Birth Information and Tracing Act 2022
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Obligation of secondary information source in respect of relevant records | ||
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45. (1) A secondary information source shall, subject to subsection (5) and sections 47 and 48 — | ||
(a) retain, and | ||
(b) maintain, | ||
all relevant records held by it. | ||
(2) A secondary information source shall, if directed by the Authority, and not later than 3 months after such direction is made, furnish to the Authority a statement, in such form as may be specified by the Authority, of the relevant records in its possession on the date on which the statement is made. | ||
(3) Where a secondary information source that has furnished a statement in accordance with subsection (2)— | ||
(a) becomes aware that a relevant record was in its possession on the date on which the statement was made but was not specified in the statement, or | ||
(b) comes into possession of a relevant record, | ||
it shall, as soon as practicable but in any event not later than 6 weeks after the date on which paragraph (a) or (b) applies, furnish to the Authority a statement, in such form as may be specified by the Authority, of the record. | ||
(4) A statement under subsection (2) or (3)— | ||
(a) shall state, in relation to each relevant record specified in it, its nature, current location and condition, and | ||
(b) may contain personal data only to the extent that is necessary and proportionate for the discharging by the secondary information source concerned of its functions under this Part. | ||
(5) Subsection (1) shall not apply to relevant records transferred by a secondary information source— | ||
(a) in compliance with its obligations under the National Archives Act 1986 , or | ||
(b) in accordance with Action 8 of the plan known as the “Action Plan for Survivors and Former Residents of Mother and Baby and County Home Institutions”. |