PART 2Prevention, investigation and prosecution of crime

CHAPTER 1Functions relating to serious violence

Functions relating to serious violence

I2I110Power to authorise collaboration etc. with other persons

1

The Secretary of State may by regulations—

a

confer powers on a specified authority to collaborate with a prescribed person to prevent and reduce serious violence in a prescribed area;

b

confer powers on a prescribed person to collaborate with a specified authority to prevent and reduce serious violence in a prescribed area.

2

The Secretary of State may by regulations authorise the disclosure of information—

a

by a prescribed person to any person listed in subsection (3) for the purposes of preventing and reducing serious violence in a prescribed area;

b

by any person listed in subsection (3) to a prescribed person for such purposes.

3

Those persons are—

a

a specified authority;

b

a local policing body;

c

an educational authority;

d

a prison authority;

e

a youth custody authority.

4

Regulations under subsection (2) may provide that a disclosure under the regulations does not breach—

a

any obligation of confidence owed by the person making the disclosure, or

b

any other restriction on the disclosure of information (however imposed).

5

But if regulations under subsection (2) contain provision under subsection (4)(b), they must provide that they do not authorise a disclosure of information that—

a

would contravene the data protection legislation (but in determining whether a disclosure would do so, any power conferred by the regulations is to be taken into account), or

b

is prohibited by any of Parts 1 to 7 or Chapter 1 of Part 9 of the Investigatory Powers Act 2016.

6

Regulations under subsection (2) must not authorise—

a

the disclosure of patient information, or

b

the disclosure of personal information by a specified authority which is a health or social care authority.

7

This section does not affect any power to collaborate or to disclose information apart from regulations under this section.

8

In this section, “prescribed” means prescribed, or of a description prescribed, in regulations under this section.

9

Regulations under this section may, in particular, prescribe persons by reference to the fact that they have been invited under section 8(6) or 9(6) to participate in the preparation of a strategy under section 8 or 9.

10

In this Chapter—

  • “the data protection legislation” has the same meaning as in the Data Protection Act 2018 (see section 3 of that Act);

  • “health or social care authority” means a specified authority which is listed in the first column of the table headed “Health and social care” in Schedule 1;

  • “patient information” means personal information (however recorded) which relates to—

    1. a

      the physical or mental health or condition of an individual,

    2. b

      the diagnosis of an individual’s condition, or

    3. c

      an individual’s care or treatment,

    or is (to any extent) derived directly or indirectly from information relating to any of those matters;

  • “personal information” means information which is in a form that identifies any individual or enables any individual to be identified (either by itself or in combination with other information).