Data Protection Act 1998
1998 Chapter 29 - continued
PART VI, MISCELLANEOUS AND GENERAL - continued
General - continued

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Exercise of rights in Scotland by children.     66. - (1) Where a question falls to be determined in Scotland as to the legal capacity of a person under the age of sixteen years to exercise any right conferred by any provision of this Act, that person shall be taken to have that capacity where he has a general understanding of what it means to exercise that right.
 
      (2) Without prejudice to the generality of subsection (1), a person of twelve years of age or more shall be presumed to be of sufficient age and maturity to have such understanding as is mentioned in that subsection.
 
Orders, regulations and rules.     67. - (1) Any power conferred by this Act on the Secretary of State to make an order, regulations or rules shall be exercisable by statutory instrument.
 
      (2) Any order, regulations or rules made by the Secretary of State under this Act may-
 
 
    (a) make different provision for different cases, and
 
    (b) make such supplemental, incidental, consequential or transitional provision or savings as the Secretary of State considers appropriate;
  and nothing in section 7(11), 19(5), 26(1) or 30(4) limits the generality of paragraph (a).
 
      (3) Before making-
 
 
    (a) an order under any provision of this Act other than section 75(3),
 
    (b) any regulations under this Act other than notification regulations (as defined by section 16(2)),
  the Secretary of State shall consult the Commissioner.
 
      (4) A statutory instrument containing (whether alone or with other provisions) an order under-

section 10(2)(b),

section 12(5)(b),

section 22(1),

section 30,

section 32(3),

section 38,

section 56(8),

paragraph 10 of Schedule 3, or

paragraph 4 of Schedule 7,shall not be made unless a draft of the instrument has been laid before and approved by a resolution of each House of Parliament.
 

      (5) A statutory instrument which contains (whether alone or with other provisions)-
 
 
    (a) an order under-

    section 22(7),

    section 23,

    section 51(3),

    section 54(2), (3) or (4),

    paragraph 3, 4 or 14 of Part II of Schedule 1,

    paragraph 6 of Schedule 2,

    paragraph 2, 7 or 9 of Schedule 3,

    paragraph 4 of Schedule 4,

    paragraph 6 of Schedule 7,

 
    (b) regulations under section 7 which-
 
      (i) prescribe cases for the purposes of subsection (2)(b),
 
      (ii) are made by virtue of subsection (7), or
 
      (iii) relate to the definition of "the prescribed period",
 
    (c) regulations under section 8(1) or 9(3),
 
    (d) regulations under section 64,
 
    (e) notification regulations (as defined by section 16(2)), or
 
    (f) rules under paragraph 7 of Schedule 6,
  and which is not subject to the requirement in subsection (4) that a draft of the instrument be laid before and approved by a resolution of each House of Parliament, shall be subject to annulment in pursuance of a resolution of either House of Parliament.
 
      (6) A statutory instrument which contains only-
 
 
    (a) regulations prescribing fees for the purposes of any provision of this Act, or
 
    (b) regulations under section 7 prescribing fees for the purposes of any other enactment,
  shall be laid before Parliament after being made.
 
Meaning of "accessible record".     68. - (1) In this Act "accessible record" means-
 
 
    (a) a health record as defined by subsection (2),
 
    (b) an educational record as defined by Schedule 11, or
 
    (c) an accessible public record as defined by Schedule 12.
      (2) In subsection (1)(a) "health record" means any record which-
 
 
    (a) consists of information relating to the physical or mental health or condition of an individual, and
 
    (b) has been made by or on behalf of a health professional in connection with the care of that individual.
Meaning of "health professional".     69. - (1) In this Act "health professional" means any of the following-
 
 
    (a) a registered medical practitioner,
 
    (b) a registered dentist as defined by section 53(1) of the Dentists Act 1984,
 
    (c) a registered optician as defined by section 36(1) of the Opticians Act 1989,
 
    (d) a registered pharmaceutical chemist as defined by section 24(1) of the Pharmacy Act 1954 or a registered person as defined by Article 2(2) of the Pharmacy (Northern Ireland) Order 1976,
 
    (e) a registered nurse, midwife or health visitor,
 
    (f) a registered osteopath as defined by section 41 of the Osteopaths Act 1993,
 
    (g) a registered chiropractor as defined by section 43 of the Chiropractors Act 1994,
 
    (h) any person who is registered as a member of a profession to which the Professions Supplementary to Medicine Act 1960 for the time being extends,
 
    (i) a clinical psychologist, child psychotherapist or speech therapist,
 
    (j) a music therapist employed by a health service body, and
 
    (k) a scientist employed by such a body as head of a department.
      (2) In subsection (1)(a) "registered medical practitioner" includes any person who is provisionally registered under section 15 or 21 of the Medical Act 1983 and is engaged in such employment as is mentioned in subsection (3) of that section.
 
