,
a person or body entirely or substantially funded from public money,
an office-holder appointed by a person or body falling within paragraph (a), or
a body more than half of whose governing body or members are appointed by a person or body falling within paragraph (a).
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).
Subsection (1) does not prevent the use of information by a person—
if the information has already lawfully been made available to the public,
if the person to whom the information relates consents to its use for another purpose,
for the prevention or detection of crime or the prevention of anti-social behaviour,
for the purposes of a criminal investigation,
for the purposes of legal proceedings (whether civil or criminal), or
for the purposes of—
preventing serious physical harm to a person,
preventing loss of human life,
safeguarding vulnerable adults or children,
responding to an emergency, or
protecting national security.
In subsection (2)(c) “anti-social behaviour” means conduct that—
is likely to cause harassment, alarm or distress to any person, or
is capable of causing nuisance or annoyance to a person in relation to that person's occupation of residential premises.
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).
For the purposes of this Chapter information is “personal information” if—
it relates to and identifies a particular person (including a body corporate), but
it is not information about the internal administrative arrangements of a specified person.
For the purposes of subsection (1) information identifies a particular person if the identity of that person—
is specified in the information,
can be deduced from the information, or
can be deduced from the information taken together with any other information.
A disclosure under section 56 does not breach—
any obligation of confidence owed by the person making the disclosure, or
any other restriction on the disclosure of information (however imposed).
But nothing in section 56 authorises the making of a disclosure which—
contravenes the data protection legislation, or
is prohibited by any of Parts 1 to 7 or Chapter 1 of Part 9 of the Investigatory Powers Act 2016.
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.
Section 56 does not limit the circumstances in which information may be disclosed apart from that section.
In this section, “the data protection legislation” has the same meaning as in the Data Protection Act 2018 (see section 3 of that Act).
Personal information received by a person (“P”) under section 56 may not be disclosed—
by P, or
by any other person who has received it directly or indirectly from P.
Subsection (1) does not apply to a disclosure—
which is required or permitted by any enactment (including section 56),
which is required by an EU obligation,
which is made in pursuance of an order of the court,
of information which has already lawfully been made available to the public,
which is made for the prevention or detection of crime or the prevention of anti-social behaviour,
which is made for the purposes of a criminal investigation,
which is made for the purposes of legal proceedings (whether civil or criminal),
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)),
consisting of the publication of information for the purposes of journalism, where the publication of the information is in the public interest,
which is made with the consent of the person to whom it relates, or
which is made for the purposes of—
preventing serious physical harm to a person,
preventing loss of human life,
safeguarding vulnerable adults or children,
responding to an emergency, or
protecting national security.
In subsection (2)(e) “anti-social behaviour” means conduct that—
is likely to cause harassment, alarm or distress to any person, or
is capable of causing nuisance or annoyance to a person in relation to that person's occupation of residential premises.
A person commits an offence if—
the person discloses personal information in contravention of subsection (1), and
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.
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.
A person who is guilty of an offence under subsection (4) is liable on summary conviction—
in England and Wales, to imprisonment for a term not exceeding the general limit in a magistrates’ court, to a fine or to both;
in Scotland, to imprisonment for a term not exceeding 12 months, to a fine not exceeding the statutory maximum or to both;
in Northern Ireland, to imprisonment for a term not exceeding 6 months, to a fine not exceeding the statutory maximum or to both.
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.
This section does not apply to personal information disclosed under section 56 by the Revenue and Customs.
Personal information disclosed by the Revenue and Customs under section 56 and received by a person may not be disclosed by that person.
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).
A person who contravenes subsection (1) is guilty of an offence.
It is a defence for a person charged with an offence under subsection (3) to prove that the person reasonably believed—
that the disclosure was lawful, or
that the information had already and lawfully been made available to the public.
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.
The relevant Minister must issue a code of practice about—
the disclosure of information under section 56, and
the use of information disclosed under that section.
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).
A specified person must have regard to the code of practice in—
disclosing information under section 56, and
using information disclosed under that section.
The relevant Minister may from time to time revise and re-issue the code of practice.
Before issuing or reissuing the code of practice the relevant Minister must consult—
the Information Commissioner,
the Commissioners for Her Majesty's Revenue and Customs,
the Scottish Ministers,
the Welsh Ministers,
the Department of Finance in Northern Ireland, and
such other persons as the relevant Minister thinks appropriate.
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.
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.
Before reissuing the code the relevant Minister must lay a draft of the code as proposed to be reissued before Parliament.
The relevant Minister may not reissue the code if, within the 40-day period, either House of Parliament resolves not to approve it.
In subsection (9) “the 40 day period” means—
the period of 40 days beginning with the day on which the draft is laid before Parliament, or
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.
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.
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—
the Scottish Parliament,
the National Assembly for Wales, and
the Northern Ireland Assembly.
any code which makes provision about the identification and reduction of the risks to privacy of a proposal to disclose information;
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.
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.
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.
Before carrying out the review the relevant Minister must publish the criteria by reference to which that determination will be made.
In carrying out the review the relevant Minister must consult—
the Information Commissioner,
the Scottish Ministers,
the Welsh Ministers,
the Department of Finance in Northern Ireland, and
such other persons as the relevant Minister thinks appropriate.
Once the review is completed the relevant Minister must—
publish a report on its outcome, and
lay, or arrange for the laying of, a copy of the report before—
Parliament,
the Scottish Parliament,
the National Assembly for Wales, and
the Northern Ireland Assembly.
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).
The power in subsection (5) to amend this Chapter—
may be exercised for the purposes only of improving the effectiveness of the operation of the power in section 56(1), and
The relevant Minister may only make regulations under subsection (5) with the consent of the Scottish Ministers if the regulations—
repeal this Chapter,
amend or remove the power of the Scottish Ministers to make regulations under section 56(6),
affect the disclosure of information under section 56 by a Scottish body to another such body,
affect the use by a Scottish body of information disclosed under that section by such a body, or
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.
The relevant Minister may only make regulations under subsection (5) with the consent of the Welsh Ministers if the regulations—
repeal this Chapter,
amend or remove the power of the Welsh Ministers to make regulations under section 56(6),
affect the disclosure of information under section 56 by a Welsh body to another such body,
affect the use by a Welsh body of information disclosed under that section by such a body, or
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.
The relevant Minister may only make regulations under subsection (5) with the consent of the Department of Finance in Northern Ireland if the regulations—
repeal this Chapter,
amend or remove the power of the Department to make regulations under section 56(6),
affect the disclosure of information under section 56 by a Northern Ireland body to another such body,
affect the use by a Northern Ireland body of information disclosed under that section by such a body, or
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.
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.
Anything required to be published by this section is to be published in such manner as the relevant Minister thinks fit.
Any power to make regulations under this Chapter is exercisable—
in the case of regulations made by the relevant Minister or the Welsh Ministers, by statutory instrument, and
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)).
Regulations under this Chapter—
may make different provision for different purposes;
may contain consequential, supplementary, transitional or transitory provision or savings.
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.
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.
Regulations made under section 56(6) by the Scottish Ministers are subject to the affirmative procedure.
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.
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.
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.
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.
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.
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.
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.
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.
If the information is personal information it may not be disclosed under subsection (1) unless the following conditions are met.
The first condition is that, if the information identifies a particular person, it is processed before it is disclosed so that—
the person's identity is not specified in the information, and
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).
For the purposes of the first condition the information may be processed by—(subject to the following provisions of this Chapter).
the public authority,
a person other than the public authority, or
both the public authority and a person other than the public authority,
Personal information may be disclosed for the purpose of processing it for disclosure under subsection (1)—
by a public authority to a person involved in processing the information for that purpose;
The second condition is that each person who is involved in processing the information for disclosure takes reasonable steps to—
minimise the risk of the accidental disclosure of information which identifies a particular person, and
prevent the deliberate disclosure of such information (otherwise than in accordance with this Chapter).
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).
The fourth condition is that the research for the purposes of which the information is disclosed is accredited under section 71.
The fifth condition is that the following are accredited under section 71—
any person (including the public authority) who is involved in processing the information for disclosure under subsection (1);
any person to whom information is disclosed under subsection (1);
any person by whom such information is used for research purposes.
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.
For the purposes of this Chapter information is “personal information” if—
it relates to a particular person (including a body corporate), but
it is not information about the internal administrative arrangements of a public authority.
For the purposes of this Chapter information identifies a particular person if the identity of that person—
is specified in the information,
can be deduced from the information, or
can be deduced from the information taken together with any other information.
This section is subject to section 65.
A disclosure under section 64 does not breach—
any obligation of confidence owed by the person making the disclosure, or
any other restriction on the disclosure of information (however imposed).
But nothing in section 64 authorises information to be disclosed if to do so would—
contravene the data protection legislation, or
be prohibited by any of Parts 1 to 7 or Chapter 1 of Part 9 of the Investigatory Powers Act 2016.
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.
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.
Section 64 does not limit the circumstances in which information may be disclosed apart from that section.
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.
The persons mentioned in subsection (6) are—
the public authority to whom the request is made, and
a person who is involved in processing the information for disclosure.
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.
In this section, “the data protection legislation” has the same meaning as in the Data Protection Act 2018 (see section 3 of that Act).
Subsection (2) applies to personal information—
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
which is received by a person (“P”) under section 64(1) (disclosure for research purposes).
Personal information to which this subsection applies may not be disclosed—
by P, or
by any other person who has received it directly or indirectly from P.
Subsection (2) does not apply to a disclosure—
to a person by whom the research referred to in section 64(1) is being or is to be carried out, or
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.
Subsection (5) applies to personal information which—
identifies a particular person, and
is received by a person (“P”) under section 64(5) (disclosure for processing).
Personal information to which this subsection applies may not be disclosed—
by P, or
by any other person who has received it directly or indirectly from P.
Subsection (5) does not apply to a disclosure—
of information previously disclosed under section 64(1), where the disclosure is made by—(but subsection (2) may apply to such a disclosure).
the person to whom the information was disclosed under that provision, or
any person who has received the information directly or indirectly from the person mentioned in sub-paragraph (i),
Subsection (2) or (5) does not apply to a disclosure—
which is required or permitted by any enactment,
which is required by an EU obligation,
which is made in pursuance of an order of the court,
of information which has already lawfully been made available to the public,
which is made for the prevention or detection of crime or the prevention of anti-social behaviour,
which is made for the purposes of a criminal investigation,
which is made for the purposes of legal proceedings (whether civil or criminal),
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)),
consisting of the publication of information for the purposes of journalism, where the publication of the information is in the public interest, or
which is made with the consent of the person to whom it relates.
In subsection (7)(a) “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.
In subsection (7)(e) “anti-social behaviour” means conduct that—
is likely to cause harassment, alarm or distress to any person, or
is capable of causing nuisance or annoyance to a person in relation to that person's occupation of residential premises.
