Paragraph 7 I1

England and Wales

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

Sch. 4 para. 8(3) words substituted by Crime and Policing Act 2026 s. 6(5)(c)(ii)
Sch. 4 para. 4 words substituted by Crime and Policing Act 2026 s. 6(5)(b)
Sch. 4 para. 8(3) words inserted by Crime and Policing Act 2026 s. 6(5)(c)(i)
Sch. 4 para. 1(1) words inserted by Crime and Policing Act 2026 s. 6(5)(a)(i)
Sch. 4 para. 1(2) omitted by Crime and Policing Act 2026 s. 6(5)(a)(ii)
Sch. 4 para. 8(3)(b) words omitted by Crime and Policing Act 2026 s. 6(5)(c)(iii)
Sch. 4 para. 10 11 inserted by Crime and Policing Act 2026 s. 6(5)(d)

(1)

The relevant bodies in a local government area may request any person to disclose information for a purpose connected with the carrying out of an ASB case review.

(2)

If such a request is made to a person that exercises public functions, and that person possesses the requested information in connection with the exercise of such functions, the person must (subject to sub-paragraph (4)) comply with the request.

(3)

If such a request is made to a person who is not required by sub-paragraph (2) to disclose the requested information, the person may (subject to sub-paragraph (4)) comply with the request.

(4)

This paragraph does not require or authorise—

(a)

a disclosure, in contravention of any provisions of F1the data protection legislation, of personal data which F2is not exempt from those provisions, or

(b)

a disclosure which is prohibited by F3 any of Parts 1 to 7 or Chapter 1 of Part 9 of the Investigatory Powers Act 2016.

(5)

Subject to that, a disclosure under this paragraph 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).

F4(6)

In this paragraph, “the data protection legislation” has the same meaning as in the Data Protection Act 2018 (see section 3 of that Act).

Annotations

Textual amendments

F1: Words in Sch. 4 para. 7(4) substituted (25.5.2018) by Data Protection Act 2018 (c. 12), s. 212(1), Sch. 19 para. 185(2)(a) (with ss. 117, 209, 210); S.I. 2018/625, reg. 2(1)(g)
F2: Word in Sch. 4 para. 7(4) substituted (25.5.2018) by Data Protection Act 2018 (c. 12), s. 212(1), Sch. 19 para. 185(2)(b) (with ss. 117, 209, 210); S.I. 2018/625, reg. 2(1)(g)
F3: Words in Sch. 4 para. 7(4)(b) substituted (27.6.2018) by Investigatory Powers Act 2016 (c. 25), s. 272(1), Sch. 10 para. 32 (with Sch. 9 paras. 7, 8, 10); S.I. 2018/652, reg. 12(g)(iii)
F4: Sch. 4 para. 7(6) inserted (25.5.2018) by Data Protection Act 2018 (c. 12), s. 212(1), Sch. 19 para. 185(3) (with ss. 117, 209, 210); S.I. 2018/625, reg. 2(1)(g)

Commencement

I1: Sch. 4 para. 7 in force at 20.10.2014 by S.I. 2014/2590, art. 3(f)