      (3) In subsection (1) "health service body" means-
 
 
    (a) a Health Authority established under section 8 of the National Health Service Act 1977,
 
    (b) a Special Health Authority established under section 11 of that Act,
 
    (c) a Health Board within the meaning of the National Health Service (Scotland) Act 1978,
 
    (d) a Special Health Board within the meaning of that Act,
 
    (e) the managers of a State Hospital provided under section 102 of that Act,
 
    (f) a National Health Service trust first established under section 5 of the National Health Service and Community Care Act 1990 or section 12A of the National Health Service (Scotland) Act 1978,
 
    (g) a Health and Social Services Board established under Article 16 of the Health and Personal Social Services (Northern Ireland) Order 1972,
 
    (h) a special health and social services agency established under the Health and Personal Social Services (Special Agencies) (Northern Ireland) Order 1990, or
 
    (i) a Health and Social Services trust established under Article 10 of the Health and Personal Social Services (Northern Ireland) Order 1991.
Supplementary definitions.     70. - (1) In this Act, unless the context otherwise requires-
 
 
    "business" includes any trade or profession;
 
    "the Commissioner" means the Data Protection Commissioner;
 
    "credit reference agency" has the same meaning as in the Consumer Credit Act 1974;
 
    "the Data Protection Directive" means Directive 95/46/EC on the protection of individuals with regard to the processing of personal data and on the free movement of such data;
 
    "EEA State" means a State which is a contracting party to the Agreement on the European Economic Area signed at Oporto on 2nd May 1992 as adjusted by the Protocol signed at Brussels on 17th March 1993;
 
    "enactment" includes an enactment passed after this Act;
 
    "government department" includes a Northern Ireland department and any body or authority exercising statutory functions on behalf of the Crown;
 
    "Minister of the Crown" has the same meaning as in the Ministers of the Crown Act 1975;
 
    "public register" means any register which pursuant to a requirement imposed-
 
      (a) by or under any enactment, or
 
      (b) in pursuance of any international agreement,
 
    is open to public inspection or open to inspection by any person having a legitimate interest;
 
    "pupil"-
 
      (a) in relation to a school in England and Wales, means a registered pupil within the meaning of the Education Act 1996,
 
      (b) in relation to a school in Scotland, means a pupil within the meaning of the Education (Scotland) Act 1980, and
 
      (c) in relation to a school in Northern Ireland, means a registered pupil within the meaning of the Education and Libraries (Northern Ireland) Order 1986;
 
    "recipient", in relation to any personal data, means any person to whom the data are disclosed, including any person (such as an employee or agent of the data controller, a data processor or an employee or agent of a data processor) to whom they are disclosed in the course of processing the data for the data controller, but does not include any person to whom disclosure is or may be made as a result of, or with a view to, a particular inquiry by or on behalf of that person made in the exercise of any power conferred by law;
 
    "registered company" means a company registered under the enactments relating to companies for the time being in force in the United Kingdom;
 
    "school"-
 
      (a) in relation to England and Wales, has the same meaning as in the Education Act 1996,
 
      (b) in relation to Scotland, has the same meaning as in the Education (Scotland) Act 1980, and
 
      (c) in relation to Northern Ireland, has the same meaning as in the Education and Libraries (Northern Ireland) Order 1986;
 
    "teacher" includes-
 
      (a) in Great Britain, head teacher, and
 
      (b) in Northern Ireland, the principal of a school;
 
    "third party", in relation to personal data, means any person other than-
 
      (a) the data subject,
 
      (b) the data controller, or
 
      (c) any data processor or other person authorised to process data for the data controller or processor;
 
    "the Tribunal" means the Data Protection Tribunal.
      (2) For the purposes of this Act data are inaccurate if they are incorrect or misleading as to any matter of fact.
 
 
 
 
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