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The Consumer Protection (Northern Ireland) Order 1987

Status:

This is the original version (as it was originally made).

Restrictions on disclosure of information

29.—(1) Subject to paragraph (2), a person shall be guilty of an offence if he discloses any information—

(a)which was obtained by him in consequence of its being given to any person in compliance with any requirement imposed by regulations under Article 19;

(b)which was obtained by him in consequence of the exercise by any person of any power conferred by Part IV.

(2) Paragraph (1) shall not apply to a disclosure of information if the information is publicised information or the disclosure is made—

(a)for the purpose of facilitating the exercise of a relevant person’s functions under this Order or any enactment or subordinate legislation mentioned in paragraph (3);

(b)for the purposes of compliance with a Community obligation; or

(c)in connection with the investigation of any criminal offence or for the purposes of any civil or criminal proceedings.

(3) The enactments and subordinate legislation referred to in paragraph (2)(a) are—

(a)the Trade Descriptions Act 1968(1);

(b)Parts II and III and section 125 of the Fair Trading Act 1973(2);

(c)the Consumer Credit Act 1974(3);

(d)the Restrictive Trade Practices Act 1976(4);

(e)the Resale Prices Act 1976(5);

(f)the Estate Agents Act 1979(6);

(g)the Competition Act 1980(7);

(h)the Telecommunications Act 1984(8);

(i)any subordinate legislation made (whether before or after the passing of this Order) for the purpose of securing compliance with the Directive of the Council of the European Communities, dated 10th September 1984 (No. 84/450/EEC) on the approximation of the laws, regulations and administrative provisions of the member States concerning misleading advertising.

(4) In paragraph (2)(a) the reference to a person’s functions shall include a reference to any function of making, amending or revoking any regulations or order.

(5) A person guilty of an offence under this Article shall be liable—

(a)on summary conviction, to a fine not exceeding the statutory maximum;

(b)on conviction on indictment, to imprisonment for a term not exceeding two years or to a fine or to both.

(6) In this Article—

“publicised information” means any information which has been disclosed in any civil or criminal proceedings; and

“relevant person” means any of the following, that is to say—

(a)

a Northern Ireland department, head of such a department, Minister of the Crown or Government department;

(b)

the Monopolies and Mergers Commission, the Director General of Fair Trading or the Director General of Telecommunications.

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