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Enterprise Act 2002

Enterprise Act 2002 s 238

s 238 Information

(1) 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— (a) Part 1, 3, 4, 6 or 7 ; (b) an enactment specified in Schedule 14; (c) such subordinate legislation as the Secretary of State may by order specify for the purposes of this subsection. (2) It is immaterial whether information comes to a public authority before or after the passing of this Act. (3) 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). (4) In subsection (1) the reference to an enactment includes a reference to an enactment contained in— (a) an Act of the Scottish Parliament; (b) Northern Ireland legislation; (c) subordinate legislation. (5) The Secretary of State may by order amend Schedule 14. (6) The power to make an order under subsection (5) includes power to add, vary or remove a reference to any provision of— (a) an Act of the Scottish Parliament; (b) Northern Ireland legislation. (7) An order under this section must be made by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament. (8) This section applies for the purposes of this Part.

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Contains public sector information licensed under the Open Government Licence v3.0.

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