EXPLANATORY MEMORANDUM TO

THE DIGITAL GOVERNMENT (DISCLOSURE OF INFORMATION)

REGULATIONS 2018

2018 No. [XXXX]

1. Introduction
1.1 This explanatory memorandum has been prepared by Cabinet Office and is laid before
Parliament by Command of Her Majesty.
1.2 This memorandum contains information for the Joint Committee on Statutory
Instruments.

2. Purpose of the instrument

2.1 This instrument enables the sharing of information for purposes set out in Chapter 1,
Part 5, of the Digital Economy Act 2017 (“the Act”). It describes the specific
objectives for which information may be disclosed under that Chapter, and specifies
the bodies who are permitted to disclose or receive information for each objective.
This instrument also amends section 36 of the Act, to include an additional fuel
poverty measure for which information can be disclosed to licensed gas and electricity
suppliers under that provision.

3. Matters of special interest to Parliament

Matters of special interest to the Joint Committee on Statutory Instruments

3.1 The Transfer of Functions (Digital Government) Order 2018 makes provision for the
transfer of functions under Chapter 1 of Part 5 of the Act from the Minister for the
Cabinet Office to the Secretary of State. This comes into force on 18 May 2018.
Accordingly, this instrument has been laid in draft by the Minister for the Cabinet
Office but will be made by the Secretary of State for Digital, Culture, Media and
Sport.

Other matters of interest to the House of Commons

3.2 Disregarding minor or consequential changes, the territorial application of this
instrument includes Scotland and is not a financial instrument that relates exclusively
to England, Wales and Northern Ireland.

4. Legislative Context
4.1 This instrument has been made in exercise of the power in section 35 of the Act,
which is being used for the first time. This instrument specifies objectives for which
specified persons (listed in Schedules to the Act) can share information under section
35 of the Act. In accordance with section 35(7) of the Act, the instrument also
specifies which objective(s) each specified person is allocated to; this permits
specified authorities to share information for the purposes of those particular
objectives.
4.2 In addition, Welsh and Scottish Ministers are exercising their powers under section 44
of the Act to add devolved bodies to Schedule 4 by way of regulations made in Wales

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 and Scotland respectively. The devolved bodies added to Schedule 4 will be permitted
to share information for specified objectives under section 35 of the Act, including the
UK-wide objectives specified in the instrument.
4.3 This instrument will also enable sharing under section 36 of the Act for an additional
fuel poverty measure. This power is also being used for the first time.

5. Extent and Territorial Application

5.1 The extent of this instrument is Great Britain.
5.2 The territorial application of this instrument is England, Wales and Scotland.

6. European Convention on Human Rights

The Minister for the Cabinet Office has made the following statement regarding
Human Rights:
“In my view the provisions of The Digital Government (Disclosure of Information)
Regulations 2018 are compatible with the Convention rights.”

7. Policy background

What is being done and why

7.1 Section 35 of the Act is designed to assist public authorities, including local
authorities, to make better use of their resources through information-sharing that
targets public services more effectively towards those who need them. The power will
allow certain public authorities (i.e. “specified persons” listed in Schedules to the Act)
to share information with other specified persons in order to provide support and
services to people who face a range of social problems.
7.2 As with other provisions in Part 5 of the Act, section 35 is intended to remedy the lack
of clear legal gateways for sharing information across public services. To help ensure
that any sharing under these powers is justified and proportionate, the powers are
constructed to only allow public authorities to disclose information for purposes
consistent with tightly constrained “objectives.” There are further constraints on the
use of these powers: any information sharing under these objectives must be
processed in line with the requirements of the data protection legislation, and any
person using or disclosing information under these powers must have regard to the
Information sharing Code of Practice: Public Service Delivery, Debt and Fraud.
7.3 Following recommendations made by the Delegated Powers and Regulatory Reform
Committee (“DPRRC”) during the passage of the Act, this instrument specifies which
public authorities will be permitted to disclose or receive information for each
objective. For example, only a small number of bodies, or types of bodies, need to
share information under the fuel or water poverty powers; it is not necessary for
bodies who are involved in the delivery of other objectives to be listed for those
purposes. In response to a further recommendation from the DPRRC, the instrument
also provides a detailed description of the “multiple disadvantages” objective,
including the list of issues or disadvantages for which information may be shared, to
clearly establish the purposes for which this objective can be used.
7.4 This instrument specifies four such objectives for sharing under section 35: multiple
disadvantages, television retuning, fuel poverty, and water poverty.

