OpenLegislation

Regulation 41 Part 7: supplementaryI1

United Kingdom

(1)

A disclosure of information under regulation 39 (disclosure of information) or 40 (finance: disclosure to the Treasury) does not breach any restriction on such disclosure imposed by statute or otherwise.

(2)

But nothing in those regulations authorises a disclosure that—

(a)

contravenes the data protection legislation, or

(b)

is prohibited by any of Parts 1 to 7 or Chapter 1 of Part 9 of the Investigatory Powers Act 2016f1.

(3)

Nothing in this Part is to be read as requiring a person who has acted or is acting as counsel or solicitor for any person to disclose any privileged information in their possession in that capacity.

(4)

Regulations 39 and 40 do not limit the circumstances in which information may be disclosed apart from those regulations.

(5)

Nothing in this Part limits any conditions which may be contained in a Treasury licence.

(6)

In this regulation—

  • “the data protection legislation” has the same meaning as in the Data Protection Act 2018 (see section 3 of that Act (terms relating to the processing of personal data))f2;

  • “privileged information” means information with respect to which a claim to legal professional privilege (in Scotland, to confidentiality of communications) could be maintained in legal proceedings.

Annotations

Commencement

I1

Reg. 41 in force at 23.7.2025, see reg. 1(2)

Footnotes

f1

2016 c. 25. Parts 1 to 7 and Chapter 1 of Part 9 have been amended multiple times, including by the following enactments enacted from 2020 onwards: the Sentencing Act 2020, section 410 and Schedule 24, paragraph 443; the Armed Forces Act 2021 (c. 35), sections 11, 12, 24(1), Schedule 4, paragraph 2 and Schedule 5, paragraphs 44 and 45; the Finance (No. 2) Act 2023 (c. 30), section 352; the National Security Act 2023 (c. 32), section 94 and Schedule 18, paragraph 10; the Northern Ireland Troubles (Legacy and Reconciliation) Act 2023 (c. 41), section 58 and Schedule 13, paragraph 9; the Investigatory Powers (Amendment) Act 2024 (c. 9), sections 1(2), (4), (5), (7) and (8), 3(1), 4(2), (3), (4), (5) and (6), 6(2) and (3), 12(2) and (3), 14(2), (3), (4), (5), (6) and (7), 15(2), (3) and (4), 16(2), (3) and (4), 17(2) and (3), 18(2) and (3), 19(3), 20(2), (4), (6) and (7), 21(2), 22(2) and (3), 23(2), (3) and (4), 24(4), 25, 26 and 27(2); S.I. 2020/661; S.I. 2020/360; S.I. 2020/792; S.I. 2022/500; S.I. 2023/149; S.I. 2023/621; and S.I. 2024/514.

f2

2018 c. 12. Section 3(9) was amended by S.I. 2019/419.