PART VIMISCELLANEOUS AND GENERAL
Miscellaneous
Prohibition of disclosure of information76
1
If a person discloses information relating to any trade secret used in carrying on a particular undertaking and the information has been given to him or obtained by him under this Order he shall, subject to paragraph (2), be guilty of an offence and shall be liable on summary conviction to a fine not exceedingF1 level 5 on the standard scale.
2
A person shall not be guilty of an offence under paragraph (1) by virtue of the disclosure of any information if—
a
the disclosure is made—
i
in the performance of his duty, or
ii
under Article 57(1)( b), or
iii
with the consent in writing of a person having a right to disclose the information; or
b
the information is of a kind prescribed for the purposes of this sub-paragraph and, if regulations made for those purposes provide that information of that kind may only be disclosed under the regulations to prescribed persons, the disclosure is to a prescribed person.