Commentary on provisions of Act Section 9: Duty of regulator to provide information to regulator in another part of UK
This Section places a duty on regulators who operate in one or more of the four UK nations to share information, when requested, with their counterpart in another part of the UK (if such a regulator exists). This information must relate to an individual’s entitlement to practise that profession. For example, a regulator in one part of the UK could ask an equivalent regulator in another part of the UK for information relating to an individual’s fitness to practise. This could include, where applicable, any evidence of disciplinary action, professional sanctions, or criminal offences inside or outside of practise. This provision ensures that regulators in all parts of the UK have access to information that helps them fulfil their obligations.
	Subsection (1) specifies that this duty applies where the information relates to an individual entitled to practise a regulated profession in one part of the UK and this individual is seeking to practise the same or equivalent profession in another part of the UK.
	Subsection (2) sets out the conditions that must be met for information sharing to occur. A regulator in one part of the UK is only required to share information with their counterpart in another part of the UK if it is held by them, relates to a named individual, is requested by their counterpart or the individual in question, and will be used for the purposes of determining that individual’s entitlement to practise.
	Subsection (3) provides that information that is shared by regulators within the UK to comply with this provision does not breach confidentiality obligations or other restrictions on disclosure that are placed on the regulator.
	Subsection (4) explains that no provision in this Section requires information to be disclosed where to do so would breach data protection legislation, as defined in the Data Protection Act 2018, section 3(9). The obligations imposed in this Section are to be considered when determining whether any disclosure breaches that legislation.
	Subsection (5) defines the term "corresponding regulated profession" as used in this Section.