Moved by
Lord Ashton of Hyde
28DC: Clause 48, page 46, line 38, at end insert—
“(6A) The relevant Minister may not issue the code of practice unless a draft of the code has been laid before, and approved by a resolution of, each House of Parliament.
(6B) Before reissuing the code the relevant Minister must lay a draft of the code as proposed to be reissued before Parliament.
(6C) The relevant Minister may not reissue the code if, within the 40-day period, either House of Parliament resolves not to approve it.
(6D) In subsection (6C)“the 40 day period” means—
(a) the period of 40 days beginning with the day on which the draft is laid before Parliament, or
(b) if the draft is not laid before each House on the same day, the period of 40 days beginning with the later of the days on which it is laid before Parliament.
(6E) For the purposes of subsection (6D) no account is to be taken of any period during which Parliament is dissolved or prorogued or during which both Houses are adjourned for more than four days.”
28DD: Clause 48, page 46, line 42, leave out paragraph (a)
28DE: Clause 48, page 47, line 2, at end insert—
“(8) In disclosing information under section 44 , a person must have regard to the following codes of practice issued by the Information Commissioner under section 51(3) of the Data Protection Act 1998, so far as they apply to the information in question—
(a) any code which makes provision about the identification and reduction of the risks to privacy of a proposal to disclose information;
(b) any code which makes provision about the information to be provided to data subjects (within the meaning of that Act) about the use to be made of information collected from them.
(9) The duty in subsection (8) does not affect any other requirement for the person to have regard to a code of practice in disclosing the information.”
28DF: Clause 49, page 47, line 25, at end insert—
“( ) The power in subsection (5) to amend this Chapter—
(a) may be exercised for the purposes only of improving the effectiveness of the operation of the power in section 44 (1), and
(b) may not be used to remove any of the safeguards relating to the use or disclosure of information in section 45, 46 or 47 .”
28DG: Clause 49, page 47, line 30, leave out “44(4)” and insert “ 44(5)”
28DH: Clause 49, page 47, line 42, leave out “44(4)” and insert “ 44(5)”
28DJ: Clause 49, page 48, line 10, leave out “44(4)” and insert “ 44(5)”