Moved by
Baroness Byford
199: Clause 68, page 66, line 16, leave out from beginning to end of line 25 on page 67 and insert—
“(2) Subject to subsection (1) of this section and section 45E, the Board may, by notice in writing to a public authority to which this section applies, require the authority to disclose to the Board information which—
(a) is held by the authority in connection with its functions, and
(b) is specified, or is of a kind specified, in the notice.
(3) A notice under subsection (2) may require information to be disclosed on more than one date specified in the notice within a period specified in the notice.
(4) A notice under subsection (2) other than one within subsection (3) must specify the date by which or the period within which the information must be disclosed.
(5) A notice under subsection (2) may specify the form or manner in which the information to which it relates must be disclosed.
(6) A notice under subsection (2) may require the public authority to consult the Board before making changes to—
(a) its processes for collecting, organising, storing or retrieving the information to which the notice relates, or
(b) its processes for supplying such information to the Board.
(7) The reference in subsection (6) to making changes to a process includes introducing or removing a process.
(8) The Board may give a notice under subsection (2) only if the Board requires the information to which the notice relates to enable it to exercise one or more of its functions.
(9) The Board must obtain the consent of the Scottish Ministers before giving a notice under subsection (2) to a public authority which is a Scottish public authority with mixed functions or no reserved functions (within the meaning of the Scotland Act 1998).
(10) The Board must obtain the consent of the Welsh Ministers before giving a notice under subsection (2) to a public authority which is a Wales public authority as defined by section 157A of the Government of Wales Act 2006.
(11) The Board must obtain the consent of the Department of Finance in Northern Ireland before giving a notice under subsection (2) to a public authority if—
(a) the public authority exercises functions only as regards Northern Ireland, and
(b) its functions are wholly or mainly functions which relate to transferred matters (within the meaning of the Northern Ireland Act 1998).
(12) A public authority to which a notice under subsection (2) is given must comply with it.
(13) But the public authority need not comply with the notice if compliance—
(a) might prejudice national security,
(b) would contravene the Data Protection Act 1998,
(c) would be prohibited by Part 1 of the Regulation of Investigatory Powers Act 2000, or
(d) would contravene directly applicable EU legislation or any enactment to the extent that it implements EU legislation.”