OpenLegislation

Regulation 79 Part 8: supplementaryF5I1

United Kingdom

(1)

A disclosure of information under regulation 78 F1or 78A does not breach any restriction on such disclosure imposed by statute or otherwise.

(2)

But nothing in F2those 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 2016 M1.

(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)

F3Regulations 78 and 78A do not limit the circumstances in which information may be disclosed apart from F4those regulations.

(5)

Nothing in this Part limits any conditions which may be contained in a Treasury licence or a trade 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) M2;

  • “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

Textual amendments

F1

Words in reg. 79(1) inserted (9.8.2022) by The Sanctions (EU Exit) (Miscellaneous Amendments) (No. 2) Regulations 2022 (S.I. 2022/818), regs. 1(2), 9(4)(a)

F2

Words in reg. 79(2) substituted (9.8.2022) by The Sanctions (EU Exit) (Miscellaneous Amendments) (No. 2) Regulations 2022 (S.I. 2022/818), regs. 1(2), 9(4)(b)

F3

Words in reg. 79(4) substituted (9.8.2022) by The Sanctions (EU Exit) (Miscellaneous Amendments) (No. 2) Regulations 2022 (S.I. 2022/818), regs. 1(2), 9(4)(c)(i)

F4

Words in reg. 79(4) substituted (9.8.2022) by The Sanctions (EU Exit) (Miscellaneous Amendments) (No. 2) Regulations 2022 (S.I. 2022/818), regs. 1(2), 9(4)(c)(ii)

F5

Word in reg. 79 heading substituted (31.12.2020 immediately after IP completion day) by The Sanctions (EU Exit) (Miscellaneous Amendments) (No. 2) Regulations 2020 (S.I. 2020/590), regs. 1(2), 10(8); S.I. 2020/1514, reg. 4

Marginal citations

M1

2016 c.25. Parts 2 and 5 have been amended by the Policing and Crime Act 2017 (c.3), Schedule 9(3), para 74 and Part 7 has been amended by the Data Protection Act 2018 (c. 12), Schedule 19(1), para 202. Chapter 1 of Part 9 has been amended by regulation 6 of the Investigatory Powers Act 2016 (Commencement No. 3 and Transitory, Transitional and Savings Provisions) Regulations 2017 (S.I. 2017/859).

M2

2018 c.12. There are amendments to this Act that are not relevant to these Regulations.

Commencement

I1

Reg. 79 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)

Notes on the whole SI

Textual amendments

F1

Regulations extended (British overseas territories) (with modifications) (31.12.2020 immediately after both S.I. 2020/590 and S.I. 2020/951 have come into force) by The Russia (Sanctions) (Overseas Territories) Order 2020 (S.I. 2020/1571), arts. 1(1), 2, Schs. 1, 2 (as amended: (11.3.2021) by S.I. 2021/288, arts. 1(1), 2(2); (14.4.2022) by S.I. 2022/453, arts. 1(1), 3-38; (20.7.2022) by S.I. 2022/843, arts. 1(1), 3; (10.11.2022) by S.I. 2022/1167, arts. 1(1), 3-17; (15.12.2022) by S.I. 2022/1338, arts. 1(1), 3-10; (9.3.2023) by S.I. 2023/291, arts. 1(1), 3-9; (20.7.2023) by S.I. 2023/846, arts. 1(1), 3, 5-22; (30.9.2023) by S.I. 2023/846, arts. 1(2), 4; (14.3.2024) by S.I. 2024/370, arts. 1, 3-13; (3.10.2024) by S.I. 2024/987, arts. 1(1), 3-6; and (11.12.2025) by S.I. 2025/1307, art. 1(1), Sch. 15)