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7.5 The first objective relates to the provision of assistance to individuals or households
who are affected by multiple disadvantages. The objective was initially developed to
support the information-sharing needs of the Troubled Families programme. This
programme supports the identification of families across England who face multiple
problems and helps ensure appropriate services are provided to them. The objective
also supports a range of similar socio-economic policy initiatives that are delivered by
bodies across the public sector. A “disadvantage” refers to a social or economic factor
which adversely affects an individual or household. Factors required to be eligible for
the Troubled Families programme are set out in the financial framework for the
programme. An exhaustive list of factors is included in the instrument. The list of
disadvantages has been legally defined, where relevant, to support variances in how
social policies on the same issue are described or defined across different parts of the
public sector and in the devolved administrations. Sharing is only permitted under the
multiple disadvantages objective if (a) it meets the conditions in paragraph 2(1)(a) -
(c) of the Schedule to the instrument; and (b) there are two or more disadvantages
present which adversely affect an individual or household, as per paragraph 2(2) and
(3) of the Schedule to the instrument.
7.6 The second objective relates to television retuning. Currently, Digital Terrestrial
Television (DTT) uses all frequencies from 470MHz - 790MHz. The 700MHz
Programme aims to re-engineer the DTT network so that more of the spectrum can be
allocated for mobile broadband in order to meet the ever-increasing demand for
mobile data. Re-engineering the DTT network will mean that some areas will
currently change the frequencies in which their DTT services are transmitted. In most
cases, DTT viewers will need to re-tune their televisions when prompted by on-screen
messages. However, a small number of households may need to replace their aerials.
This objective will help Government identify consumers who may be most in need of
assistance in this area and to help ensure appropriate support is provided.
7.7 The third objective enables sharing information to improve the targeting of fuel
poverty support. Information-sharing can lower the administrative costs of identifying
eligible households and make it easier for those households to receive support - for
example, by reducing the amount of information that households need to provide to
demonstrate their eligibility for support. Information-sharing can also enable the
automatic offer or provision of assistance without households having to apply.
Relying on citizens to step forward and apply for support often results in people
missing out, and too often these are the most vulnerable in society. The objective will
help energy suppliers to identify consumers who are fuel-poor, as the Government can
use information on property characteristics or social security-related benefits to
inform energy suppliers which of their customers should receive or may be eligible
for support. Depending on the scheme, the support may take the form of energy bill
discounts or measures to improve the energy efficiency of their home (such as the free
installation of new insulation materials etc).
7.8 The fourth objective enables the sharing of personal information to help improve the
take-up of various schemes offered by the water sector that provide assistance to low-
income households. In England and Wales, 24% of households are spending more
than 3% of their disposable income on their water bill, and 11% of households are
spending more than 5% of their disposable income on their water bill. Furthermore,
12% of customers in England and Wales find their water bill unaffordable. To help
support such households, the Flood and Water Management Act 2010 included
provision for water and sewerage undertakers in England and Wales to include social

