Digital Switchover (Disclosure of Information) Act 2007
Encyclopedia
The Digital Switchover (Disclosure of Information) Act 2007 is an Act
of the Parliament of the United Kingdom
that allows social security
information to be passed to the BBC and related parties to help with the digital television switchover in the United Kingdom
.
was established and funded by the BBC to provide free advice to:
The intention of the Act was to help people receive assistance from the Scheme without having to go through a claims process. The UK switchover started in October 2007 in the town of Whitehaven
and the Act came too late to adequately prepare the town. The BBC, through their consultants Capita, had to resort to writing to all the town's residents to invite them to apply under the Scheme. The Act was supported by Help the Aged
, Age Concern
, the National Consumer Council, Royal National Institute for the Blind, Royal National Institute for the Deaf and the National Association of Citizens Advice Bureaux.
Further specification of the information that can be disclosed is given by Statutory Instrument
.
It is a crime
to disclose information received under the Act, other than in summary form. An offender can be sentence
d on summary conviction
to up to six months' imprisonment
and a fine of up to £
5,000. If convicted on indictment
in the Crown Court
and offender can be sentenced to up to two years' imprisonment and an unlimited fine.
If the offence is committed by a body corporate and with the consent or connivance of an officer, director
or manager
, that person is also guilty of an offence.
. The Isle of Man is a Crown dependency
and the power of the Parliament of the United Kingdom
to legislate for the dependency is a confused and controversial matter.
Act of Parliament
An Act of Parliament is a statute enacted as primary legislation by a national or sub-national parliament. In the Republic of Ireland the term Act of the Oireachtas is used, and in the United States the term Act of Congress is used.In Commonwealth countries, the term is used both in a narrow...
of the Parliament of the United Kingdom
Parliament of the United Kingdom
The Parliament of the United Kingdom of Great Britain and Northern Ireland is the supreme legislative body in the United Kingdom, British Crown dependencies and British overseas territories, located in London...
that allows social security
Social security
Social security is primarily a social insurance program providing social protection or protection against socially recognized conditions, including poverty, old age, disability, unemployment and others. Social security may refer to:...
information to be passed to the BBC and related parties to help with the digital television switchover in the United Kingdom
Digital switchover in the United Kingdom
Digital switchover is the name given to the process by which UK analogue broadcast television in an area is converted to digital television. It is sometimes referred to as "analogue switch off". For full details see UK Digital switchover....
.
Background
The Digital Switchover Help SchemeDigital Switchover Help Scheme
The Switchover Help Scheme is part of the digital television switchover process in the United Kingdom. Funded by an increase in the TV licence fee, and administered by the BBC on behalf of the Department for Culture, Media and Sport, it aims to ensure that up to 7 million households meeting its...
was established and funded by the BBC to provide free advice to:
- All households with one person aged 75 or over;
- All households with one person with a severe disability, being in receipt of Disability Living AllowanceDisability Living AllowanceDisability living allowance is a non-means-tested, non-contributory benefit which can be claimed by a UK resident aged under 65 years who has care and/or mobility needs as a result of a mental or physical disability...
, attendance allowanceAttendance allowanceAttendance allowance may refer to:*Attendance allowance - a per diem payment made to public representatives to cover costs of attending an assembly away from home...
or other equivalents under the industrial injuries disablement benefit scheme and pre-2005 war pension schemes; and - All households where at least one person is registered blindBlindnessBlindness is the condition of lacking visual perception due to physiological or neurological factors.Various scales have been developed to describe the extent of vision loss and define blindness...
or partially sighted.
The intention of the Act was to help people receive assistance from the Scheme without having to go through a claims process. The UK switchover started in October 2007 in the town of Whitehaven
Whitehaven
Whitehaven is a small town and port on the coast of Cumbria, England, which lies equidistant between the county's two largest settlements, Carlisle and Barrow-in-Furness, and is served by the Cumbrian Coast Line and the A595 road...
and the Act came too late to adequately prepare the town. The BBC, through their consultants Capita, had to resort to writing to all the town's residents to invite them to apply under the Scheme. The Act was supported by Help the Aged
Help the Aged
Help the Aged was a United Kingdom based, international charity, founded in 1961 by Cecil Jackson-Cole, to free disadvantaged older people from poverty, isolation and neglect. It merged with Age Concern in 2009 to form Age UK.-Organisation and campaigns:...
