Birth Information and Tracing Act 2022

Authority may direct transfer to it of relevant record

48. (1) The Authority may issue a direction under this section to—

(a) a secondary information source from whom it has received a statement under subsection (2) or (3) of section 45 or a request under section 47 , or

(b) a person, other than an information source, who is in possession of a relevant record (whether such person made a request under section 47 or not).

(2) The Authority shall issue a direction under this section only where it is of the opinion that the transfer, in accordance with the direction, of the record concerned, or a copy of the record, is in the public interest.

(3) A direction under this section shall be in writing, and shall—

(a) direct the person to whom it is issued to transfer to the Authority, on or before the date specified in the direction, the relevant record specified in the direction, or a copy of the record,

(b) where the direction relates to the transfer of a copy of a record, specify the format in which the copy is to be transferred, and

(c) inform the person—

(i) of the opinion of the Authority referred to in subsection (2),

(ii) the intended use of the record or copy of the record, and

(iii) the safeguards in place in relation to the storage and maintenance of the record or copy of the record.

(4) The date specified under subsection (3)(a) shall be—

(a) not later than 6 months after the date of the direction, or

(b) where the Authority is not satisfied that it will be in a position to take the relevant record or copy of the record concerned into its charge by a date referred to in paragraph (a) such later date as is approved by the Minister.

(5) A person to whom a direction under this section is issued shall comply with the direction.

(6) In deciding whether to issue a direction under this section, the Authority shall have regard to—

(a) any factor that indicates that a particular record may be at risk and should be transferred to the Authority at the earliest opportunity,

(b) any request made by the secondary information source or person referred to in subsection (1)(b), as the case may be, under section 47 in relation to the record concerned, and

(c) the public interest.

(7) The Authority shall make all necessary arrangements in respect of the transfer to it of records or copies of records pursuant to a direction under this section, including all necessary arrangements to ensure safe receipt by it of such records and copies.