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 tariffs in their charges schemes. It enables undertakers to reduce charges for
individuals who would otherwise have difficulty paying their bill in full. Research by
the Consumer Council for Water shows that take-up of such ‘social tariffs’ is
improving, but remains low. This is in spite of considerable effort by the sector to
improve awareness of the support available, for example through their presence in job
centres, food banks and advice centres, as well as advertising in socially deprived
areas. The present system is heavily reliant on eligible households putting themselves
forward for help. As a result, large numbers of people are missing out on support,
such as a cap on their bill or a discount on their bill of between 15% to 90%. This
objective will help enable water companies to identify and reach out directly to
customers who are likely to be eligible for assistance schemes. This will make it
easier for customers in low-income households to access the support to which they are
entitled, and will help to improve the accuracy, efficiency and effectiveness of the
targeting and delivery of social tariffs.
7.9 The Act also requires that specified persons are allocated to the specified objective(s)
they intend to use, and that this is specified in regulations. This allocation ensures that
access to information is limited to specified persons within the Schedule that have a
clear and justifiable reason to share information in accordance with that objective,
such as a role in developing and delivering services relating to the objective. Given
the important role that bodies outside the public sector play in delivering public
services, the Schedule includes persons providing services in connection with a
specified objective to a specified person who is a public authority. Many charities and
private companies who provide frontline services hold important information that can
be used to improve the targeting of these services. These bodies must follow the same
requirements as public authorities when utilising the powers under the Act: for
example, they must have regard to the Code of Practice for Public Service Delivery,
Debt and Fraud, and are subject to criminal sanctions for any unlawful disclosures.
7.10 Regulation 2 of the Instrument sets out which bodies have the power to disclose
information for which particular specified objectives (see also Annex A to this
memorandum which explains why certain specified bodies have been allocated to
specified objectives). This approach was recommended by the DPRRC in their report
on Part 5 - 7 of the Act. The Committee stated that:
“Ministers should not have power to add any public authority, or description
of authority, but only those authorities engaged in the provision of the types of
public service specified in the Bill. Only in these circumstances would we
regard as appropriate a Henry VIII power allowing Ministers to amend the list
in the Bill...by affirmative procedure regulations.”
7.11 We have also liaised with the devolved administrations to ensure the instrument meets
their current policy needs and intended uses of section 35. For example, we have
incorporated definitions for Wales and Scotland under the multiple disadvantages
objective, to ensure these terms are legally correct in Wales and Scotland. In addition,
Welsh and Scottish devolved bodies that are being added to the Schedules (through
regulations made in their respective administrations) have also been allocated to
relevant objectives in this instrument. This ensures devolved bodies are able to share
information in accordance with the UK-wide objectives. In order to ensure that a
consistent, clear and structured approach is taken towards adding any bodies to the
Schedules to the Act, headings have been inserted (e.g. into Schedule 4) through
regulations made by Welsh and Scottish Ministers. The Part headings have been

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 ordered to reflect the following arrangements: Part 1 will set out English or UK-wide
bodies; Part 2 will set out Welsh bodies; and Part 3 will set out Scottish bodies.
Northern Ireland have not yet made regulations to add Northern Ireland bodies to the
Schedules because Chapter 1 has not been commenced in Northern Ireland yet.
7.12 In addition, this instrument carries an amendment to section 36(3) of the Act. Section
36(3) sets out the purposes for which information may be disclosed to gas and
electricity suppliers under the fuel poverty objective. This amendment will add a new
scheme to those listed under section 36(3), to support the government’s proposed
safeguard tariff. It is estimated that as a result of adding the proposed safeguard tariff
to the list of measures under section 36(3), over 1 million vulnerable energy
consumers could be identified as qualifying for the new scheme. Because the
amendment to section 36(3) includes a reference to “domestic customers” of energy
suppliers, which does not appear elsewhere in the Act, it has also been necessary to
amend section 36(11) to insert a definition of “a domestic customer.”
7.13 The section 36(3) amendment is required at this time to ensure that the necessary
arrangements will be in place to implement the proposed safeguard tariff scheme
ahead of next winter (2018-2019). It was proposed following the public consultation
on these regulations (described at Paragraph 8 below), which indicated strong support
from respondents for the proposed safeguard tariff. Further, the Chair of the House of
Commons Business Energy and Industrial Strategy (BEIS) Select Committee wrote to
the Secretary of State for BEIS in support of adding the safeguard tariff scheme to
section 36(3), which is also supported by Ofgem. The Government is keen to ensure
that information-sharing to provide better outcomes for citizens, including through the
Troubled Families programme, may begin in a timely manner.

Consolidation
7.14 This instrument does not amend or consolidate previous instruments.