A person commits an offence if—
the person discloses personal information in contravention of subsection (2) or (5), and
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.
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.
A person who is guilty of an offence under subsection (10) is liable on summary conviction—
in England and Wales, to imprisonment for a term not exceeding the general limit in a magistrates’ court, to a fine or to both;
in Scotland, to imprisonment for a term not exceeding 12 months, to a fine not exceeding the statutory maximum or to both;
in Northern Ireland, to imprisonment for a term not exceeding 6 months, to a fine not exceeding the statutory maximum or to both.
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.
Subsection (2) applies to personal information—
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
which—and is received by a person (“P”) under section 64(1).
is disclosed under section 64(1) (disclosure for research purposes) by the Revenue and Customs, or
Personal information to which this subsection applies may not be disclosed—
by P, or
by a person to whom the information is disclosed by virtue of subsection (3).
Subsection (2) does not apply to a disclosure—
to a person by whom the research referred to in section 64(1) is being or is to be carried out, or
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.
Subsection (5) applies to personal information which—
identifies a particular person, and
is disclosed by the Revenue and Customs under section 64(5) (disclosure for processing) and received by a person (“P”).
Personal information to which this subsection applies may not be disclosed—
by P, or
by any other person who has received it under section 64(5).
Subsection (5) does not apply to a disclosure under section 64(1).
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).
A person who contravenes subsection (2) or (5) is guilty of an offence.
It is a defence for a person charged with an offence under subsection (8) to prove that the person reasonably believed—
that the disclosure was lawful, or
that the information had already and lawfully been made available to the public.
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.
Subsection (2) applies to personal information—
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
which—and is received by a person (“P”) under section 64(1).
is disclosed under section 64(1) (disclosure for research purposes) by the Welsh Revenue Authority, or
Personal information to which this subsection applies may not be disclosed—
by P, or
by a person to whom the information is disclosed by virtue of subsection (3).
Subsection (2) does not apply to a disclosure—
to a person by whom the research referred to in section 64(1) is being or is to be carried out, or
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.
Subsection (5) applies to personal information which—
identifies a particular person, and
is disclosed by the Welsh Revenue Authority under section 64(5) (disclosure for processing) and received by a person (“P”).
Personal information to which this subsection applies may not be disclosed—
by P, or
by any other person who has received it under section 64(5).
Subsection (5) does not apply to a disclosure under section 64(1).
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).
A person who contravenes subsection (2) or (5) is guilty of an offence.
It is a defence for a person charged with an offence under subsection (8) to prove that the person reasonably believed—
that the disclosure was lawful, or
that the information had already and lawfully been made available to the public.
A person who is guilty of an offence under subsection (8) is liable—
on summary conviction, to imprisonment for a term not exceeding the general limit in a magistrates’ court, to a fine, or to both;
on conviction on indictment to imprisonment for a term not exceeding two years, to a fine or to both.
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.
Subsection (2) applies to personal information—
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
which—and is received by a person (“P”) under section 64(1).
is disclosed under section 64(1) (disclosure for research purposes) by Revenue Scotland, or
Personal information to which this subsection applies may not be disclosed—
by P, or
by a person to whom the information is disclosed by virtue of subsection (3).
Subsection (2) does not apply to a disclosure—
to a person by whom the research referred to in section 64(1) is being or is to be carried out, or
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.
Subsection (5) applies to personal information which—
identifies a particular person, and
is disclosed by Revenue Scotland under section 64(5) (disclosure for processing) and received by a person (“P”).
Personal information to which this subsection applies may not be disclosed—
by P, or
by any other person who has received it under section 64(5).
Subsection (5) does not apply to a disclosure under section 64(1).
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).
A person who contravenes subsection (2) or (5) is guilty of an offence.
It is a defence for a person charged with an offence under subsection (8) to prove that the person reasonably believed—
that the disclosure was lawful, or
that the information had already and lawfully been made available to the public.
A person who is guilty of an offence under subsection (8) is liable—
on summary conviction, to imprisonment for a term not exceeding 12 months, to a fine not exceeding the statutory maximum or to both;
on conviction on indictment to imprisonment for a term not exceeding two years, to a fine or to both.
The Statistics Board must issue a code of practice about—
the disclosure of personal information under section 64,
the processing of information under that section, and
the holding or use of personal information disclosed under that section.
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).
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.
The Statistics Board may from time to time revise and re-issue the code of practice.
Before issuing or reissuing the code of practice the Statistics Board must consult—
the Minister for the Cabinet Office,
the Information Commissioner,
the Commissioners for Her Majesty's Revenue and Customs,
the Scottish Ministers,
the Welsh Ministers,
the Department of Finance in Northern Ireland, and
such other persons as the Statistics Board thinks appropriate.
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.
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.
Before reissuing the code the Statistics Board must lay a draft of the code as proposed to be reissued before Parliament.
The Statistics Board may not reissue the code if, within the 40-day period, either House of Parliament resolves not to approve it.
In subsection (11) “the 40 day period” means—
the period of 40 days beginning with the day on which the draft is laid before Parliament, or
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.
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.
As soon as is reasonably practicable after issuing or reissuing the code of practice the Statistics Board must lay a copy of it before—
the Scottish Parliament,
the National Assembly for Wales, and
the Northern Ireland Assembly.
any code which makes provision about the identification and reduction of the risks to privacy of a proposal to disclose information;
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.
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.
The Statistics Board—
may accredit a person as a person who may be involved in the processing of information for disclosure under subsection (1) of section 64,
may accredit a person as a person to whom information may be disclosed under that subsection,
may accredit a person as a person by whom information disclosed under that subsection may be used for research purposes,
may accredit research for the purposes of section 64, and
may withdraw accreditation given under any of paragraphs (a) to (e).
The Statistics Board—
must establish and publish conditions to be met by a person for accreditation under subsection (1)(a), (b), (c) or (d),
must establish and publish conditions to be met by research for accreditation under subsection (1)(e), and
must establish and publish grounds for the withdrawal of accreditation under subsection (1)(f).
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.
The conditions established and published under subsection (2)(b) must include a condition that the research is in the public interest.
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.
Before publishing conditions under subsection (2)(a) or (b) or grounds under subsection (2)(c), the Statistics Board must consult—
the Minister for the Cabinet Office,
the Information Commissioner,
the Commissioners for Her Majesty's Revenue and Customs,
the Scottish Ministers,
the Welsh Ministers,
the Department of Finance in Northern Ireland, and
such other persons as the Statistics Board thinks appropriate.
The Statistics Board—
may from time to time revise conditions or grounds published under this section, and
if it does so, must publish the conditions or grounds as revised.
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).
The Statistics Board must maintain and publish—
a register of persons who are accredited under subsection (1)(a),
a register of persons who are accredited under subsection (1)(b),
a register of persons who are accredited under subsection (1)(c), and
a register of persons who are accredited under subsection (1)(d).
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.
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.
The Statistics Board may delegate any of its functions under section 71 to another person if the Board thinks that the person—
is a fit and proper person to exercise the function in question, and
has expertise in statistical research and analysis.
Subsection (1) does not affect the operation of section 36 of the Statistics and Registration Service Act 2007 (delegation of Board's functions).
A person is not a public authority for the purposes of this Chapter if the person—
only has functions relating to the provision of health services,
only has functions relating to the provision of adult social care, or
only has functions within paragraph (a) and paragraph (b).
The following are to be disregarded in determining whether subsection (2) applies to a person—
any power (however expressed) to do things which are incidental to the carrying out of another function of that person;
any function which the person exercises or may exercise on behalf of another person.
In this Chapter “health services” means—
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
services designed to secure any of the objects of section 2(1)(a) of the Health and Social Care (Reform) Act (Northern Ireland) 2009.
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.
References in this Chapter to information which identifies a particular person are to be read in accordance with section 64(12).
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—
the information is non-identifying information, and
the official thinks that the disclosure would be in the public interest.
Information is non-identifying information for the purposes of this section if—
it is not, and has never been, identifying information, or
it has been created by combining identifying information, but is not itself identifying information.
Information is identifying information for the purposes of this section if it relates to a person whose identity—
is specified in the information,
can be deduced from the information, or
can be deduced from the information taken together with any other information.
In this section—
“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, and
“function of the Revenue and Customs” has the meaning given by section 18(4)(c) of that Act.
A relevant official of the Welsh Revenue Authority may disclose relevant information to any person if—
the information is non-identifying information, and
the official thinks that the disclosure would be in the public interest.
Information is non-identifying information for the purposes of this section if—
it is not, and has never been, identifying information, or
it has been created by combining identifying information, but is not itself identifying information.
Information is identifying information for the purposes of this section if it relates to a person whose identity—
is specified in the information,
can be deduced from the information, or
can be deduced from the information taken together with any other information.
In this section—
“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
“relevant information” means information which—
is held by the Welsh Revenue Authority in connection with its functions, or
is held by a person to whom any of the functions of the Welsh Revenue Authority have been delegated in connection with those functions.
A relevant official of Revenue Scotland may disclose to any person information held by a relevant person in connection with a relevant function if—
the information is non-identifying information, and
the official thinks that the disclosure would be in the public interest.
Information is non-identifying information for the purposes of this section if—
it is not, and has never been, identifying information, or
it has been created by combining identifying information, but is not itself identifying information.
Information is identifying information for the purposes of this section if it relates to a person whose identity—
is specified in the information,
can be deduced from the information, or
can be deduced from the information taken together with any other information.
In this section—
“relevant official of Revenue Scotland” means a relevant official as defined by section 15(2) of the Revenue Scotland and Tax Powers Act 2014,
“relevant person” has the meaning given by section 13(2) of that Act, and
“relevant function” means a function mentioned in section 13(3)(a), (b)(i) or (c)(i) of that Act.
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.
The Employers' Liability Tracing Office is the company registered in England and Wales with the company registration number 06964651.
The permitted purpose is the purpose of providing assistance in connection with—
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
applications for a payment under the Diffuse Mesothelioma Payment Scheme established under the Mesothelioma Act 2014.
“Employer reference information” means any of the following information relating to an employer—
the employer's name and address;
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.
References in this section to an employer include references to a person who has at any time been an employer.
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.
Section 45 of the Statistics and Registration Service Act 2007 (disclosure of HMRC information to the Statistics Board) is amended as follows.
In subsection (2) omit “, other than its function under section 22 (statistical services)”.
After subsection (2) insert—
In subsection (3) omit “, other than its function under section 22”.
After that subsection insert—
After subsection (4) insert—
Omit subsection (5) (which prevents the disclosure of personal information not relating to imports or exports).
The Statistics and Registration Service Act 2007 is amended as follows.
After section 45 insert—
Omit—
section 47 (power to authorise disclosure to the Board);
section 48 (power to authorise disclosure to the Board: Scotland);
section 49 (power to authorise disclosure to the Board: Northern Ireland).
