Section 38D Disclosure and use of information in connection with benefit schemeF1
United Kingdom
In section 38A(4)(j), “information provision” means provision within subsection (2) or (3).
Provision is within this subsection if it is provision for the disclosure of information or evidence for the purposes of—
identifying persons entitled to benefits under the scheme,
identifying qualifying premises or qualifying works,
checking whether requirements under, or resulting from, the regulations are being or have been complied with,
checking payments made under the scheme,
facilitating the performance of functions conferred, or the enforcement of duties imposed, by or as a result of the regulations, or
evaluating the performance of the scheme.
Provision is within this subsection if it is provision about the use or further disclosure of information disclosed—
further to provision within subsection (2), or
otherwise in connection with the scheme.
The provision that may be made by virtue of subsection (3) includes provision making it an offence to use or disclose information in an unauthorised manner; but such an offence may not be made punishable by imprisonment.
Regulations under section 38A that authorise the use or disclosure of information are not to be taken to authorise disclosure or use that would be liable to harm the commercial interests of any person, except to the extent that—
the regulations otherwise provide, or
the person disclosing or using the information reasonably considers such disclosure or use necessary in view of the purpose of the regulations.
Regulations under section 38A do not require or authorise the disclosure or use of information that—
contravenes the data protection legislation (but this section and the regulations are to be taken into account in determining whether the disclosure or use would contravene that legislation), or
is prohibited by any of Parts 1 to 7 and Chapter 1 of Part 9 of the Investigatory Powers Act 2016.
In subsection (6), “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
Ss. 38A-38D and cross-heading inserted (18.12.2025) by Planning and Infrastructure Act 2025 (c. 34), ss. 27(2), 118(1)(n) (with s. 116)
Notes on Part I
Modifications
- C1
Pt. I modified (5.10.2004) by Energy Act 2004 (c. 20), ss. 184(12), 185(13), 198(2); S.I. 2004/2575, art. 2(1), Sch. 1
- C2
Pt. I modified (S.) (30.11.2005) by The Electricity from Non-Fossil Fuel Sources (Scotland) Saving Arrangements Order 2005 (S.S.I. 2005/549), arts. 1(1), 9
- C3
Pt. 1 excluded (30.12.2015) by The Port Talbot Steelworks Generating Station Order 2015 (S.I. 2015/1984), arts. 1, 7(2) (with art. 26)
- C4
Pt. I (ss. 1-64) applied (1.10.2001) by S.I. 2001/3264, regs. 4(2), 5(2)
- C5
Pt. I (ss. 1-64) amended (E.W.) (27.10.2000) by S.I. 2000/2727, art. 10
Pt. I (ss. 1-64) amended (7.11.2000) by 2000 c. 27, s. 105(1)(a); S.I. 2000/2974, art. 2, Sch. (subject to transitional provisions in arts. 3-12)
Pt. I (ss. 1-64) amended (E.W.) (1.10.2001) by S.I. 2000/2727, art. 10 (as substituted (1.10.2001) by S.I. 2001/3268, art. 2(13))