8. Consultation outcome
8.1 The Government ran a public consultation on this draft instrument, between 21
September 2017 and 2 November 2017. In addition, the consultation sought views on
four draft codes of practice and a statement of principles under Part 5 of the Act.
8.2 Together with inviting opinions from the public, opinions were sought from statutory
consultees named in the Act, including the Information Commissioner and Ministers
in devolved administrations. The Government also sought views from participants at
two open engagement sessions held in October 2017, which were attended by around
70 representatives from the public sector, civil society, academia and industry.
8.3 The consultation received 38 formal responses. Feedback on the draft instrument was
received from a variety of respondents, including local authorities, energy and water
industry representatives, and other representative groups. In general, respondents felt
that the objectives were well-described on the face of the instrument, and that the lists
of bodies specified to use each objective under Schedules 4-6 of the Act were
appropriately targeted.
8.4 The Government’s response addresses concerns expressed by the British Medical
Association and the General Medical Council regarding the inclusion of health-related
criteria under the multiple disadvantages objective because of the commitments the
government has given on the use of information from non-devolved health and adult

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 social care bodies. The Government noted these concerns and reiterated its position
that health and adult social care bodies are not included in the list of specified persons
permitted to use the new powers in England and for non-devolved activities.
Arrangements for information-sharing under this instrument therefore cannot include
health and adult social care bodies in England or for non-devolved activities.
8.5 Further details on the views of respondents to the consultation, together the
Government’s response to that consultation can be found at the following link:
https://www.gov.uk/government/consultations/digital-economy-act-part-5-data-
sharing-codes-and-regulations
8.6 Paper copies can be obtained by writing to:
Data Policy and Governance Team
Department for Digital, Culture, Media & Sport
Digital and Technology Directorate
100 Parliament Street, London, SW1A 2BQ

9. Guidance
9.1 All operational activity governed by this instrument and Chapter 1 of the Act will be
subject to a statutory code of practice (Draft Information Sharing Code of Practice:
Public Service Delivery, Debt and Fraud), which is being laid in draft at the same
time as this instrument and requires approval by both Houses before it is issued.

10. Impact
10.1 There is no impact on business, charities or voluntary bodies.
10.2 There is no impact on the public sector.
10.3 An Impact Assessment has not been prepared for this instrument.

11. Regulating small business

11.1 The legislation does not apply to activities that are undertaken by small businesses.

12. Monitoring & review

12.1 Part 5 of the Act is subject to policy review after three years. An assessment of the
effectiveness of Chapter 1 will be submitted to the relevant Minister annually
following the commencement of this instrument.

13. Contact
13.1 Lee Pope in the Data Policy team within the Department for Digital, Culture, Media
and Sport on 07984 114737 or email: [email protected] can answer any
queries regarding the instrument.

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 Annex A

Specified Persons Reasons for including in the Schedule

Multiple Disadvantages
the persons specified at paragraphs 1 to 5, 7 to 8, 10 to 16, 18 to 25, 29 to 34, 40 to 47
and 49 to 51 of Schedule 4 to the Act

1. The Secretary of State for the Home Office holds data which can identify
Home Department. individuals and families affected by one or more
factors which give rise to multiple disadvantages
such as alcohol and drug abuse.

2. The Secretary of State for Ministry of Defence holds data, such as

Defence. educational grants and housing benefit grants to
service personnel, which is relevant to identify
service personnel and their families that are
affected by multiple disadvantages.

3. The Lord Chancellor. Ministry of Justice holds data (such as the Police
National Computer) which can identify individuals
4. The Secretary of State for and families that are affected by one or more
Justice. factors which give rise to multiple disadvantages.

In relation to the Lord Chancellor and the

Secretary of State for Justice - although the
expectation now is that these offices will be held
by the same person, this could change in the future.
Currently the holder of these offices has functions
conferred on the Lord Chancellor and functions
conferred on the Secretary of State. We therefore
need to refer to these offices separately. Both will
have the same power to disclose and receive
information.

5. The Secretary of State for Educational institutions for ‘school aged children'
Education. are included in the Schedule as improving school
attendance is a key aim of the Troubled Families
programme.

7. The Secretary of State for Work Department for Work and Pensions holds benefits
and Pensions. data relevant to identifying individuals and
households that are affected by multiple
disadvantages.

8. The Secretary of State for Ministry of Housing, Communities and Local

Housing, Communities and Local Government is responsible for identifying
Government. individuals or households who face multiple
disadvantages and enabling the improvement or

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 targeting of public services to such individuals or
households and providing for the monitoring and
evaluation of related programmes and initiatives.
The Troubled Families Programme requires data to
be shared by bodies for this purpose; otherwise
they will not be able to deliver this programme and
others which meet the public service delivery
objectives of the Act.