In section 54 (Data Protection Act 1998 and Human Rights Act 1998) for “47” substitute “ 50 ”.
In section 65 (orders and regulations)—
in subsection (4) omit “47(11),”,
in subsection (5)(b) omit “47,”,
in subsection (6)(b) omit “48 or”, and
in subsection (9)(c) omit “49 or”.
In section 67 (general interpretation) for the definition of “enactment” substitute—.
After section 53 of the Statistics and Registration Service Act 2007 insert—
Miscellaneous
OFCOM: reports etc
The Communications Act 2003 is amended as follows.
After section 134A insert—
In section 134B (networks and services matters)—
in subsections (1) and (2), for “section 134A” substitute “ sections 134A and 134AA ”, and
in subsection (4), after “134A” insert “ or 134AA ”.
In section 135(3) (information required for purposes of OFCOM functions), after paragraph (ic) insert—.
In section 393(6)(a) (general restrictions on disclosure of information), after “26” insert “ , 134AB ”.
The Communications Act 2003 is amended as follows.
After section 134C insert—
In section 136 (information required for related purposes)—
in subsection (1) for “specified in subsection (2)” substitute “ of carrying out comparative overviews under section 134D ”, and
omit subsection (2).
In section 393(6) (general restrictions on disclosure of information), after paragraph (b) insert—.
OFCOM: information
In section 58 of the Communications Act 2003 (conditions about allocation and adoption of telephone numbers), after subsection (2) insert—
Section 135 of the Communications Act 2003 (information required for purposes of functions) is amended as follows.
For subsection (1) substitute—
In the heading for “Chapter 1” substitute “ certain OFCOM ”.
The Communications Act 2003 is amended as follows.
After section 137 insert—
In section 138 (notification of contravention of information requirements)—
in subsection (1), for “135 or 136” substitute “ 135, 136 or 137A ”, and
for subsection (2)(d) substitute—.
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 ”.
In section 144 (offences in connection with information requirements)—
in subsection (1), after “or 136” insert “ , or who contravenes a requirement imposed under section 137A, ”,
in subsection (2)(b), for “provide the required information” substitute “ comply with the requirement ”,
in subsection (3)—
for “135 or 136” substitute “ 135, 136 or 137A ”, and
after “provides” (in both places) insert “ or publishes ”, and
in subsection (5), for paragraph (b) substitute—.
In section 145(1) (statement of policy on information gathering)—
in paragraph (a), for “135 to 136” substitute “ 135, 136 and 137A ”, and
in paragraph (b), for “those sections” substitute “ sections 135 and 136 ”.
In section 393(6)(a) (general restrictions on disclosure of information), before “or 390” insert “ , 137A ”.
Appeals
The Communications Act 2003 is amended as follows.
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 ”.
In subsection (6) of that section omit “on the merits under section 195”.
Before section 195 (decisions of the Tribunal) insert—
Section 195 (decisions of the Tribunal) is amended as follows.
For subsection (1) substitute—
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)”.
In subsections (3) to (6), for “the decision-maker” in each place substitute “ the Secretary of State ”.
Omit subsection (9).
For the title substitute “ Disposal of appeals under section 192 against certain decisions of Secretary of State ”.
In section 317 (exercise of Broadcasting Act powers for a competition purpose), for subsection (7) substitute—
The amendments made by this section do not apply in relation to appeals against decisions made before this section comes into force.
Regulation and functions of BBC
The Communications Act is amended as follows.
Section 198 (functions of OFCOM in relation to the BBC) is amended as follows.
In subsection (1) for the words after paragraph (b) substitute—
After subsection (2) insert—
Omit subsection (9).
After section 198 insert—
The following cease to have effect—
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);
section 90A of the Scotland Act 1998 (BBC Trust member for Scotland);
section 16 of the Scotland Act 2012 (which inserts section 90A of the 1998 Act);
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”.
The Communications Act 2003 is amended as follows.
Section 365 (TV licence fees) is amended as follows.
After subsection (1) insert—
In subsection (4)(a) after “concession” insert “ provided for by the regulations ”.
In subsection (5) for “The reference to a concession in subsection (4)” substitute “ A reference in this section or section 365A to a concession ”.
After subsection (5) insert—
After section 365 insert—
Provision of children's programmes
After section 289 of the Communications Act 2003 insert—
OFCOM powers relating to criminal content etc
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—
After section 24 of the Broadcasting Act 1996 (digital additional services) insert—
On-demand programme services
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Section 368E of the Communications Act 2003 (restrictions on harmful material contained in on-demand programme services) is amended as follows.
In subsection (5), after paragraph (b) omit “or”.
In that subsection, after paragraph (c) insert—
In subsection (6), after “(5)(b)” insert “ or (e) ”.
In subsection (7), after the definition of “the 1984 Act”, insert—.
Electronic Programme Guides
After section 311 of the Communications Act 2003 insert—
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).
The revision of the code must be completed before 1 December 2020.
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.
In this section “OFCOM” means the Office of Communications.
Direct marketing code
The Data Protection Act 1998 is amended as follows.
After section 52A insert—
In section 51(5A) (general duties of Commissioner) at the end insert “ or section 52AA (direct marketing code) ”.
In the title of each of sections 52B to 52E for “data-sharing code” substitute “ data-sharing and direct marketing codes ”.
In section 52B (procedure for making code)—
in subsection (1) after “52A” insert “ or 52AA ”;
in subsection (6) omit “under section 52A”.
In section 52C (alteration or replacement of code)—
in subsection (1)(a) after “data-sharing code” insert “ and the direct marketing code ”;
in subsection (1)(b) for “may prepare an alteration to that code” substitute “ in either case, may prepare an alteration to the code ”;
in subsection (4) after “52A” insert “ or 52AA ”;
in subsection (5) for “means the code” substitute “ and “the direct marketing code” mean the codes respectively prepared under sections 52A and 52AA and ”.
In section 52D (publication of code) in subsection (1) for “the code” substitute “ any code ”.
In section 52E (effect of code)—
in subsection (1) after “data-sharing code” insert “ or the direct marketing code ”;
in subsection (2) for “The data-sharing code is” substitute “ Those codes are ”;
in subsection (3) for “the data-sharing code” substitute “ those codes ”;
in subsection (3)(a) after “Act” insert “ or the Privacy and Electronic Communications (EC Directive) Regulations 2003 (S.I. 2003/2426) ”;
in subsection (3)(c) after “Act” insert “ or those Regulations ”;
in subsection (4) for “means the code” substitute “ and “the direct marketing code” mean the codes respectively prepared under sections 52A and 52AA and ”.
Televising events of national interest
In section 98 of the Broadcasting Act 1996 (categories of service), after subsection (5) insert—
Other provisions relating to OFCOM
After section 2 of the Communications Act 2003 insert—
After section 24 of that Act insert—
The duty under subsection (1) of section 24A of that Act does not have effect until the day on which regulations made under subsection (4) of that section first come into force.
In section 393(6) of that Act (general restrictions on disclosure of information), after paragraph (a) insert—.
In section 111(7) of the Wireless Telegraphy Act 2006 (general restrictions on disclosure of information), after paragraph (a) insert—.
In section 56 of the Postal Services Act 2011 (general restrictions on disclosure of information), after subsection (6) insert—
Section 1 of the Office of Communications Act 2002 (the Office of Communications) is amended as follows.
In subsection (3), before paragraph (b) insert—.
Before subsection (4) insert—
In subsection (5) in the words before paragraph (a), before “and (b),” insert “ , (ac) ”.
At the end insert—
The Schedule to the Office of Communications Act 2002 is amended as follows.
In paragraph 11 (accounts and audit)—
in sub-paragraph (3)(c) at the end insert “ and the Minister for the Economy in Northern Ireland ”;
at the end insert—
In paragraph 12 (annual report)—
in sub-paragraph (1) before “a report” insert “ and the Minister for the Economy in Northern Ireland ”;
at the end insert—
The following provisions of section 44 of the Northern Ireland Act 1998 (power of Assembly to call for witnesses and documents: limitation by reference to transferred matters etc) do not apply in relation to requirements imposed in connection with the discharge of the functions of the Office of Communications in relation to Northern Ireland—
the words after paragraph (b) in subsection (1);
subsections (2), (3) and (5)(b).
The Communications Act 2003 is amended as follows.
In section 400(4)(c) (destination of fees and penalties: account for financial year), for the words from “of principles” to “subsection (4)” substitute “ under section 401 for meeting the costs set out in the statement in accordance with subsection (1)(b) ”.
In section 401 (retention of amounts by OFCOM), for subsection (1) substitute—
In subsection (2) of that section, omit “of principles”.
For subsections (3) to (5) of that section substitute—
In subsection (6) of that section, omit “the principles contained in”.
In subsection (7) of that section, for “of carrying out the functions mentioned in subsection (4) of this section” substitute “ set out in the statement in accordance with subsection (1)(b) ”.
In subsection (8) of that section, omit “of principles”.
In subsection (10) of that section, after “Treasury” insert “ and the Secretary of State ”.
For the heading to that section substitute “ Retention by OFCOM of amounts paid under Wireless Telegraphy Act 2006 ”.
The Communications Act 2003 is amended as follows.
After section 28 (general power of OFCOM to charge for services), and before the italic heading following that section, insert—
In section 38 (annual administrative charge), after subsection (11) insert—
Billing limits for mobile phones
In Chapter 1 of Part 2 of the Communications Act 2003 (electronic communications networks and services) after section 124R insert—
Online social media platforms
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Internet filters
A provider of an internet access service to an end-user may prevent or restrict access on the service to information, content, applications or services, for child protection or other purposes, if the action is in accordance with the terms on which the end-user uses the service.
This section does not affect whether a provider of an internet access service may prevent or restrict access to anything on the service in other circumstances.
In this section—“end-user” means an end-user of a public electronic communications service, within the meaning given by section 151(1) of the Communications Act 2003;“internet access service” has the meaning given by Article 2(2) of Regulation (EU) 2015/2120 of the European Parliament and of the Council of 25th November 2015 laying down measures concerning open internet access and amending Directive 2002/22/EC on universal service and users' rights relating to electronic communications networks and services and Regulation (EU) No 531/2012 on roaming on public mobile communications networks within the Union.
Ticket sales
In section 90 of the Consumer Rights Act 2015 (duty to provide information about tickets), in subsection (4) omit “and” at the end of paragraph (c), and at the end of paragraph (d) insert
The Secretary of State may make regulations providing that it is an offence for a person in circumstances within subsection (2) to do an act within subsection (3).
Circumstances are within this subsection if each of the following applies—
tickets for a recreational, sporting or cultural event in the United Kingdom are offered for sale,
a purchase may be made wholly or partly by a process that the purchaser completes using an electronic communications network or an electronic communications service, and
the offer is subject to conditions that limit the number of tickets a purchaser may buy.
