Schedules
Schedule 7Permitted disclosures of material obtained by OGA
I11Disclosure by OGA to specified persons
1
Section 113 does not prohibit a disclosure of protected material by the OGA which—
a
is made to a person mentioned in column 1 of the table below,
b
is made for the purpose of facilitating the carrying out of that person’s functions, and
c
is a disclosure of protected material obtained by the OGA under a provision mentioned in the corresponding entry of column 2 of the table.
Column 1 | Column 2 |
---|---|
A Minister of the Crown | Section 112 or 124 |
His Majesty’s Revenue and Customs | Section 112 or 124 |
The Competition and Markets Authority | Section 112 or 124 |
The Scottish Ministers | |
The Welsh Ministers | |
A Northern Ireland Department | |
The Office for Budget Responsibility | |
An enforcing authority | Section 112 or 124 |
The Statistics Board | Section 112 or 124 |
The GEMA | Section 112 or 124 |
The Crown Estate | |
A manager of the Crown Estate in Scotland |
2
In the table—
“enforcing authority” has the same meaning as in Part 1 of the Health and Safety at Work etc Act 1974 (see section 18(7)(a) of that Act);
“manager of the Crown Estate in Scotland” means a person who for the time being is discharging functions in relation to the management of any property, rights or interests to which section 90B(5) of the Scotland Act 1998 applies;
“Minister of the Crown” has the same meaning as in the Ministers of the Crown Act 1975.
3
Section 113 does not prohibit a disclosure of protected material by the OGA which—
a
is a disclosure of protected material obtained by it under section 112,
b
is made to the Natural Environment Research Council, or any other similar body carrying on geological activities, and
c
is made for the purpose of enabling the body to prepare and publish reports and surveys of a general nature using information derived from the protected material.
4
A person to whom protected material is disclosed by virtue of sub-paragraph (1) or (3) may use the protected material only for the purpose mentioned in sub-paragraph (1)(b) or (3)(c) (as the case may be).
5
Section 113 does not prohibit a person mentioned in sub-paragraph (4) from disclosing the protected material so far as necessary for the purpose mentioned in that sub-paragraph.
6
The Secretary of State may by regulations amend the table in sub-paragraph (1)—
a
to remove a person from column 1,
b
to add to column 1 a person to whom sub-paragraph (7) applies, or
c
to add, remove or change entries in column 2.
7
This sub-paragraph applies to—
a
persons holding office under the Crown;
b
persons in the service or employment of the Crown;
c
persons acting on behalf of the Crown;
d
government departments;
e
publicly owned companies as defined in section 6 of the Freedom of Information Act 2000.
8
Regulations under sub-paragraph (6) are subject to the affirmative procedure.