OpenLegislation

Regulation 30 Part 6: supplementaryX1

United Kingdom

(1)

A disclosure of information under regulation 29 (disclosure of information) does not breach any restriction on such disclosure imposed by statute or otherwise.

(2)

But nothing in that regulation authorises a disclosure that—

(a)

contravenes the data protection legislation, or

(b)

is prohibited by any of Parts 1 to 7 or Chapter 1 of Part 9 of the Investigatory Powers Act 2016f1.

(3)

Nothing in this Part is to be read as requiring a person who has acted or is acting as counsel or solicitor for any person to disclose any privileged information in their possession in that capacity.

(4)

Regulation 29 does not limit the circumstances in which information may be disclosed apart from that regulation.

(5)

Nothing in this Part limits any conditions which may be contained in a Treasury licence.

(6)

In this regulation—

  • “the data protection legislation” has the same meaning as in the Data Protection Act 2018 (see section 3 of that Act)f2;

  • “privileged information” means information with respect to which a claim to legal professional privilege (in Scotland, to confidentiality of communications) could be maintained in legal proceedings.

Annotations

Editorial notes

X1

This statutory instrument was made under a procedure whereby it ceases to have effect at the end of the period of 28 days beginning with the day on which it was made unless, during that period, the instrument is approved by a resolution of each House of Parliament. It was not approved by Parliament within that period and so has ceased to have effect.

Footnotes

f1

2016 c.25. Amendments have been made by the Policing and Crime Act 2017, Schedule 9, paragraph 74; the Data Protection Act 2018 (c.12), Schedule 19, paragraphs 198-203; the Counter-Terrorism and Border Security Act 2019 (c. 3), Schedule 4, paragraph 33; the Sanctions and Anti-Money Laundering Act 2018, section 59(4), Schedule 3, paragraph 7; the Crime (Overseas Production Orders) Act 2019 (c. 5), section 16; S.I. 2018/378; S.I. 2018/652; S.I. 2018/905; S.I. 2018/1123; S.I. 2019/419; S.I. 2019/742; S.I. 2019/939; and S.I. 2020/661. Saving provisions are made by S.I. 2017/859.

f2

2018 c.12. There are amendments to this Act that are not relevant to these Regulations.