10. Her Majesty’s Revenue and HMRC holds property, benefits and social security
Customs. data relevant to identifying individuals and
households that are affected by multiple
disadvantages.

11. A county council in England. Local authorities deliver a wide range of services
to individuals and households, including the
12. A district council in England. Troubled Families programme, which will assist in
identifying individuals and households that are
affected by multiple disadvantages.
13. A London borough council.

14. A combined authority

established under section 103 of
the Local Democracy, Economic
Development and Construction Act
2009.

15. The Common Council of the

City of London in its capacity as a
local authority

16. The Council of the Isles of

Scilly.

18. A metropolitan county fire and These authorities hold data on vulnerable persons
rescue authority. in local areas. They are likely to come into contact
with individuals and households that are affected
19. The London Fire by multiple disadvantages and are a key part of
Commissioner. multi-agency working. These authorities work
closely with local authorities and other partners,
20. A fire and rescue authority in often contributing to both the strategic leadership
England constituted by a scheme and operational support for the Troubled Families
under section 2 of the Fire and Programme.
Rescue Services Act 2004 or a
scheme to which section 4 of that
Act applies.

21. A fire and rescue authority

created by a scheme under section
4A of the Fire and Rescue Services
Act 2004.

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 22. A chief officer of police for a
police area in England and Wales.

23. The proprietor of a school Educational institutions for ‘school aged children'
within the meaning of the are included in the Schedule as improving school
Education Act 1996. attendance is a key aim of the Troubled Families
programme.
24. The proprietor of an Academy
within the meaning of that Act.

25. The responsible person in

relation to an educational
institution as defined by section
72(5) of the Education and Skills
Act 2008 (other than a person
within paragraph 23 or 24).

29. The Welsh Ministers. In support of devolved government in Wales as

well as cross-border collaboration.

30. The Counsel General to the In support of devolved government in Wales as

Welsh Government. well as cross-border collaboration. The Counsel
General is the chief legal adviser to the Welsh
Government.

31. The Welsh Revenue Authority. The Welsh Revenue Authority holds property,
benefits and social security data relevant to
identifying individuals and households that are
affected by multiple disadvantages.

32. A county council in Wales. These bodies hold data on vulnerable persons in
Welsh local authority areas. They are likely to
33. A county borough council in come into contact with individuals and households
Wales. that are affected by multiple disadvantages and are
a key part of multi-agency working. Local
34. A community council in authorities work closely with other partners, often
Wales. contributing to both the strategic leadership and
operational support for the Troubled Families
Programme.

40. A fire and rescue authority These authorities hold data on vulnerable
constituted by a scheme under customers in local areas. They are likely to come
section 2 of the Fire and Rescue into contact with individuals and households that
Services Act 2004, or a scheme to are affected by multiple disadvantages and are a
which section 4 of that Act applies, key part of multi-agency working. In some areas
for an area in Wales. in England, fire and rescue authorities work
closely with local authorities and other partners,
often contributing to both the strategic leadership
and operational support for the Troubled Families
Programme.

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 41. Career Choices Dewis Gyrfa Careers Wales supports young people directly, and
Ltd (company number 07442837, provides a number of key services including
operating as Careers Wales). careers information, advice and guidance. Their
inclusion means they will be in a position to
support individuals who are not in employment,
education or training, by sharing data with other
public bodies (such as Department for Work and
Pensions).

42. The governing body of an These bodies hold data on vulnerable persons in
educational establishment local areas. They are likely to come into contact
maintained by a Welsh local with individuals and households that are affected
authority (within the meaning of by multiple disadvantages and are a key part of
section 162 of the Education and multi-agency working. Educational bodies work
Inspections Act 2006). closely with other partners, often contributing to
both the strategic leadership and operational
43. The governing body of an support for the Troubled Families Programme.
institution in Wales within the
further education sector (within the
meaning of section 91(3) of the
Further and Higher Education Act
1992) whose activities are carried
on, or principally carried on, in
Wales.

44. The governing body of an

institution in Wales within the
higher education sector (within the
meaning of section 91(5) of the
Further and Higher Education Act
1992) whose activities are carried
on, or principally carried on, in
Wales.

