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)

Notes on Part 9

Modifications

C1

Pt. 9 modified (1.10.2008) by Consumers, Estate Agents and Redress Act 2007 (c. 17), s. 29(3)-(7), 66(2) (with s. 6(9)); S.I. 2008/2550, art. 2, Sch.

C2

Pt. 9 restricted (2.3.2009) by The Payment Services Regulations 2009 (S.I. 2009/209), regs. 1(2)(a), 119(3) (with reg. 3)

C3

Pt. 9 applied (1.5.2009 for specified purposes, 1.11.2009 in so far as not already in force) by The Payment Services Regulations 2009 (S.I. 2009/209), reg. 1(2)(b)(c), 107 (with reg. 3)

C4

Pt. 9 modified (13.8.2017) by The Payment Services Regulations 2017 (S.I. 2017/752), regs. 1(2)(a), 147(3) (with reg. 3)

C5

Pt. 9 applied (N.I.) (1.4.2003) by The Energy (Northern Ireland) Order 2003 (S.I. 2003/419) (N.I. 6), art. 63; S.R. 2003/203, art. 2, Sch.

Pt. 9 applied (20.6.2003) by S.I. 1990/1715, reg. 5 (as inserted by The Enterprise Act 2002 (Consequential and Supplemental Provisions) Order 2003 (S.I. 2003/1398), art. 2, Sch. para. 17(5))

C6

Pt. 9 (ss. 237-247) modified (prosp.) by Consumers, Estate Agents and Redress Act 2007 (c. 17), ss. 29(3)-(7), 66 (with s. 6(9))