This Order designates the Motor Fuel Price (Open Data) Regulations 2025 as specified subordinate legislation under Part 9 of the Enterprise Act 2002.
It subjects information obtained by public authorities via those regulations to statutory restrictions on disclosure concerning individuals and businesses.
Additionally, it authorizes public authorities to disclose such information to third parties to facilitate the exercise of certain statutory functions.
The Order applies to public authorities handling motor fuel pricing data across England, Wales, Scotland, and Northern Ireland.
Arguments For
The explanatory note states that the order is necessary to bring information obtained under the Motor Fuel Price (Open Data) Regulations 2025 within the statutory framework of Part 9 of the Enterprise Act 2002.
Proponents may argue that the order facilitates the lawful exchange of data between public authorities by specifying the regulations under section 241(3)(c) of the Act.
The document indicates that a full impact assessment was deemed unnecessary because the instrument is expected to have no significant impact on business costs.
Arguments Against
Legal commentators might note that expanding the scope of 'specified information' increases the volume of data subject to criminal sanctions for unauthorized disclosure under the Enterprise Act 2002.
Affected parties may express concern regarding the breadth of discretionary disclosure permitted between public authorities for the purpose of facilitating unspecified statutory functions.
Critics of delegated legislation might argue that using statutory instruments to expand the reach of primary legislation limits parliamentary scrutiny of data-sharing arrangements.
- —(1) This Order may be cited as the Enterprise Act 2002 (Part 9 Restrictions on Disclosure of Information) (Specification) Order 2026.
(2) This Order comes into force on 17th July 2026.
(3) This Order extends to England and Wales, Scotland and Northern Ireland.
This section establishes the official title of the statutory instrument and sets the date it becomes legally effective as 17th July 2026.
It further defines the territorial jurisdiction of the order, confirming it applies throughout the entire United Kingdom.
- The Motor Fuel Price (Open Data) Regulations 2025( 2 ) are specified for the purposes of sections 238(1)(c) and 241(3)(c) of the Enterprise Act 2002.
This section classifies the Motor Fuel Price (Open Data) Regulations 2025 as 'specified' legislation under the Enterprise Act 2002.
This classification brings data collected under those regulations into the legal definition of 'specified information,' which carries restrictions on how it can be shared.
It also permits the disclosure of this information between public authorities to assist in the performance of their legal duties.
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