Birth Information and Tracing Act 2022
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Authority to communicate matches on register and share information and items | ||
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40. (1) Where the Authority makes an entry in the register in respect of a person, it shall check the register for any existing entry in which the person concerned is recorded as a specified person and, where there is such an entry, shall comply with this section. | ||
(2) Where a person, in accordance with the section concerned— | ||
(a) makes a statement under section 38 (11) in respect of a specified person, or | ||
(b) lodges information or an item under section 39 which he or she wishes to be shared with a specified person, | ||
the Authority shall check the register for any existing entry in respect of the specified person and, where there is such an entry, shall comply with this section. | ||
(3) Where a specified person is a specified person in respect of whom a statement referred to in paragraph (a) or (b) of section 38 (11) has been made, the Authority shall— | ||
(a) inform the specified person of that fact, | ||
(b) provide him or her with the contact details of the person who made the statement, and | ||
(c) offer to facilitate contact between the two persons. | ||
(4) Where a specified person is a specified person in respect of whom a statement referred to in paragraph (d) of section 38 (11) has been made, the Authority shall— | ||
(a) inform the specified person of that fact and of the information that has been requested of him or her, and | ||
(b) offer to facilitate the provision by the specified person of the information requested. | ||
(5) Where a specified person is a specified person in respect of whom a statement referred to in paragraph (e) of section 38 (11) has been made, the Authority shall— | ||
(a) inform the specified person of that fact, and | ||
(b) offer to facilitate the request by the specified person for, and the provision to him or her of, the information concerned. | ||
(6) Where a specified person is a specified person in respect of whom a lodgement under section 39 has been made, the Authority shall— | ||
(a) inform the person of that fact, and | ||
(b) where the person has indicated to the Authority that he or she is willing to be provided with the information or item concerned, provide the person with the information or item. | ||
(7) Where the Authority complies with subsection (3), (4), (5) or (6) it shall, as soon as practicable after so complying, inform the person who made the statement concerned or, as the case may be, made the lodgement concerned. | ||
(8) In this section, “specified person” means a person who is— | ||
(a) a specified person under section 38 (11), or | ||
(b) specified by a person making a lodgement under section 39 (1) as the person with whom the person wishes the information or item being lodged to be shared. |