, Age Concern
Age Concern
Age Concern was the banner title used by a number of charitable organisations specifically concerned with the needs and interests of all older people based chiefly in the four countries of the United Kingdom....
, the National Consumer Council, Royal National Institute for the Blind, Royal National Institute for the Deaf and the National Association of Citizens Advice Bureaux.
Disclosure
Information on disability and age can only be disclosed for:- Identification of persons who may be eligible for help under the Scheme;
- Making contact with such persons with a view to the provision of such help; and
- Establishment of any person’s entitlement to such help.
Further specification of the information that can be disclosed is given by Statutory Instrument
Statutory Instrument
A Statutory Instrument is the principal form in which delegated or secondary legislation is made in Great Britain.Statutory Instruments are governed by the Statutory Instruments Act 1946. They replaced Statutory Rules and Orders, made under the Rules Publication Act 1893, in 1948.Most delegated...
.
It is a crime
Crime
Crime is the breach of rules or laws for which some governing authority can ultimately prescribe a conviction...
to disclose information received under the Act, other than in summary form. An offender can be sentence
Sentence (law)
In law, a sentence forms the final explicit act of a judge-ruled process, and also the symbolic principal act connected to his function. The sentence can generally involve a decree of imprisonment, a fine and/or other punishments against a defendant convicted of a crime...
d on summary conviction
Summary offence
A summary offence is a criminal act in some common law jurisdictions that can be proceeded with summarily, without the right to a jury trial and/or indictment .- United States :...
to up to six months' imprisonment
Imprisonment
Imprisonment is a legal term.The book Termes de la Ley contains the following definition:This passage was approved by Atkin and Duke LJJ in Meering v Grahame White Aviation Co....
and a fine of up to £
Pound sterling
The pound sterling , commonly called the pound, is the official currency of the United Kingdom, its Crown Dependencies and the British Overseas Territories of South Georgia and the South Sandwich Islands, British Antarctic Territory and Tristan da Cunha. It is subdivided into 100 pence...
5,000. If convicted on indictment
Indictable offence
In many common law jurisdictions , an indictable offence is an offence which can only be tried on an indictment after a preliminary hearing to determine whether there is a prima facie case to answer or by a grand jury...
in the Crown Court
Crown Court
The Crown Court of England and Wales is, together with the High Court of Justice and the Court of Appeal, one of the constituent parts of the Senior Courts of England and Wales...
and offender can be sentenced to up to two years' imprisonment and an unlimited fine.
If the offence is committed by a body corporate and with the consent or connivance of an officer, director
Board of directors
A board of directors is a body of elected or appointed members who jointly oversee the activities of a company or organization. Other names include board of governors, board of managers, board of regents, board of trustees, and board of visitors...
or manager
Management
Management in all business and organizational activities is the act of getting people together to accomplish desired goals and objectives using available resources efficiently and effectively...
, that person is also guilty of an offence.
Territorial extent
The Act purports to extend by an Order in Council to the Isle of ManIsle of Man
The Isle of Man , otherwise known simply as Mann , is a self-governing British Crown Dependency, located in the Irish Sea between the islands of Great Britain and Ireland, within the British Isles. The head of state is Queen Elizabeth II, who holds the title of Lord of Mann. The Lord of Mann is...
. The Isle of Man is a Crown dependency
Crown dependency
The Crown Dependencies are British possessions of the Crown, as opposed to overseas territories of the United Kingdom. They comprise the Channel Island Bailiwicks of Jersey and Guernsey in the English Channel, and the Isle of Man in the Irish Sea....
and the power of the Parliament of the United Kingdom
Parliament of the United Kingdom
The Parliament of the United Kingdom of Great Britain and Northern Ireland is the supreme legislative body in the United Kingdom, British Crown dependencies and British overseas territories, located in London...
to legislate for the dependency is a confused and controversial matter.
External links
- The Digital Switchover (Disclosure of Information) Act 2007, as amended from the National Archives.
- The Digital Switchover (Disclosure of Information) Act 2007, as originally enacted from the National Archives.
- Explanatory notes to the Digital Switchover (Disclosure of Information) Act 2007.