45. A regulated institution within

the meaning of the Higher
Education (Wales) Act 2015
(ignoring section 26 of that Act)
other than an institution within the
higher education sector (within the
meaning of section 91(5) of the
Further and Higher Education Act
1992).

46. The Natural Resources Body Natural Resources Wales is a category 1 responder
for Wales. during natural disasters like flooding, and thus
would benefit from data on potentially vulnerable
households and also to be able to share data about
households affected with other public sector
partners.

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 47. A registered social landlord Registered Social Landlords Wales will have
being a body registered in the considerable data about their tenants, which could
register maintained under section 1 be shared with other bodies to identify individuals
of the Housing Act 1996. or households in need and refer them to services or
schemes which could assist them. In some cases,
services may be attached to social landlords or
housing associations – for example, Advocacy
support for victims of domestic violence.

49. The Scottish Ministers. In support of devolved government in Scotland as

well as cross-border collaboration.

50. A council constituted under Local authorities deliver a wide range of services
section 2 of the Local Government to individuals and households, including the
etc. (Scotland) Act 1994([1]). ([1]) Troubled Families programme.
1994 c.39.

51. The Skills Development The Skills Development Scotland Co. Limited
Scotland Co. Limited (company (“SDS”) seeks to receive data from Her Majesty’s
registration number SC202659). Revenue and Customs on the employment status of
individual young people to improve the way it
designs and delivers services to the 16-24 age
group who are not in employment, education or
training. Employment information will
complement other data held by SDS to assist it in
targeting their resource on those who need the
most support.

52. A person providing services in Service providers may administer, monitor,

connection with a specified enforce or deliver fuel poverty schemes on behalf
objective (within the meaning of of public authorities, and will therefore hold
section 35) to a specified person information relevant to identifying individuals and
who— households who are affected by multiple
(a) falls within this Part of this disadvantages.
Schedule; and
(b) is a public authority.

Television retuning
the persons specified at paragraphs 2, 7, 11 to 17, 29 to 34, 47 and 50 of Schedule 4 to
the Act

2. The Secretary of State for Ministry of Defence holds veterans’ data which
Defence. may be required to confirm those eligible for
further support under the scheme.

7. The Secretary of State for Work Department for Work & Pensions holds benefits
and Pensions. data which may be required to confirm those
eligible for further support under the scheme.

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11. A county council in England. These authorities hold data on customers in local
areas which may be required to confirm those
12. A district council in England. eligible for further support under the scheme.

13. A London borough council.

14. A combined authority

established under section 103 of
the Local Democracy, Economic
Development and Construction Act
2009.

15. The Common Council of the

City of London in its capacity as a
local authority

16. The Council of the Isles of

Scilly.

17. The Greater London Authority.

29. The Welsh Ministers. In support of devolved government in Wales as

well as cross-border collaboration.

30. The Counsel General to the In support of devolved government in Wales as

Welsh Government. well as cross-border collaboration. The Counsel
General is the chief legal adviser to the Welsh
Government.

31. The Welsh Revenue Authority. The Welsh Revenue Authority holds property,
benefits and social security data relevant to
identify those eligible for further support under the
scheme.

32. A county council in Wales. These authorities hold data which may be required
to confirm those eligible for further support under
33. A county borough council in the scheme.
Wales.

34. A community council in

Wales.

47. A registered social landlord If a household is identified as in need of specific

being a body registered in the support which may include new equipment,
register maintained under section 1 landlord approval may be required – in these
of the Housing Act 1996. instances, it would be beneficial if that approval
could be sought and communicated directly with

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 the landlord if that is a Registered Social Landlord.

50. A council constituted under Holds data which may be required to confirm those
section 2 of the Local Government eligible for further support under the scheme.
etc. (Scotland) Act 1994([1]). ([1])
1994 c.39.

Fuel Poverty
the persons specified at paragraphs 6 to 8, 10 to 21, 26 to 27 and 29 to 34, 40, 42 to 47
and 49 to 50 of Schedule 4 to the Act

6. The Secretary of State for Department for Business, Energy & Industrial
Business, Energy & Industrial Strategy would use the data sharing powers to
Strategy. access social security and property characteristics
data from other government departments (eg from
Department for Work and Pensions and Valuation
Office Agency) to identify individuals and
households at risk of fuel poverty who are eligible
to receive support from fuel poverty policies.