An act is within this subsection if it consists in using anything that enables or facilitates completion of any part of a process within subsection (2)(b) with intent to obtain tickets in excess of a limit imposed by conditions within subsection (2)(c).
The regulations may apply whether the offer is made, or anything is done to obtain tickets, in or outside the United Kingdom.
The regulations—
may be limited to particular circumstances within subsection (2), and to particular acts within subsection (3);
may provide for an offence to be subject to an exception or defence;
may make different provision for different areas.
The regulations must provide in England and Wales and Scotland for an offence to be triable only summarily.
The regulations may not provide for an offence to be punishable—
with imprisonment,
in Scotland, with a fine exceeding £50,000, or
in Northern Ireland, if tried summarily, with a fine exceeding the statutory maximum.
The power to make regulations under this section is exercisable by statutory instrument.
A statutory instrument containing regulations under this section may not be made unless a draft of the instrument has been laid before and approved by a resolution of each House of Parliament.
In this section “electronic communications network” and “electronic communications service” have the meaning given by section 32 of the Communications Act 2003.
Communication devices used for drug dealing
After section 80 of the Serious Crime Act 2015 insert—
Charges payable to the Information Commissioner
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The Data Protection Act 1998 is amended in accordance with subsections (2) to (7).
Omit Part 3 (notification by data controllers).
In section 33A(1) (manual data held by public authorities) omit paragraph (e) (but not the “and” following that paragraph).
In section 71 (index of defined expressions) omit the entries relating to “address”, “fees regulations”, “notification requirements”, “prescribed” and “registrable particulars”.
In Part 2 of Schedule 1 (interpretation of the data protection principles) in paragraph 5 omit paragraph (b) and the “or” preceding that paragraph.
In Schedule 14 (transitional provisions and savings) omit paragraph 2 (registration under Part 2 of the Data Protection Act 1984).
In regulation 5(3)(b) of the High Court Enforcement Officers Regulations 2004 (SI 2004/400) (application procedure) omit paragraph (iii).
In consequence of the repeal in subsection (2) the following are repealed or revoked—
section 71 of the Freedom of Information Act 2000;
in paragraph 6 of Schedule 2 to the Transfer of Functions (Miscellaneous) Order 2001 (SI 2001/3500)—
in sub-paragraph (1), paragraphs (h) to (m), and
sub-paragraph (2);
in paragraph 9(1)(a) of Schedule 2 to the Secretary of State for Constitutional Affairs Order 2003 (SI 2003/1887), the words “16, 17, 22, 23, 25, 26,”;
Part 1 of Schedule 20 to the Coroners and Justice Act 2009;
paragraph 26 of Schedule 2 to the Transfer of Tribunal Functions Order 2010 (SI 2010/22).
Payment and securities settlement systems
In Part 24 of the Financial Services and Markets Act 2000 (insolvency) after section 379 insert—
Schedule 9 extends Part 5 of the Banking Act 2009 (Bank of England oversight of inter-bank payment systems) to other payment systems; and makes consequential provision.
Qualifications in information technology
The Apprenticeships, Skills, Children and Learning Act 2009 is amended as follows.
In section 88(1) (qualifications for persons aged 19 or over: payment of tuition fees), for “1(a) or (b)” substitute “ 1(a), (b) or (ba) ”.
In paragraph 1 of Schedule 5 (qualifications for persons aged 19 or over), after paragraph (b) insert—.
After paragraph 5 of that Schedule insert—
Guarantee of pension liabilities under Telecommunications Act 1984
The Secretary of State may make regulations modifying or supplementing section 68 of the Telecommunications Act 1984 (liability of Secretary of State in respect of British Telecommunications public limited company's liabilities as successor for payment of pensions) in accordance with subsection (4).
Subsection (4) applies in relation to relevant employees of British Telecommunications public limited company (“BTplc”) becoming employees of another company (a “transferee”) in connection with any part of the undertaking of BTplc being transferred or outsourced (whether or not to the transferee).
Employees are relevant if the liability of BTplc for the payment of pensions which vested in it by virtue of section 60 of the Telecommunications Act 1984 included, immediately before the employees ceased to be employees of BTplc, liability for the payment of pensions to or in respect of those employees.
The regulations may provide for the Secretary of State (in addition to any liability apart from the regulations) to become liable—
on the winding up of BTplc, to discharge any outstanding liability of BTplc for the payment of pensions to or in respect of relevant employees of the transferee or a successor;
on the winding up of the transferee or a successor, to discharge any outstanding liability of the transferee or successor for the payment of pensions to or in respect of relevant employees.
The regulations may provide for any liability that the Secretary of State is liable to discharge under the regulations not to include liability arising by virtue of a person's employment on or after a specified date, or by virtue of anything else occurring on or after a specified date.
The specified date must be not earlier than the date on which the regulations come into force.
The power to make regulations under this section is exercisable so as to—
make provision in relation to all cases or circumstances to which the power extends or in relation to specified cases or circumstances;
in particular, make provision in relation to all employees to whom the power extends or in relation to employees of a specified description;
make different provision for different purposes.
The regulations may—
amend section 68 of the Telecommunications Act 1984;
re-enact any provision of that section with or without modifications.
In this section references to the winding up of a company are references to—
the passing of a resolution, in accordance with the Insolvency Act 1986, for the voluntary winding up of the company, or
the making of an order for the winding up of the company by the court under that Act.
In this section—“specified” means specified in regulations under this section;“successor” means—where relevant employees of a transferee become employees of another person, that person, and where relevant employees of a successor within paragraph (a) or this paragraph become employees of another person, that person;“undertaking” includes anything that may be the subject of a transfer or service provision change, whether or not the Transfer of Undertakings (Protection of Employment) Regulations 2006 (S.I. 2006/246) apply.
The power to make regulations under section 115 is exercisable by statutory instrument.
That power is exercisable by the Secretary of State only with the consent of the Treasury.
A statutory instrument containing regulations under that section may not be made unless a draft of the instrument has been laid before and approved by a resolution of each House of Parliament.
Before making regulations under that section the Secretary of State must consult—
the Pensions Regulator;
BT plc;
the trustees of the BT Pensions Scheme;
any transferee or successor to which the regulations apply;
any other persons the Secretary of State considers it appropriate to consult.
General
The following are to be paid out of money provided by Parliament—
any expenditure incurred under or by virtue of this Act by a Minister of the Crown, a person holding office under Her Majesty or a government department, and
any increase attributable to this Act in the sums payable under any other Act out of money so provided.
The following come into force on the day on which this Act is passed—
section 88;
section 112;
this section.
The following come into force at the end of the period of two months beginning with the day on which this Act is passed—
section 1;
section 2;
section 3;
section 7;
section 90;
section 97;
section 103;
section 107;
Section 89 comes into force on 1 June 2020.
Part 5, except—comes into force on whatever day the Secretary of State or the Minister for the Cabinet Office appoints by regulations made by statutory instrument.
Chapter 1, so far as that Chapter relates to the disclosure of information to or by a water or sewerage undertaker for an area which is wholly or mainly in Wales,
Chapter 2, and
Chapters 5 and 6, so far as those Chapters relate to the disclosure of information by the Welsh Revenue Authority,
The provisions mentioned in subsection (4)(a) and (c) come into force on whatever day the Welsh Ministers appoint by regulations made by statutory instrument.
The other provisions of this Act come into force on whatever day the Secretary of State appoints by regulations made by statutory instrument.
Different days may be appointed for different purposes or different areas.
The appropriate authority may by regulations made by statutory instrument make transitional, transitory or saving provision in connection with the coming into force of any provision of this Act.
The appropriate authority, subject to subsection (11), is the Secretary of State.
The appropriate authority in relation to Part 5 is—
the Secretary of State, in relation to Chapter 2;
the Welsh Ministers, in relation to—
Chapter 1 so far as relating to the disclosure of information to or by a water or sewerage undertaker for an area which is wholly or mainly in Wales, and
Chapters 5 and 6 so far as relating to the disclosure of information by the Welsh Revenue Authority;
otherwise, the Secretary of State or the Minister for the Cabinet Office.
This Act extends to England and Wales, Scotland and Northern Ireland, subject to the following provisions of this section.
In section 46—
subsections (4) and (5) (and, so far as it relates to them, subsection (2)) of the new section 19AB inserted in the Registration Service Act 1953 extend to England and Wales, Scotland and Northern Ireland, but
subject to that, the amendments and repeals made to that Act extend to England and Wales only.
Section 114 extends to England and Wales only.
Section 47 of the Registered Designs Act 1949 (application to Isle of Man) applies to section 33 as it applies to that Act.
An amendment of the following enactments made by this Act may be extended to any of the Channel Islands or the Isle of Man under the relevant extending power—
Part 1 of the Copyright, Designs and Patents Act 1988;
the Broadcasting Act 1990;
the Broadcasting Act 1996;
the Communications Act 2003;
the Wireless Telegraphy Act 2006.
“Relevant extending power” means—
in relation to amendments of Part 1 of the Copyright, Designs and Patents Act 1988, section 157(2) of that Act;
in relation to amendments of the Broadcasting Act 1990, section 204(6) of that Act;
in relation to amendments of the Broadcasting Act 1996, section 150(4) of that Act;
in relation to amendments of the Communications Act 2003, section 411(6) of that Act;
in relation to amendments of the Wireless Telegraphy Act 2006, section 118(3) of that Act.
The power conferred by section 157(2)(c) of the Copyright, Designs and Patents Act 1988 (power to extend to British overseas territories) is exercisable in relation to any amendment made by this Act to Part 1 of that Act.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
This Act may be cited as the Digital Economy Act 2017.
The electronic communications code
This is the Schedule to be inserted before Schedule 4 to the Communications Act 2003—
The electronic communications code: transitional provision
Interpretation
This paragraph has effect for the purposes of this Schedule.
The “existing code” means Schedule 2 to the Telecommunications Act 1984.
The “new code” means Schedule 3A to the Communications Act 2003.
A “subsisting agreement” means—which is in force, as between an operator and any person, at the time the new code comes into force (and whose terms do not provide for it to cease to have effect at that time).
an agreement for the purposes of paragraph 2 or 3 of the existing code, or
an order under paragraph 5 of the existing code,
Expressions used in this Schedule and in the new code have the same meaning as in the new code, subject to any modification made by this Schedule.
Effect of subsisting agreement
A subsisting agreement has effect after the new code comes into force as an agreement under Part 2 of the new code between the same parties, subject to the modifications made by this Schedule.
A person who is bound by a right by virtue of paragraph 2(4) of the existing code in consequence of a subsisting agreement is, after the new code comes into force, treated as bound pursuant to Part 2 of the new code.
Limitation of code rights
In relation to a subsisting agreement, references in the new code to a code right are—
in relation to the operator and the land to which an agreement for the purposes of paragraph 2 of the existing code relates, references to a right for the statutory purposes to do the things listed in paragraph 2(1)(a) to (c) of the existing code;
in relation to land to which an agreement for the purposes of paragraph 3 of the existing code relates, a right to do the things mentioned in that paragraph.
