Legislation – Data (Use and Access) Act 2025
Part 2Digital verification services
Information gateway
49Code of practice about the disclosure of information
(1)
The Secretary of State must prepare and publish a code of practice about the disclosure of information under section 45.
(2)
The code of practice must be consistent with the code of practice prepared under section 121 of the Data Protection Act 2018 (data-sharing code) and issued under section 125(4) of that Act (as altered or replaced from time to time).
(3)
A public authority must have regard to the code of practice in disclosing information under section 45.
(4)
The Secretary of State may from time to time revise and republish the code of practice.
(5)
In preparing or revising the code of practice, the Secretary of State must consult—
(a)
the Information Commissioner,
(b)
the Welsh Ministers,
(c)
the Scottish Ministers,
(d)
the Department of Finance in Northern Ireland, and
(e)
such other persons as the Secretary of State considers appropriate.
(6)
The requirement in subsection (5) may be satisfied by consultation undertaken before the coming into force of this section.
(7)
The Secretary of State may not publish the first version of the code of practice unless a draft of the code has been laid before, and approved by a resolution of, each House of Parliament.
(8)
The Secretary of State may not republish the code of practice following its revision unless—
(a)
a draft of the code as revised has been laid before each House of Parliament, and
(b)
the 40-day period has expired without either House of Parliament resolving not to approve the draft.
(9)
“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.
(10)
In calculating the 40-day period, no account is to be taken of any whole days that fall within a period during which Parliament is dissolved or prorogued or during which both Houses are adjourned for more than 4 days.
(11)
In this section, “public authority” means a person whose functions—
(a)
are of a public nature, or
(b)
include functions of that nature.