Section 238 Information

(1)

Information is specified information if it comes to a public authority in connection with the exercise of any function it has under or by virtue of—

(a)

Part 1, 3, 4, 6 F1or 7;

(b)

an enactment specified in Schedule 14;

(c)

such subordinate legislation as the Secretary of State may by order specify for the purposes of this subsection.

(2)

It is immaterial whether information comes to a public authority before or after the passing of this Act.

(3)

Public authority (except in the expression “overseas public authority”) must be construed in accordance with section 6 of the Human Rights Act 1998 (c. 42).

(4)

In subsection (1) the reference to an enactment includes a reference to an enactment contained in—

(a)

an Act of the Scottish Parliament;

(b)

Northern Ireland legislation;

(c)

subordinate legislation.

(5)

The Secretary of State may by order amend Schedule 14.

(6)

The power to make an order under subsection (5) includes power to add, vary or remove a reference to any provision of—

(a)

an Act of the Scottish Parliament;

(b)

Northern Ireland legislation.

(7)

An order under this section must be made by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament.

(8)

This section applies for the purposes of this Part.

Annotations

Textual amendments

F1: Words in s. 238(1)(a) substituted (6.4.2025) by Digital Markets, Competition and Consumers Act 2024 (c. 13), s. 339(1), Sch. 18 para. 5 (with Sch. 19); S.I. 2025/272, reg. 2(1)(9)