Limitation of persons bound
A person bound by a code right by virtue only of paragraph 2(3) of the existing code continues to be bound by it so long as they would be bound if paragraph 2(3) of the existing code continued to have effect.
In relation to such a person, paragraph 4(4) to (12) of the existing code continue to have effect, but as if in paragraph 4(4)(b) the reference to paragraph 21 of the existing code were a reference to Part 6 of the new code.
Exclusion of assignment ... provisions
Paragraph 16 of the new code (assignment of code rights) does not apply in relation to a subsisting agreement.
Paragraph 16 of the new code does not apply in relation to a code right conferred under the new code if, at the time when it is conferred, the exercise of the right depends on a right that has effect under a subsisting agreement.
Upgrading and sharing provisions
Paragraph 17 of the new code (power for operator to upgrade or share apparatus) applies in relation to an operator who is a party to a subsisting agreement, but as if for sub-paragraphs (1) to (6) there were substituted—
Termination and modification of agreements
This paragraph applies in relation to a subsisting agreement, in place of paragraph 29(2) to (4) of the new code.
Part 5 of the new code (termination and modification of agreements) does not apply to a subsisting agreement that is a lease of land in England and Wales, if—
it is a lease to which Part 2 of the Landlord and Tenant Act 1954 applies, and
there is no agreement under section 38A of that Act (agreements to exclude provisions of Part 2) in relation the tenancy.
Part 5 of the new code does not apply to a subsisting agreement that is a lease of land in England and Wales, if—
the primary purpose of the lease is not to grant code rights (the rights referred to in paragraph 3 of this Schedule), and
there is an agreement under section 38A of the 1954 Act in relation the tenancy.
Part 5 of the new code does not apply to a subsisting agreement that is a lease of land in Northern Ireland, if it is a lease to which the Business Tenancies (Northern Ireland) Order 1996 (SI 1996/725 (NI 5)) applies.
Subject to paragraph 6, Part 5 of the new code applies to a subsisting agreement with the following modifications.
The “site provider” (see paragraph 30(1)(a) of the new code) does not include a person who was under the existing code bound by the agreement only by virtue of paragraph 2(2)(c) of that code.
Where the unexpired term of the subsisting agreement at the coming into force of the new code is less than 18 months, paragraph 31 applies (with necessary modification) as if for the period of 18 months referred to in sub-paragraph (3)(a) there were substituted a period equal to the unexpired term or 3 months, whichever is greater.
Paragraph 34 applies with the omission of sub-paragraph (13)(d).
Apparatus, works etc
Paragraphs 9 to 14 of the existing code (rights in relation to street works, flying lines, tidal waters, linear obstacles) continue to apply in relation to anything in the process of being done when the new code comes into force.
Apparatus lawfully installed under any of those provisions (before or after the time when the new code comes into force) is to be treated as installed under the corresponding provision of the new code if it could have been installed under that provision if the provision had been in force or applied to its installation.
The corresponding provisions are—
Part 7 (transport land rights), in relation to paragraph 12 of the existing code;
Part 8 (street work rights), in relation to paragraph 9 of the existing code;
Part 9 (tidal water rights), in relation to paragraph 11 of the existing code;
paragraph 74 (power to fly lines), in relation to paragraph 10 of the existing code.
Any agreement given in accordance with paragraph 26(3) of the existing code for the purposes of paragraph 11(2) of that code has effect for the purposes of paragraph 64 of the new code as if given in accordance with paragraph 104 of that code.
Any agreement that has effect under paragraph 15 of the existing code and that would be sufficient for the purpose of doing anything wholly inside a sewer if that paragraph continued in force is sufficient for that purpose under paragraph 102(2) of the new code.
Court applications for required rights etc
This paragraph applies where—
before the time when the new code comes into force, a notice has been given under paragraph 5(1) of the existing code, and
at that time no application has been made to the court in relation to the notice.
The notice has effect as if given under paragraph 20(2) of the new code.
This paragraph applies where before the time when the new code comes into force—
a notice has been given under paragraph 5(1) of the existing code, and
an application has been made to the court in relation to the notice.
Subject to sub-paragraph (3), the existing code continues to apply in relation to the application.
An order made under the existing code by virtue of sub-paragraph (2) has effect as an order under paragraph 20 of the new code.
Temporary code rights
The coming into force of the new code does not affect any application or order made under paragraph 6 of the existing code.
Compensation
The repeal of the existing code does not affect paragraph 16 of that code, or any other right to compensation, as it applies in relation to the exercise of a right before the new code comes into force.
Objections in relation to apparatus
The repeal of the existing code does not affect paragraphs 17 and 18 of that code as they apply in relation to anything whose installation was completed before the repeal comes into force.
Subject to the following provisions of this paragraph, the repeal of the existing code does not affect paragraph 20 of that code as it applies in relation to anything whose installation was completed before the repeal comes into force.
A right under paragraph 20 is not by virtue of sub-paragraph (1) exercisable in relation to any apparatus by a person who is a party to, or is bound by, an agreement under the new code in relation to the apparatus.
A subsisting agreement is not an agreement under the new code for the purposes of sub-paragraph (2).
Part 12 of the new code does not apply in relation to apparatus whose installation was completed before the new code came into force.
Tree lopping
This paragraph applies where—
before the time when the new code comes into force, a notice has been given under paragraph 19 of the existing code, and
at that time no application has been made to the court in relation to the notice.
The notice and any counter-notice under that paragraph have effect as if given under paragraph 82 of the new code.
This paragraph applies where before the time when the new code comes into force—
a notice has been given under paragraph 19 of the existing code, and
an application has been made to the court in relation to the notice.
The existing code continues to apply in relation to the application.
Right to require removal of apparatus
This paragraph applies where before the repeal of the existing code comes into force a person has given notice under paragraph 21(2) of that code requiring the removal of apparatus.
The repeal does not affect the operation of paragraph 21 in relation to anything done or that may be done under that paragraph following the giving of the notice.
For the purposes of applying that paragraph after the repeal comes into force, steps specified in a counter-notice under sub-paragraph (4)(b) of that paragraph as steps which the operator proposes to take under the existing code are to be read as including any corresponding steps that the operator could take under the new code or by virtue of this Schedule.
Undertaker's works
The repeal of the existing code does not affect the operation of paragraph 23 of that code in relation to works—
in relation to which a notice has been given under that paragraph before the time when that repeal comes into force, or
which have otherwise been commenced before that time.
Supplementary
Any agreement which, immediately before the repeal of the existing code, is a relevant agreement for the purposes of paragraph 29 of that code is to be treated in relation to times after the coming into force of that repeal as a relevant agreement for the purposes of paragraph 18 of the new code.
Part 15 of the new code applies in relation to notices under this Schedule as it applies in relation to notices under that code.
Paragraphs 24 to 27 of the existing code continue to have effect in relation to any provision of that code so far as the provision has effect by virtue of this Schedule.
A person entitled to compensation by virtue of this Schedule is not entitled to compensation in respect of the same matter under any provision of the new code.
Electronic communications code: consequential amendments
General provision
Interpretation
In this Part—“the commencement date” means the day on which Schedule 3A to the Communications Act 2003 comes into force;“enactment” includes—an enactment comprised in subordinate legislation within the meaning of the Interpretation Act 1978, an enactment comprised in, or in an instrument made under, a Measure or Act of the National Assembly for Wales, an enactment comprised in, or in an instrument made under, an Act of the Scottish Parliament, and an enactment comprised in, or in an instrument made under, Northern Ireland legislation;“the existing code” means Schedule 2 to the Telecommunications Act 1984;“the new code” means Schedule 3A to the Communications Act 2003.
References to the code or provisions of the code
In any enactment passed or made before the commencement date, unless the context requires otherwise—
a reference to the existing code is to be read as a reference to the new code;
a reference to a provision of the existing code listed in column 1 of the table is to be read as a reference to the provision of the new code in the corresponding entry in column 2.
This paragraph does not affect the amendments made by Part 2 of this Schedule or the power to make amendments by regulations under section 6.
This paragraph does not affect section 17(2) of the Interpretation Act 1978 (effect of repeal and re-enactment) in relation to any reference to a provision of the existing code not listed in the table.
References to a conduit system
In any enactment passed or made before the commencement date, unless the context requires otherwise—
a reference to a conduit system, where it is defined by reference to the existing code, is to be read as a reference to an infrastructure system as defined by paragraph 7(1) of the new code, and
a reference to provision of such a system is to be read in accordance with paragraph 7(2) of the new code (reference to provision includes establishing or maintaining).
Amendments of particular enactments
Landlord and Tenant Act 1954 (c. 56)
In section 43 of the Landlord and Tenant Act 1954 (tenancies to which provisions on security of tenure for business etc tenants do not apply) after subsection (3) insert—
Opencast Coal Act 1958 (c. 69)
Section 45 of the Opencast Coal Act 1958 (provisions as to telegraphic lines) is amended as follows.
In subsection (2) for “paragraph 23 of the electronic communications code” substitute “ Part 10 of Schedule 3A to the Communications Act 2003 (the electronic communications code) ”.
In section (4) for “Paragraph 1(2) of the electronic communications code” substitute “ Paragraph 103(2) of the electronic communications code ”.
Land Drainage (Scotland) Act 1958 (c. 24)
In section 17 of the Land Drainage Act (Scotland) Act 1958 (application of paragraph 23 of the code) for “Paragraph 23 of the electronic communications code” substitute “ Part 10 of Schedule 3A to the Communications Act 2003 (the electronic communications code) ”.
Pipe-lines Act 1962 (c. 58)
In section 40(2) of the Pipe-lines Act 1962 (avoidance of interference with lines) for “Paragraph 23 of the electronic communications code” substitute “ Part 10 of Schedule 3A to the Communications Act 2003 (the electronic communications code) ”.
Harbours Act 1964 (c. 40)
In section 53 of the Harbours Act 1964 (application of paragraph 23 of the code) for “Paragraph 23 of the electronic communications code” substitute “ Part 10 of Schedule 3A to the Communications Act 2003 (the electronic communications code) ”.
Fair Trading Act 1973 (c. 41)
In section 137(3)(f) of the Fair Trading Act 1973 (general interpretation: services covered) for “paragraph 29 of Schedule 2 to the Telecommunications Act 1984” substitute “ paragraph 17 of Schedule 3A to the Communications Act 2003 (the electronic communications code) ”.
Highways Act 1980 (c. 66)
The Highways Act 1980 is amended as follows.
In section 177(12) (restriction of construction over highways: application of paragraph 23 of code) for “paragraph 23 of the electronic communications code” substitute “ Part 10 of Schedule 3A to the Communications Act 2003 (the electronic communications code) ”.
