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. |