The Welfare Reform Act 2012 (Commencement No. 3, Savings Provision) Order 2012

Made: 26th June 2012

The Secretary of State for Work and Pensions makes the following Order in exercise of the powers conferred by section 150(3), (4)(a) and (c) of the Welfare Reform Act 2012[^f00001].

Citation and interpretation

1

This order may be cited as the Welfare Reform Act 2012 (Commencement No.3, Savings Provision) Order 2012.

Appointed day

2

Subject to article 3, 2nd July 2012 is the day appointed for the coming into force of section 133(6) of the Welfare Reform Act 2012.

Savings provision

3

Notwithstanding their repeal by section 133(6) of the Welfare Reform Act 2012, the following provisions of the Welfare Reform Act 2007[^f00002] continue to have effect on and after 2nd July 2012—

• (a) section 42 (which concerns the use, supply and provision of information) insofar as it permits the use, supply or provision by any person of information which came to that person before that date by virtue of subsection (1), (2) or (5) of that section;

• (b) section 43 (which creates an offence of unlawful disclosure) insofar as it relates to the disclosure by any person of such information; and

• (c) section 69(2)(a) (extent) insofar as necessary to give effect to paragraphs (a) and (b) of this article.

Signed

Signed by authority of the Secretary of State for Work and Pensions.

Freud — Parliamentary Under-Secretary of State, — Department for Work and Pensions — 26th June 2012

Explanatory note

(This note is not part of the Order)

EXPLANATORY NOTE

This Order is the third Commencement Order made under the Welfare Reform Act 2012 (“the 2012 Act”). It brings section 133(6) of the 2012 Act into force on 2nd July 2012.

Section 133(6) repeals sections 42, 43 and 69(2)(a) (“the repealed provisions”) of the Welfare Reform Act 2007 (“the 2007 Act”). Section 42 of the 2007 Act makes provision about the use, supply and provision of information relating to certain social security benefits and welfare services. Section 43 makes it an offence to disclose without lawful authority information received under section 42. These sections are replaced by sections 131 and 132 of the 2012 Act respectively. Section 69(2)(a) of the 2007 Act concerns the territorial extent of sections 42 and 43.

These repeals are subject to the savings provision in article 3 of the Order. This provides that the repealed provisions continue to have effect insofar as they concern the use, supply or provision, or unlawful disclosure of, information which came to any person by virtue of section 42(1), (2) or (5) of the 2007 Act before the repeal of that section.

A full impact assessment has not been produced for this instrument as it has no impact on the private sector or civil society organisations.

Footnotes

[^f00001]: 2012 c.5.

[^f00002]: 2007 c.5.

[^f00003]: SI 2012/1246 was amended by SI 2012/1440 before section 124 of the Welfare Reform Act 2012 was brought into force.