Section 334 (savings relating to electronic communications apparatus) is amended as follows.
In subsection (8) for “Paragraph 23 of the electronic communications code” substitute “ Part 10 of Schedule 3A to the Communications Act 2003 (the electronic communications code) ”.
In subsection (9) for “the said paragraph 23” substitute “ Part 10 of the electronic communications code ”.
In subsection (11)—
for “Sub-paragraph (8) of paragraph 23” substitute “ Paragraph 68 ”;
for “that paragraph” substitute “ Part 10 of the code ”.
In subsection (12) for “1(2)” “substitute “ 103(2) ”.
In subsection (13) for “Paragraph 21 of the electronic communications code (restriction on removal of electronic communications apparatus)” substitute “ Part 6 of the electronic communications code (rights to require removal of electronic communications apparatus) ”.
Roads (Scotland) Act 1984 (c. 54)
The Roads (Scotland) Act 1984 is amended as follows.
Section 50 (planting of trees etc by roads authority) is amended as follows.
In subsection (3) for “Paragraph 23 of the electronic communications code” substitute “ Part 10 of Schedule 3A to the Communications Act 2003 (the electronic communications code) ”.
In subsection (4)—
for “sub-paragraph (8) of paragraph 23” substitute “ Paragraph 68 ”;
for “that paragraph” substitute “ Part 10 of the code ”.
Section 75 (bridges over and tunnels under navigable waterways) is amended as follows.
In subsection (9) for “Paragraph 23 of the electronic communications code” substitute “ Part 10 of Schedule 3A to the Communications Act 2003 (the electronic communications code) ”.
In subsection (10)—
for “sub-paragraph (8) of paragraph 23” substitute “ paragraph 68 ”;
for “that paragraph” substitute “ Part 10 of the code ”.
Section 132 (saving for operators of telecommunications code systems) is amended as follows.
In the heading for “telecommunications code systems” substitute “ electronic communications code networks ”.
In subsection (4) for “paragraph 1(2) of the electronic communications code” substitute “ paragraph 103(2) of Schedule 3A to the Communications Act 2003 (the electronic communications code) ”.
In subsection (5) for “Paragraph 21 of the electronic communications code (restriction on removal of electronic communications apparatus)” substitute “ Part 6 of the electronic communications code (rights to require removal of electronic communications apparatus) ”.
Housing Act 1985 (c. 68)
Section 298 of the Housing Act 1985 (telecommunications apparatus) is amended as follows.
For the heading substitute “ Electronic communications apparatus ”.
In subsection (2) for “paragraph 21 of the electronic communications code” substitute “ Part 6 of Schedule 3A to the Communications Act 2003 (the electronic communications code) ”.
In subsection (3) for “paragraph 23” substitute “ Part 10 ”.
Food and Environment Protection Act 1985 (c. 48)
The Food and Environment Protection Act 1985 is amended as follows.
In section 8A (electronic communications apparatus: operations in tidal waters etc) for the words from “paragraph 11” to “1984” substitute “ Part 9 of Schedule 3A of the Communications Act 2003 (the electronic communications code) ”.
In section 9(8) (defence to operating without licence under Part 2)—
for “paragraph 23 of the electronic communications code” substitute “ Part 10 of Schedule 3A of the Communications Act 2003 (the electronic communications code) ”;
omit the words from “In this subsection” to the end.
Airports Act 1986 (c. 31)
The Airports Act 1986 is amended as follows.
Section 62 (electronic communications apparatus) is amended as follows.
In subsection (1) for “Paragraph 23 of the electronic communications code” substitute “ Part 10 of Schedule 3A of the Communications Act 2003 (the electronic communications code) ”.
In subsection (4) for “Paragraph 23” substitute “ Part 10 ”.
In subsection (5)—
for “Sub-paragraph (8) of paragraph 23” substitute “ Paragraph 68 ”;
for “that paragraph” substitute “ Part 10 of the code ”.
In subsection (6) for “1(2)” substitute “ 103(2) ”.
In subsection (7) for “Paragraph 21 of the electronic communications code (restriction on removal of apparatus)” substitute “ Part 6 of the electronic communications code (rights to require removal of apparatus) ”.
Landlord and Tenant Act 1987 (c. 31)
In section 4(2) of the Landlord and Tenant Act 1987 (disposals which are not relevant disposals for purposes of tenants' right of first refusal) after paragraph (da) insert—.
Road Traffic (Driver Licensing and Information Systems) Act 1989 (c. 22)
In paragraph 4 of Schedule 4 to the Road Traffic (Driver Licensing and Information Systems) Act 1989 (application of paragraph 23 of code to licence holders) for “Paragraph 23 of Schedule 2 to the Telecommunications Act 1984” substitute “ Part 10 of Schedule 3A to the Communications Act 2003 (the electronic communications code) ”.
Electricity Act 1989 (c. 29)
In paragraph 1(6) of Schedule 16 to the Electricity Act 1989 (application of paragraph 23) for “Paragraph 23 of Schedule 2 to the Telecommunications Act 1984” substitute “ Part 10 of Schedule 3A to the Communications Act 2003 (the electronic communications code) ”.
Town and Country Planning Act 1990 (c. 8)
Section 256 of the Town and Country Planning Act 1990 (electronic communications apparatus: orders by the Secretary of State) is amended as follows.
In subsection (5) for “Paragraph 1(2) of the electronic communications code” substitute “ Paragraph 103(2) of Schedule 3A to the Communications Act 2003 (the electronic communications code) ”.
In subsection (6) for “Paragraph 21 of the electronic communications code (restriction on removal of electronic communications apparatus)” substitute “ Part 6 of the electronic communications code (rights to require removal of electronic communications apparatus) ”.
Water Industry Act 1991 (c. 56)
In paragraph 4 of Schedule 13 to the Water Industry Act 1991—
for “paragraph 23” substitute “ Part 10 ”;
for “Schedule 2 to the Telecommunications Act 1984” substitute “ Schedule 3A to the Communications Act 2003 ”;
in the heading, for “telecommunication systems” substitute “ electronic communications networks ”.
Water Resources Act 1991 (c. 57)
In Schedule 22 to the Water Resources Act 1991 (protection of particular undertakings)—
in paragraph 5 for “Paragraph 23 of Schedule 2 to the Telecommunications Act 1984” substitute “ Part 10 of Schedule 3A to the Communications Act 2003 (the electronic communications code) ”;
for the italic heading before paragraph 5 substitute “ Protection for electronic communications networks ”.
Electricity (Northern Ireland) Order 1992 (S.I. 1992/231)
In paragraph 3(2) of Schedule 4 to the Electricity (Northern Ireland) Order 1992 (application of paragraph 23) for “paragraph 23 of the electronic communications code” substitute “ Part 10 of Schedule 3A to the Communications Act 2003 (the electronic communications code) ”.
Cardiff Bay Barrage Act 1993 (c. 42)
In paragraph 16 of Schedule 2 to the Cardiff Bay Barrage Act 1993 (application of paragraph 23) for “Paragraph 23 of Schedule 2 to the Telecommunications Act 1984” substitute “ Part 10 of Schedule 3A to the Communications Act 2003 (the electronic communications code) ”.
Roads (Northern Ireland) Order 1993 (S.I. 1993/3160)
Schedule 9 to the Roads (Northern Ireland) Order 1993 (saving provisions) is amended as follows.
In paragraph 2(2) for “Paragraph 1(2) of the electronic communications code” substitute “ Paragraph 103(2) of Schedule 3A to the Communications Act 2003 (the electronic communications code) ”.
In paragraph 2(3) for “Paragraph 21 of the electronic communications code (restrictions on removal of apparatus)” substitute “ Part 6 of the electronic communications code (rights to require removal of apparatus) ”.
In paragraph 3 for “Paragraph 23” substitute “ Part 10 ”.
Airports (Northern Ireland) Order 1994 (S.I. 1994/426)
Article 12 of the Airports (Northern Ireland) Order 1994 (provisions as to electronic communications apparatus) is amended as follows.
In paragraph (1) for “Paragraph 23 of the electronic communications code” substitute “ Part 10 of Schedule 3A to the Communications Act 2003 (the electronic communications code) ”.
In paragraph (3A) for “Paragraph 23” substitute “ Part 10 ”.
In paragraph (4)—
for “Sub-paragraph (8) of paragraph 23” substitute “ Paragraph 68 ”;
for “that paragraph” substitute “ Part 10 of the code ”.
In paragraph (5) for “1(2)” substitute “ 103(2) ”.
In paragraph (6) for “Paragraph 21 of the electronic communications code (restriction on removal of apparatus)” substitute “ Part 6 of the electronic communications code (rights to require removal of apparatus) ”.
Omit paragraph (7).
Landlord and Tenant (Covenants) Act 1995 (c. 30)
In section 5 of the Landlord and Tenant (Covenants) Act 1995 (tenant released from covenants on assignment of tenancy), after subsection (4) insert—
Gas Act 1995 (c. 45)
Channel Tunnel Rail Link Act 1996 (c. 61)
Part 4 of Schedule 15 to the Channel Tunnel Rail Link Act 1996 (protection of telecommunications operators) is amended as follows.
For the heading substitute “ Protection of electronic communications code operators ”.
In paragraph 2(1) for “Paragraph 21 of the electronic communications code” substitute “ Part 6 of Schedule 3A to the Communications Act 2003 (the electronic communications code) ”.
In paragraph 2(2) for “Paragraph 23” substitute “ Part 10 ”.
In paragraph 3 for “paragraph 9” substitute “ Part 8 ”.
In paragraph 4(1) for “paragraph 23” substitute “ Part 10 ”.
Gas (Northern Ireland) Order 1996 (S.I. 1996/275)
Schedule 3 to the Gas (Northern Ireland) Order 1996 (other powers etc of licence holders) is amended as follows.
In paragraph 1(1) omit the following definitions—
“public telecommunications operator”;
“telecommunication apparatus” and “electronic communications network”;
“telecommunications code”.
In paragraph 3(2) for “paragraph 23 of the electronic communications code” substitute “ Part 10 of Schedule 3A to the Communications Act 2003 (the electronic communications code) ”.
Business Tenancies (Northern Ireland) Order 1996 (SI 1996/725 (NI 5))
In Article 4(1) of the Business Tenancies (Northern Ireland) Order 1996 (tenancies to which the Order does not apply) after paragraph (k) insert—
Town and Country Planning (Scotland) Act 1997 (c. 8)
Section 212 of the Town and Country Planning (Scotland) Act 1997 (electronic communications apparatus) is amended as follows.
In subsection (7) for “Paragraph 1(2) of the electronic communications code” substitute “ Paragraph 103(2) of Schedule 3A to the Communications Act 2003 (the electronic communications code) ”.
In subsection (8) for “Paragraph 21 of the electronic communications code (restriction on removal of electronic communications apparatus)” substitute “ Part 6 of the electronic communications code (rights to require removal of apparatus) ”.
