Part VIII
- (a) a government department which is not a Northern Ireland department to claim for the purposes of section 41(1)(b) that the disclosure of any information by it would constitute a breach of confidence actionable by any other government department (not being a Northern Ireland department), or
- (b) a Northern Ireland department to claim for those purposes that the disclosure of information by it would constitute a breach of confidence actionable by any other Northern Ireland department.
(3) A government department is not liable to prosecution under this Act, but section 77 and paragraph 12 of Schedule 3 apply to a person in the public service of the Crown as they apply to any other person.
(4) The provisions specified in subsection (3) also apply to a person acting on behalf of either House of Parliament or on behalf of the Northern Ireland Assembly as they apply to any other person.
Orders and regulations. 82.—(1) Any power of the Secretary of State to make an order or regulations under this Act shall be exercisable by statutory instrument.
(2) A statutory instrument containing (whether alone or with other provisions)—
- (a) an order under section 5, 7(3) or (8), 53(1)(a)(iii) or 75, or
- (b) regulations under section 10(4) or 74(3),
shall not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.
(3) A statutory instrument which contains (whether alone or with other provisions)—
- (a) an order under section 4(1), or
- (b) regulations under any provision of this Act not specified in subsection (2)(b),
and which is not subject to the requirement in subsection (2) that a draft of the instrument be laid before and approved by a resolution of each House of Parliament, shall be subject to annulment in pursuance of a resolution of either House of Parliament.
(4) An order under section 4(5) shall be laid before Parliament after being made.
(5) If a draft of an order under section 5 or 7(8) would, apart from this subsection, be treated for the purposes of the Standing Orders of either House of Parliament as a hybrid instrument, it shall proceed in that House as if it were not such an instrument.
Meaning of “Welsh public authority”. 83.—(1) In this Act “Welsh public authority” means—
- (a) any public authority which is listed in Part II, III, IV or VI of Schedule 1 and whose functions are exercisable only or mainly in or as regards Wales, other than an excluded authority, or
- (b) any public authority which is an Assembly subsidiary as defined by section 99(4) of the 1998 c. 38.Government of Wales Act 1998.
(2) In paragraph (a) of subsection (1) “excluded authority” means a public authority which is designated by the Secretary of State by order as an excluded authority for the purposes of that paragraph.
