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The Statistics of Trade and Employment (Northern Ireland) Order 1988

Status:

This is the original version (as it was originally made).

Disclosure of information

7.—(1) No individual estimate or return, and no information relating to an individual undertaking, obtained by a Northern Ireland department under the foregoing provisions of this Order or under the Statistics of Trade Act (Northern Ireland) [1949 c. 7 (N.I.)] 1949 shall, without the previous consent in writing of the person carrying on the undertaking which is the subject of the estimate, return or information, be disclosed by any person except—

(a)in accordance with directions given by the Head of that Northern Ireland department—

(i)to another Government department for the purpose of the exercise by that department of its functions;

(ii)to a Community institution in pursuance of a Community obligation;

(iii)to a public body for the purpose of the exercise by that body of its functions;

(iv)to a consultant appointed by a Government department or by a public body for the purpose of enabling that consultant to advise, or report to, that Government department or public body on any matter related to the exercise by that department or body of its functions;

(b)for the purposes of any proceedings for an offence under this Order or any report of those proceedings.

(2) If any information to be obtained for the purposes of a census is also obtainable under any other statutory provision which restricts the disclosure of information obtained thereunder, and the Department is of opinion that similar restrictions should be applied to any information to be obtained for the purposes of the census, the Department shall by order provide for the application without modifications or with such adaptations or modifications as it thinks fit, of those restrictions to the information to be so obtained, or any part thereof, in addition to the restrictions imposed by this Article.

(3) Without prejudice to the provisions of paragraph (2), if it appears to the Department that—

(a)the nature of the information to be obtained for the purposes of a census; or

(b)the nature of the undertakings to be covered by a census, would make it desirable to impose restrictions on the disclosure of information obtained by means of the census additional to the restrictions imposed by this Article, the Department may by order prohibit the disclosure of information relating to particular undertakings obtained by means of the census, or any part of that information, except to such persons or for such purposes as may be specified in the order.

(4) Nothing in paragraph (1) or in any order under paragraph (2) or (3) shall prevent or penalise the disclosure of any estimate, return or information to a person engaged in maintaining, repairing or advising on the operation of a computer in which that estimate, return or information is stored.

(5) The following provisions shall have effect with respect to any report, summary or other communication to the public of information obtained under the foregoing provisions of this Order or under the Statistics of Trade Act (Northern Ireland) [1949 c. 7 (N.I.)] 1949—

(a)no such report, summary or communication shall disclose the number of returns received with respect to the production of any article if that number is less than five;

(b)subject to paragraph (6), any such report, summary or communication shall be so arranged as to prevent any particulars published therein from being identified as being particulars relating to any individual person or undertaking except with the previous consent in writing of that person or the person carrying on that undertaking, as the case may be.

(6) Paragraph (5)(b) shall not prevent the disclosure by a Northern Ireland department of the total quantity or value of any articles produced, sold or delivered, but before disclosing any such total that department shall have regard to any representations made to it by any person who alleges that the disclosure thereof would enable particulars relating to him or to an undertaking carried on by him to be deduced from the total disclosed.

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