7. The Secretary of State for Work Department for Work and Pensions holds benefits
and Pensions. data relevant to identify households living in fuel
poverty.

8. The Secretary of State for This would give access to Ministry for Housing,
Housing, Communities and Local Communities and Local Government data on
Government. Energy Performance Certificates (EPCs), which
can be helpful to identify customers in fuel
poverty.

10. Her Majesty’s Revenue and HMRC holds property, benefits and social security
Customs. data relevant to identifying individuals and
households living in fuel poverty.

11. A county council in England. Local authorities can play a central role in the
delivery of fuel poverty schemes. They also hold
12. A district council in England. information relevant to fuel poverty and health.

13. A London borough council.

14. A combined authority

established under section 103 of
the Local Democracy, Economic
Development and Construction Act
2009.

15. The Common Council of the

City of London in its capacity as a

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local authority

16. The Council of the Isles of

Scilly.

18. A metropolitan county fire and These authorities hold data on vulnerable
rescue authority. customers in local areas, who may be at risk of fuel
poverty; therefore data-sharing can help local and
19. The London Fire national targeting of fuel poverty policies.
Commissioner.

20. A fire and rescue authority in

England constituted by a scheme
under section 2 of the Fire and
Rescue Services Act 2004 or a
scheme to which section 4 of that
Act applies.

21. A fire and rescue authority

created by a scheme under section
4A of the Fire and Rescue Services
Act 2004.

26. The Gas and Electricity Ofgem is the administrator of the Energy Company
Markets Authority. Obligation and Warm Home Discount schemes,
and need access to data for auditing and
enforcement purposes.

27. The Chief Land Registrar This would give access to data on property
characteristics in the Land Registry, which can be
helpful in targeting fuel poverty policies.

29. The Welsh Ministers. In support of devolved government in Wales as

well as cross-border collaboration.

30. The Counsel General to the In support of devolved government in Wales as

Welsh Government. well as cross-border collaboration. The Counsel
General is the chief legal adviser to the Welsh
Government.

31. The Welsh Revenue Authority. The Welsh Revenue Authority holds property,
benefits and social security data relevant to
identify households living in fuel poverty.

32. A county council in Wales. Local authorities can play a central role in the
delivery of fuel poverty schemes. They also hold
33. A county borough council in information relevant to fuel poverty and health.
Wales.

34. A community council in

Wales.

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 40. A fire and rescue authority Fire and rescue services, through their home visits
constituted by a scheme under and fire safety checks, have a role to play in
section 2 of the Fire and Rescue identifying householders who need support with
Services Act 2004, or a scheme to energy efficiency improvements, and live in a cold
which section 4 of that Act applies, home. There are examples of this already
for an area in Wales. happening across the country.

42. The governing body of an Welsh educational establishments: schools,

educational establishment colleges and universities gather considerable
maintained by a Welsh local information about their students and in many cases
authority (within the meaning of will have data or become aware that a household is
section 162 of the Education and living in fuel or water poverty. Their ability to
Inspections Act 2006). share that information with appropriate public
sector partners to ensure people are supported
43. The governing body of an would be of value.
institution in Wales within the
further education sector (within the
meaning of section 91(3) of the
Further and Higher Education Act
1992) whose activities are carried
on, or principally carried on, in
Wales.

44. The governing body of an

institution in Wales within the
higher education sector (within the
meaning of section 91(5) of the
Further and Higher Education Act
1992) whose activities are carried
on, or principally carried on, in
Wales.

45. A regulated institution within

the meaning of the Higher
Education (Wales) Act 2015
(ignoring section 26 of that Act)
other than an institution within the
higher education sector (within the
meaning of section 91(5) of the
Further and Higher Education Act
1992).

46. The Natural Resources Body Natural Resources Wales is the principal responder
for Wales. to around 9,000 reported environmental incidents
each year. As such, they are privy to location-
specific information which could be used to
identify those living in fuel poverty, or where
support is needed around energy or fuel-efficiency
and which could be usefully shared with other
public bodies.

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 47. A registered social landlord Registered Social Landlords Wales will have
being a body registered in the considerable data about their tenants and the
register maintained under section 1 energy efficiency of their homes, which could be
of the Housing Act 1996. shared with other bodies to identify those in need
and refer them to services or schemes which could
assist them.

