Statistics and Registration Service Act 2007

48 Power to authorise disclosure to the Board: Scotland

(1) Subject to this section, the Scottish Ministers may make regulations for the purpose of authorising a Scottish public authority, so far as exercising functions which relate to matters which are not reserved matters, to disclose information to the Board where—

(a) the disclosure would otherwise be prohibited by a rule of law, an Act passed before this Act or an Act of the Scottish Parliament passed before this Act, or

(b) the authority would not otherwise have power to make the disclosure.

(2) Regulations under subsection (1) may only authorise disclosure to enable the Board to carry out one or more of its functions, other than its function under section 22 (statistical services).

(3) The Board may only use information received under regulations under subsection (1) for the purposes for which disclosure is authorised under subsection (2).

(4) In the application of section 39 to personal information which has been disclosed to the Board under regulations under subsection (1), paragraphs (c) and (i) of subsection (4) of that section do not apply (subject to any provision made under subsection (6)(b) below).

(5) Regulations under subsection (1) may—

(a) amend or modify any enactment;

(b) contain consequential and supplementary provision.

(6) The consequential and supplementary provision referred to in subsection (5)(b) includes in particular provision—

(a) prohibiting or restricting further disclosure by the Board of information disclosed under the regulations;

(b) authorising further disclosure by the Board of such information in circumstances where the disclosure would otherwise be prohibited by a rule of law, this Act or an Act passed before this Act.

(7) The Scottish Ministers may only make regulations under subsection (1) with the consent of the Minister for the Cabinet Office.

(8) The Scottish Ministers may only make regulations under subsection (1) authorising any disclosure if they and the Minister for the Cabinet Office are satisfied that—

(a) the disclosure is required by the Board to enable it to carry out the function or functions in relation to which the disclosure is authorised, and

(b) the disclosure is in the public interest.