Section 238

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— Part 1, 3, 4, 6 or 7; an enactment specified in Schedule 14; such subordinate legislation as the Secretary of State may by order specify for the purposes of this subsection. It is immaterial whether information comes to a public authority before or after the passing of this Act. 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). In subsection (1) the reference to an enactment includes a reference to an enactment contained in— an Act of the Scottish Parliament; Northern Ireland legislation; subordinate legislation. The Secretary of State may by order amend Schedule 14. The power to make an order under subsection (5) includes power to add, vary or remove a reference to any provision of— an Act of the Scottish Parliament; Northern Ireland legislation. An order under this section must be made by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament. This section applies for the purposes of this Part.

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Source: legislation.gov.uk · retrieved 2026-09-04