Enterprise Act 2002 (c. 40)
The Enterprise Act 2002 is amended as follows.
In section 128(5) (mergers: references to supply of services) for the words from “(within” to the end substitute “(within the meaning of paragraph 17 of Schedule 3A to the Communications Act 2003 (the electronic communications code)) for sharing the use of electronic communications apparatus.
In section 234(5) (enforcement of consumer legislation: references to supply of services) for the words from “(within” to the end substitute “(within the meaning of paragraph 17 of Schedule 3A to the Communications Act 2003 (the electronic communications code)) for sharing the use of electronic communications apparatus.
Communications Act 2003 (c. 21)
The Communications Act 2003 is amended as follows.
Section 394 (service of notifications and other documents) is amended as follows.
In subsection (2) omit paragraph (d).
After subsection (10) insert—
Section 402 (power of Secretary of State to make orders and regulations) is amended as follows.
In subsection (2) after paragraph (a) insert—.
After subsection (2) insert—
After subsection (3) insert—
Schedule 3 is repealed.
Land Reform (Scotland) Act 2003 (asp 2)
Schedule 1 to the Land Reform (Scotland) Act 2003 (path orders) is amended as follows.
In paragraph 12 for “Paragraph 1(2) of the electronic communications code” substitute “ Paragraph 103(2) of Schedule 3A to the Communications Act 2003 (the electronic communications code) ”.
In paragraph 13 for “Paragraph 21 of that code (restriction on removal of apparatus)” substitute “ Part 6 of the electronic communications code (rights to require removal of apparatus) ”.
Housing and Regeneration Act 2008 (c. 17)
The Housing and Regeneration Act 2008 is amended as follows.
In section 2(3) (objects of the Homes and Communities Agency: interpretation) in paragraph (a) of the definition of “infrastructure” for “telecommunications” substitute “ electronic communications ”.
In section 57(1) (interpretation of Part 1) omit the definition of “conduit system” and insert in the appropriate place—.
In the table in section 58 (index of defined expressions in Part 1) omit the entry for “conduit system (and providing such a system)” and insert in the appropriate place—.
Crossrail Act 2008 (c. 18)
Part 4 of Schedule 17 to the Crossrail Act 2008 (protective provisions) is amended as follows.
In paragraph 1(2) for the definition of “electronic communications code” substitute—.
In paragraph 2(1) for “paragraph 23” substitute “ Part 10 ”.
In paragraph 2(2) for “Paragraphs 21 and 23” substitute “ Parts 6 and 10 ”.
In paragraph 3 for “paragraph 9” substitute “ Part 8 ”.
In paragraph 4(1) for “paragraph 23” substitute “ Part 10 ”.
Marine (Scotland) Act 2010 (asp 5)
The Marine (Scotland) Act 2010 is amended as follows.
In section 36(1) (electronic communications apparatus) for the words from “paragraph 11” to “apparatus)” substitute “Part 9 of Schedule 3A to the Communications Act 2003 (the electronic communications code) (works in connection with electronic communications apparatus).
Section 41 (defence to offences: electronic communications: emergency works) is amended as follows.
In subsection (1) for “paragraph 23 of the electronic communications code” substitute “ Part 10 of Schedule 3A to the Communications Act 2003 (the electronic communications code) ”.
Omit subsection (2).
Public service delivery: specified persons for the purposes of section 35
UK AND ENGLISH BODIES
The Secretary of State for the Home Department.
The Secretary of State for Defence.
The Lord Chancellor.
The Secretary of State for Justice.
The Secretary of State for Education.
The Secretary of State for Business and Trade, in relation to the Secretary of State’s relevant business functions.
The Secretary of State for Work and Pensions.
The Secretary of State for Housing, Communities and Local Government.
The Secretary of State for Culture, Media and Sport.
The Secretary of State for Energy Security and Net Zero.
The Secretary of State for Science, Innovation and Technology.
Her Majesty's Revenue and Customs.
A county council in England.
A district council in England.
A London borough council.
A combined authority established under section 103 of the Local Democracy, Economic Development and Construction Act 2009.
A combined county authority established under section 9(1) of the Levelling-up and Regeneration Act 2023.
The Common Council of the City of London in its capacity as a local authority.
The Council of the Isles of Scilly.
The Greater London Authority.
A metropolitan county fire and rescue authority.
The London Fire Commissioner.
A fire and rescue authority created by a scheme under section 4A of the Fire and Rescue Services Act 2004.
A chief officer of police for a police area in England and Wales.
The proprietor of a school within the meaning of the Education Act 1996.
The proprietor of an Academy within the meaning of that Act.
The responsible person in relation to an educational institution as defined by section 72(5) of the Education and Skills Act 2008 (other than a person within paragraph 23 or 24).
The Gas and Electricity Markets Authority.
The Chief Land Registrar.
The Minister for the Cabinet Office.
The Secretary of State for Transport.
The Secretary of State for Environment, Food and Rural Affairs.
The Disclosure and Barring Service.
A person providing services in connection with a specified objective (within the meaning of section 35) to a specified person who —
falls within this Part of this Schedule; and
is a public authority.
In this Part of this Schedule—“relevant business function” has the meaning given in article 11(3) of the 2023 Transfer of Functions Order;“the 2023 Transfer of Functions Order” means the Secretaries of State for Energy Security and Net Zero, for Science, Innovation and Technology, for Business and Trade, and for Culture, Media and Sport and the Transfer of Functions (National Security and Investment Act 2021 etc) Order 2023 (S.I. 2023/424).
WELSH BODIES
The Welsh Ministers.
The Counsel General to the Welsh Government.
The Welsh Revenue Authority.
A county council in Wales.
A county borough council in Wales.
A community council in Wales.
The Citizen Voice Body for Health and Social Care, Wales.
A Local Health Board established under section 11 of the National Health Service (Wales) Act 2006.
An NHS Trust established under section 18 of the National Health Service (Wales) Act 2006.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
A Special Health Authority established under section 22 of the National Health Service (Wales) Act 2006.
Career Choices Dewis Gyrfa Ltd (company number 07442837, operating as Careers Wales).
The governing body of an educational establishment maintained by a Welsh local authority (within the meaning of section 162 of the Education and Inspections Act 2006).
The governing body of an institution in Wales within the further education sector (within the meaning of section 91(3) of the Further and Higher Education Act 1992) whose activities are carried on, or principally carried on, in Wales.
The governing body of an institution in Wales within the higher education sector (within the meaning of section 91(5) of the Further and Higher Education Act 1992) whose activities are carried on, or principally carried on, in Wales.
The Natural Resources Body for Wales.
A registered social landlord being a body registered in the register maintained under section 1 of the Housing Act 1996.
A person providing services in connection with a specified objective (within the meaning of section 35) to a specified person who—
falls within this Part of this Schedule; and
is a public authority.
SCOTTISH BODIES
The Scottish Ministers.
A council constituted under section 2 of the Local Government etc.(Scotland) Act 1994.
The Skills Development Scotland Co. Limited (company registration number SC202659).
A person providing services in connection with a specified objective (within the meaning of section 35) to a specified person who—
falls within this Part of this Schedule; and
is a public authority.
UK AND ENGLISH BODIES
The Secretary of State for Energy Security and Net Zero.
The Secretary of State for Work and Pensions.
The Secretary of State for Housing, Communities and Local Government.
Her Majesty's Revenue and Customs.
A county council in England.
A district council in England.
A London borough council.
A combined authority established under section 103 of the Local Democracy, Economic Development and Construction Act 2009.
A combined county authority established under section 9(1) of the Levelling-up and Regeneration Act 2023.
The Common Council of the City of London in its capacity as a local authority.
The Council of the Isles of Scilly.
The Greater London Authority.
A metropolitan county fire and rescue authority.
The London Fire Commissioner.
A fire and rescue authority created by a scheme under section 4A of the Fire and Rescue Services Act 2004.
The Gas and Electricity Markets Authority.
The Chief Land Registrar.
A person providing services in connection with a fuel poverty measure (within the meaning of section 36) to a specified person who —
falls within this Part of this Schedule; and
is a public authority.
WELSH BODIES
The Welsh Ministers.
The Counsel General to the Welsh Government.
The Welsh Revenue Authority.
A county council in Wales.
A county borough council in Wales.
A community council in Wales.
The Natural Resources Body for Wales.
A registered social landlord being a body registered in the register maintained under section 1 of the Housing Act 1996.
The governing body of an educational establishment maintained by a Welsh local authority (within the meaning of section 162 of the Education and Inspections Act 2006).
The governing body of an institution in Wales within the further education sector (within the meaning of section 91(3) of the Further and Higher Education Act 1992) whose activities are carried on, or principally carried on, in Wales.
The governing body of an institution in Wales within the higher education sector (within the meaning of section 91(5) of the Further and Higher Education Act 1992) whose activities are carried on, or principally carried on, in Wales.
A person providing services in connection with a fuel poverty measure (within the meaning of section 36) to a specified person who—
falls within this Part of this Schedule; and
is a public authority.
UK AND ENGLISH BODIES
The Secretary of State for Work and Pensions.
The Secretary of State for Housing, Communities and Local Government.
Her Majesty's Revenue and Customs.
A county council in England.
A district council in England.
A London borough council.
A combined authority established under section 103 of the Local Democracy, Economic Development and Construction Act 2009.
A combined county authority established under section 9(1) of the Levelling-up and Regeneration Act 2023.
The Common Council of the City of London in its capacity as a local authority.
The Council of the Isles of Scilly.
The Greater London Authority.
The Chief Land Registrar.
A person providing services in connection with a water poverty measure (within the meaning of section 38) to a specified person who —
falls within this Part of this Schedule; and
is a public authority.
WELSH BODIES
The Welsh Ministers.
The Counsel General to the Welsh Government.
The Welsh Revenue Authority.
A county council in Wales.
A county borough council in Wales.
A community council in Wales.
A registered social landlord being a body registered in the register maintained under section 1 of the Housing Act 1996.
The Natural Resources Body for Wales.
The governing body of an educational establishment maintained by a Welsh local authority (within the meaning of section 162 of the Education and Inspections Act 2006).
The governing body of an institution in Wales within the further education sector (within the meaning of section 91(3) of the Further and Higher Education Act 1992) whose activities are carried on, or principally carried on, in Wales.
The governing body of an institution in Wales within the higher education sector (within the meaning of section 91(5) of the Further and Higher Education Act 1992) whose activities are carried on, or principally carried on, in Wales.
A person providing services in connection with a water poverty measure (within the meaning of section 38) to a specified person who—
falls within this Part of this Schedule; and
is a public authority.
Specified persons for the purposes of the debt provisions
UK AND ENGLISH BODIES
The Secretary of State for the Home Department.
The Lord Chancellor.
The Secretary of State for Justice.
The Secretary of State for Education.
