# Enterprise Act 2002, 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 or 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.

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Source: https://www.legislation.gov.uk/ukpga/2002/40/section/238 (the official version)
Page: https://openlegislation.uk/enterprise-act-2002/section-238
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.