49. The Scottish Ministers. In support of devolved government in Scotland as

well as cross-border collaboration.

50. A council constituted under Local authorities can play a central role in the
section 2 of the Local Government delivery of fuel poverty schemes. They also hold
etc. (Scotland) Act 1994([1]). ([1]) information relevant to fuel poverty and health.
1994 c.39.

Water Poverty
the persons specified at paragraphs 7 to 8, 10 to 17, 27, 29 to 34 and 42 to 47 of
Schedule 4 to the Act

7. The Secretary of State for Work Department for Work and Pension holds
and Pensions. information about households which claim
benefits. Receipt of certain benefits is an eligibility
criteria for a number of water poverty assistance
measures.

8. The Secretary of State for Ministry for Housing, Communities and Local
Housing, Communities and Local Government data would potentially provide
Government. information on future housing developments, and
on properties through the English Housing Survey
and information related to setting minimum water-
efficiency standards, which would help better
target schemes for customers in water poverty.

10. Her Majesty’s Revenue and HMRC holds information about households which
Customs. claim benefits. Receipt of certain benefits is an
eligibility criteria for a number of water poverty
assistance measures.

11. A county council in England. These authorities hold information on tenants in

receipt of benefits and wider council tax benefit
12. A district council in England. recipients. The list includes local authorities in
England, Wales and the Greater London Authority.
13. A London borough council.

14. A combined authority

established under section 103 of
the Local Democracy, Economic
Development and Construction Act

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2009.

15. The Common Council of the

City of London in its capacity as a
local authority

16. The Council of the Isles of

Scilly.

17. The Greater London Authority.

27. The Chief Land Registrar This would provide access to data on property
characteristics in the Land Registry, such as
whether housing is privately owned or social
housing, which can aid identification of
households that are potentially eligible for water
poverty support schemes.

In support of devolved government in Wales as

well as cross-border collaboration.
29. The Welsh Ministers.

In support of devolved government in Wales as

well as cross-border collaboration. The Counsel
General is the chief legal adviser to the Welsh
30. The Counsel General to the Government.
Welsh Government.

31. The Welsh Revenue Authority. The Welsh Revenue Authority holds information
about households which claim benefits. Receipt of
certain benefits is an eligibility criteria for a
number of water poverty assistance measures.

These authorities hold information on tenants in

32. A county council in Wales.
receipt of benefits and wider council tax benefit
33. A county borough council in recipients.The list includes local authorities in
Wales. England, Wales and the Greater London Authority.

34. A community council in

Wales.

42. The governing body of an Schools, colleges and universities gather

educational establishment considerable information about their students and
maintained by a Welsh local in many cases will have data or become aware that
authority (within the meaning of a household is living in fuel or water poverty.
section 162 of the Education and Their ability to share that information with
Inspections Act 2006). appropriate public sector partners to ensure people

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 43. The governing body of an are supported would be of value.
institution in Wales within the
further education sector (within the
meaning of section 91(3) of the
Further and Higher Education Act
1992) whose activities are carried
on, or principally carried on, in
Wales.

44. The governing body of an

institution in Wales within the
higher education sector (within the
meaning of section 91(5) of the
Further and Higher Education Act
1992) whose activities are carried
on, or principally carried on, in
Wales.

45. A regulated institution within

the meaning of the Higher
Education (Wales) Act 2015
(ignoring section 26 of that Act)
other than an institution within the
higher education sector (within the
meaning of section 91(5) of the
Further and Higher Education Act
1992).

46. The Natural Resources Body Natural Resources Wales have a number of
for Wales. functions relevant to protecting the environment
and people in Wales. They are also the principal
responder to around 9,000 reported environmental
incidents each year. As such, they are privy to
location-specific information which could be used
to identify those living in water poverty.

47. A registered social landlord There has been an uptake in the number of people
being a body registered in the accessing social tariffs schemes of the water
register maintained under section 1 companies recently, when landlords have been
of the Housing Act 1996. required to register details of the occupiers (or
become liable for the bills themselves). They will
have a data sharing contribution that will add to the
take-up of water-relief schemes.

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