Birth Information and Tracing Act 2022

Miscellaneous (Part 2)

19. (1) The Minister may issue guidelines for the purpose of providing practical guidance to the Agency, the Authority or a relevant body in respect of the performance by it of its functions under this Part.

(2) Without prejudice to the generality of subsection (1), guidelines under that subsection may specify—

(a) the procedures to be followed by a relevant body in ascertaining the matters referred to in section 7 (1) or 9 (4), and

(b) the manner in which the information referred to in section 7 (3)(b) or 9 (2)(b) is to be provided to a relevant person.

(3) Subject to subsection (4), the Authority may designate such—

(a) a person, being an employee of the Authority or Agency or a person engaged by the Authority, or

(b) class of persons referred to in paragraph (a),

as it considers suitable to perform the functions of a designated person under this Part specified in the designation.

(4) A reference in section 17 or section 18 to a designated person shall be construed as a reference to a person, or a person of a class, designated under subsection (3) in respect of the performance of the functions of a designated person under the section concerned.

(5) A relevant body shall, no later than one month after the date on which it receives an application made in accordance with the section concerned—

(a) comply, as applicable, with section 9 (3), 10 (3), 11 (2), 12 (2), 13 (3), 14 (2), 15 (2) or 15 (4),

(b) comply, as applicable, with section 9 (9), 10 (7), 11 (3), 12 (3) or 15 (5), or

(c) where subsection (7) applies, inform the applicant concerned of that fact and the reasons for it, and of the effect of the subsection.

(6) A relevant body, when complying with section 9 (9), 10 (7), 11 (3), 12 (3), 15 (5) or 16 (8) shall, in addition, inform the applicant concerned, as relevant and appropriate, of his or her right or, in the case of an applicant who has not attained the age of 18 years, the right of a person to make an application under Part 5 and under section 38 (3).

(7) Where a relevant body is unable, due to the complexity of the application concerned or the nature of the information, document or item sought under the application, to comply with paragraph (a) or (b) of subsection (5), it shall comply with either paragraph not later than three months after the date on which it receives an application.