OpenLegislation

The Communications Act 2003 (Disclosure of Information) Order 2014

Draft. This instrument was laid in draft and may differ from the one made. Look for the made version under its title.

Draft 2014, ISBN 9780111112953

Original text. legislation.gov.uk does not revise statutory instruments, so later amendments are not shown here. Changes made to it are listed under each provision when known.

Draft Order laid before Parliament under section 393(11) of the Communications Act 2003, for approval by resolution of each House of Parliament.

Electronic Communications

Made ***

Coming into force in accordance with article 1

The Secretary of State makes the following Order in exercise of the powers conferred by section 393(3)(i) and (4)(c) of the Communications Act 2003f1.

In accordance with section 393(11) of that Act, a draft of this Order was laid before Parliament and approved by a resolution of each House of Parliament.

Annotations to the whole text

Footnotes

f1

2003 c.21. Section 393 has been amended, but those amendments are not relevant to this Order.

Contents

  1. 1Citation, commencement and interpretation
  2. 2Specification as a relevant person
  3. 3Specification of relevant functions
  4. Signature
  5. Explanatory note

1Citation, commencement and interpretation

(1)

This Order may be cited as the Communications Act 2003 (Disclosure of Information) Order 2014.

(2)

This Order comes into force on the day after the day on which it is made.

(3)

In this Order “the Act” means the Communications Act 2003.

2Specification as a relevant person

Each of the following is specified as a relevant person for the purposes of section 393(3) of the Act (general restrictions on disclosure of information)—

(a)

the Information Commissioner;

(b)

the Financial Conduct Authority; and

(c)

the Payment Systems Regulator.

3Specification of relevant functions

The following are specified as relevant functions for the purposes of section 393(4) of the Act—

(a)

any functions conferred by or under the Data Protection Act 1998f1;

(b)

any functions conferred by the Privacy and Electronic Communications (EC Directive) Regulations 2003f2;

(c)

any functions conferred by or under the Financial Services and Markets Act 2000f3;

(d)

any functions conferred by or under the Financial Services (Banking Reform) Act 2013f4;

(e)

any functions conferred by the Payment Services Regulations 2009f5;

(f)

any functions conferred by or under the Company Directors Disqualification Act 1986f6.

Signature

Name

Parliamentary Under Secretary of State

Department for Culture, Media and Sport

Date

Explanatory note

(This note is not part of the Order)

This Order extends the circumstances in which information with respect to a particular business obtained by the Office of Communications in exercise of its functions under the Communications Act 2003(“the 2003 Act”) and the Wireless Telegraphy Act 2006 may be disclosed to another public body. Section 393(2)(b) of the 2003 Act provides that restrictions on disclosing such information imposed by section 393(1) do not apply to any disclosure of information which is made for the purposes of facilitating the carrying out by any relevant person of any relevant function.

Article 2 specifies the Information Commissioner, the Financial Conduct Authority and the Payment Systems Regulator as relevant persons for the purposes of section 393.

Article 3 specifies as relevant functions the functions under the Data Protection Act 1986, the Privacy and Electronic Communications (EC Directive) Regulations 2003, the Financial Services and Markets Act 2000, the Financial Services (Banking Reform) Act 2013, the Payment Services Regulations 2009 and the Companies Directors Disqualification Act 1986.