The Secretary of State for Business and Trade, in relation to the Secretary of State’s relevant business functions.
The Secretary of State for Energy Security and Net Zero.
The Secretary of State for Science, Innovation and Technology, in relation to the Secretary of State’s relevant SIT functions.
The Secretary of State for Work and Pensions.
The Secretary of State for Transport.
Her Majesty's Revenue and Customs.
The Minister for the Cabinet Office.
A county council in England.
A district council in England.
A London borough council.
The Common Council of the City of London in its capacity as a local authority.
The Council of the Isles of Scilly.
The Greater London Authority.
The Student Loans Company.
A person providing services to a specified person who —in respect of the taking of action in connection with debt owed to a public authority or to the Crown.
falls within this Part of this Schedule; and
is a public authority,
In this Part of this Schedule—“relevant business function” has the meaning given in article 11(3) of the 2023 Transfer of Functions Order;“relevant SIT function” has the meaning given in article 9(4) of the 2023 Transfer of Functions Order;“the 2023 Transfer of Functions Order” means the Secretaries of State for Energy Security and Net Zero, for Science, Innovation and Technology, for Business and Trade, and for Culture, Media and Sport and the Transfer of Functions (National Security and Investment Act 2021 etc) Order 2023 (S.I. 2023/424).
WELSH BODIES
The Welsh Ministers.
The Counsel General to the Welsh Government.
The Welsh Revenue Authority.
A county council in Wales.
A county borough council in Wales.
A community council in Wales.
A person providing services to a specified person who—in respect of the taking of action in connection with debt owed to a public authority or to the Crown.
falls within this Part of this Schedule; and
is a public authority,
SCOTTISH BODIES
The Scottish Ministers.
A council constituted under section 2 of the Local Government etc. (Scotland) Act 1994.
The Scottish Environment Protection Agency.
The Accountant in Bankruptcy.
The Scottish Legal Aid Board.
The Common Services Agency for the Scottish Health Service.
The Scottish Courts and Tribunals Service.
Highlands and Islands Enterprise.
Scottish Enterprise.
South of Scotland Enterprise.
ILF Scotland (company registration number SC500075).
The Scottish Legal Complaints Commission.
The Scottish Qualifications Authority.
Revenue Scotland.
A person providing services to a specified person who—in respect of the taking of action in connection with debt owed to a public authority or to the Crown.
falls within this Part of this Schedule; and
is a public authority,
Specified persons for the purposes of the fraud provisions
UK AND ENGLISH BODIES
The Secretary of State for the Home Department.
The Secretary of State for Defence.
The Lord Chancellor.
The Secretary of State for Justice.
The Secretary of State for Education.
The Secretary of State for Business and Trade, in relation to the Secretary of State’s relevant business functions.
The Secretary of State for Work and Pensions.
The Secretary of State for Transport.
The Secretary of State for Housing, Communities and Local Government.
The Secretary of State for the Environment, Food and Rural Affairs.
The Secretary of State for International Development.
The Secretary of State for Culture, Media and Sport.
The Secretary of State for Energy Security and Net Zero.
The Secretary of State for Science, Innovation and Technology.
The Minister for the Cabinet Office.
Her Majesty's Revenue and Customs.
The Export Credits Guarantee Department.
A county council in England.
A district council in England.
A London borough council.
The Common Council of the City of London in its capacity as a local authority.
The Council of the Isles of Scilly.
The Greater London Authority.
The Chief Land Registrar.
The Big Lottery Fund.
The Nuclear Decommissioning Authority.
The Environment Agency.
The Homes and Communities Agency.
The Office for Students.
The Historic Buildings and Monuments Commission for England.
The Student Loans Company.
The British Council.
The Arts Council of England.
The English Sports Council.
United Kingdom Research and Innovation.
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A person providing services to a specified person who—in respect of the taking of action in connection with fraud against a public authority.
falls within this Part of this Schedule; and
is a public authority,
In this Part of this Schedule—“relevant business function” has the meaning given in article 11(3) of the 2023 Transfer of Functions Order;“the 2023 Transfer of Functions Order” means the Secretaries of State for Energy Security and Net Zero, for Science, Innovation and Technology, for Business and Trade, and for Culture, Media and Sport and the Transfer of Functions (National Security and Investment Act 2021 etc) Order 2023 (S.I. 2023/424).
WELSH BODIES
The Welsh Ministers.
The Counsel General to the Welsh Government.
The Welsh Revenue Authority.
A county council in Wales.
A county borough council in Wales.
A community council in Wales.
The Commission for Tertiary Education and Research
The Natural Resources Body for Wales.
Arts Council of Wales.
The Sports Council for Wales.
The Royal Commission on Ancient and Historical Monuments in Wales.
The National Library of Wales.
A registered social landlord being a body registered in the register maintained under section 1 of the Housing Act 1996.
A person providing services to a specified person who—in respect of the taking of action in connection with fraud against a public authority.
falls within this Part of this Schedule; and
is a public authority,
SCOTTISH BODIES
The Scottish Ministers.
A council constituted under section 2 of the Local Government etc. (Scotland) Act 1994.
The Scottish Environment Protection Agency.
The Accountant in Bankruptcy.
The Scottish Legal Aid Board.
The Common Services Agency for the Scottish Health Service.
Highlands and Islands Enterprise.
Scottish Enterprise.
South of Scotland Enterprise.
ILF Scotland (company registration number SC500075).
The Scottish Legal Complaints Commission.
The Scottish Qualifications Authority.
Revenue Scotland.
Audit Scotland.
Food Standards Scotland.
Creative Scotland.
The Skills Development Scotland Co. Limited (company registration number SC202659).
A person providing services to a specified person who—in respect of the taking of action in connection with fraud against a public authority.
falls within this Part of this Schedule; and
is a public authority,
Bank of England oversight of payment systems
Extension of Bank of England oversight of payment systems
The Banking Act 2009 is amended as follows.
In the heading to Part 5 (inter-bank payment systems) omit “Inter-bank”.
In section 181 (overview) for “payments between financial institutions” substitute “ transferring money ”.
Section 182 (interpretation: “inter-bank payment system”) is amended as follows.
In subsection (1)—
omit “inter-bank”;
omit the words from “between financial institutions” to the end.
After subsection (1) insert—
Omit subsections (2) and (3).
In subsection (5) for “an inter-bank” substitute “ a ”.
In the heading omit “inter-bank”.
In section 183 (interpretation: other expressions), in paragraph (a) for “an inter-bank” substitute “ a ”.
Section 184 (recognition order) is amended as follows.
In subsection (1) for “an inter-bank” substitute “ a ”.
In subsection (2) omit “inter-bank”.
In subsection (3) for “an inter-bank” substitute “ a payment ”.
In section 185 (recognition criteria), in subsection (1) for “an inter-bank” substitute “ a ”.
In section 186A (amendment of recognition order), in subsections (2)(b) and (4), omit “inter-bank”.
In section 187 (de-recognition), in subsections (2), (3)(b) and (5), omit “inter-bank”.
In section 188 (principles), in subsection (1) omit “inter-bank”.
In section 189 (codes of practice) omit “inter-bank”.
In section 190 (system rules), in subsection (1) omit “inter-bank”.
In section 191 (directions), in subsection (1) omit “inter-bank”.
In section 192 (role of FCA and PRA), in subsections (2)(a) and (b) and (3), omit “inter-bank”.
In section 193 (inspection), in subsections (1) and (2), omit “inter-bank”.
In section 194 (inspection: warrant), in subsection (1)(a) omit “inter-bank”.
In section 195 (independent report), in subsection (1) omit “inter-bank”.
In section 196 (compliance failure) omit “inter-bank”.
In section 197 (publication), in subsection (1) omit “inter-bank”.
In section 198 (penalty), in subsection (1) omit “inter-bank”.
In section 199 (closure), in subsection (2) omit “inter-bank”.
In section 200 (management disqualification), in subsections (1) and (2), omit “inter-bank”.
In section 201 (warning), in subsection (1) for “an inter-bank” substitute “ a ”.
In section 202A (injunctions), in subsections (2)(a) and (3)(a), omit “inter-bank”.
In section 203 (fees), in subsection (1) omit “inter-bank”.
In section 204 (information), in subsections (1A), (2) and (4)(c), omit “inter-bank”.
In section 205 (pretending to be recognised), in subsection (1) omit “inter-bank”.
In section 206A (services forming part of recognised inter-bank payment system), in subsections (1), (2) and (7)(a) and in the heading, omit “inter-bank”.
In section 259 (statutory instruments), in the Table in subsection (3)—
in the heading for the entries in Part 5, omit “Inter-bank”;
in the entry for section 206A, in the second column omit “inter-bank”.
In section 261 (index of defined terms), in the Table—
omit the entry for “Inter-bank payment system”;
at the appropriate place insert—.
Consequential amendments
Financial Services Act 2012
The Financial Services Act 2012 is amended as follows.
Section 68 (cases in which Treasury may arrange independent enquiries) is amended as follows.
In subsection (3), in paragraphs (a) and (b)(ii), omit “inter-bank”.
In subsection (5), in the definition of “recognised inter-bank payment system”—
omit the first “inter-bank”;
for “an inter-bank” substitute “ a ”.
In section 85 (relevant functions in relation to complaints scheme), in subsection (3)(a) omit “inter-bank”.
In section 110 (payment to Treasury of penalties received by Bank of England), in subsection (5)(d) omit “inter-bank”.
Financial Services (Banking Reform) Act 2013
The Financial Services (Banking Reform) Act 2013 is amended as follows.
In section 45 (procedure), in subsection (1)(a) omit “inter-bank”.
In section 46 (amendment of designation order), in subsection (2)(a) omit “inter-bank”.
In section 47 (revocation of designation orders), in subsection (3)(a) omit “inter-bank”.
In section 98 (duty of regulators to ensure co-ordinated exercise of functions), in subsection (5)(b) omit “inter-bank”.
In section 110 (interpretation), in subsection (1), in the definition of “recognised inter-bank payment system”—
omit the first “inter-bank”;
for “an inter-bank” substitute “ a ”.
In section 112 (interpretation: infrastructure companies), in subsections (2)(a), (4)(b) and (5), omit “inter-bank”.
In section 113 (interpretation: other expressions), in subsection (1)—
in the definition of “operator” omit “inter-bank”;
in the definition of “recognised inter-bank payment system”—
omit the first “inter-bank”;
for “an inter-bank” substitute “ a ”;
in the definition of “the relevant system”, in paragraphs (a) and (c), omit “inter-bank”.
In section 115 (objective of FMI administration), in subsection (1) omit “inter-bank”.
In section 120 (power to direct FMI administrator), in subsection (8) omit “inter-bank”.
In section 127 (interpretation of Part 6), in subsection (1), in the definition of “operator” and in the definition of “recognised inter-bank payment system”, omit “inter-bank”.