Legislation – Public Authorities (Fraud, Error and Recovery) Act 2025
Changes to legislation:
There are currently no known outstanding effects for the Public Authorities (Fraud, Error and Recovery) Act 2025, Section 90.
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Part 2Social security etc
Chapter 3Further provision relevant to investigatory powers
90Disclosure of information etc: interaction with external constraints
“109HDisclosure of information etc: interaction with external constraints
(1)
This section applies in relation to any provision for the disclosure or obtaining of information made by or under this Part so far as the provision applies in connection with the exercise of powers by or on behalf of the Secretary of State.
(2)
The provision does not require or authorise any disclosure of information that is prohibited by any of Parts 1 to 7 or Chapter 1 of Part 9 of the Investigatory Powers Act 2016.
(3)
The disclosure of information in accordance with the provision (as read subject to subsection (2)) does not breach—
(a)
any obligation of confidence owed by the person making the disclosure, or
(b)
any other restriction on the disclosure of information (however imposed).
(4)
The provision does not require or authorise the disclosure or obtaining of information in respect of which a claim to legal professional privilege could be maintained in legal proceedings without the agreement of the person entitled to maintain that claim.
(5)
In the application of subsection (4) in Scotland, the reference to legal professional privilege is to be read as a reference to confidentiality of communications.
(6)
A person may not be required under the provision to give information which tends to incriminate the person or the person’s spouse or civil partner.
(7)
A person who provides services free of charge in relation to social security, housing (including services that involve the provision of accommodation) or debt, may not be required under the provision to give personal data about persons receiving such a service free of charge.
(8)
The provision does not require or authorise the disclosure of—
(a)
journalistic material, or
(b)
excluded material,
within the meanings of the Police and Criminal Evidence Act 1984 (see sections 11 to 13 of that Act).
(9)
But subsections (5) to (9) do not apply in relation to—
(a)
the provisions of the Police and Criminal Evidence Act 1984 as applied by section 109D, and
(b)
Schedule 3ZD.
(10)
In this section “personal data” has the same meaning as in the Data Protection Act 2018 (see section 3(2) of that Act).”