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Fair Trading Act 1973

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133 General restrictions on disclosure of information.E+W+S+N.I.

(1)Subject to subsections (2) to (4) of this section, no information with respect to any particular business which has been obtained under or by virtue of the provisions (other than Part II) of this Act. . . . F1 shall, so long as that business continues to be carried on, be disclosed without the consent of the person for the time being carrying on that business.

(2)The preceding subsection does not apply to any disclosure of information which is made—

(a) for the purpose of facilitating the performance of any functions of the Director [F2the Director General of Telecommunications,][F3the Director General of Gas Supply,][F4the Civil Aviation Authority,][F5the Director General of Water Services,][F6the Director General of Electricity Supply,][F7the Director General of Electricity Supply for Northern Ireland][F8or the Director General of Gas for Northern Ireland][F9the Rail Regulator][F10the Authorised Conveyancing Practitioners Board, the Coal Authority], the Commission, the Secretary of State or any other Minister under this Act, F11. . . or [F12the M1 Estate Agents Act 1979, or][F13the M2 Competition Act 1980 [F2or the Telecommunications Act 1984 F14. . .,][F3or the Gas Act 1986,][F4or the Airports Act 1986,][F5or the Water Act 1989,][F15the Water Industry Act 1991 or any of the other consolidation Acts (within the meaning of section 206 of that Act of 1991)][F6or the Electricity Act 1989,][F16or the Electricity (Northern Ireland) Order 1992][F17or Part IV of the Airports (Northern Ireland) Order 1994][F18or the Broadcasting Act 1990,], or][F19the Control of Misleading Advertisements Regulations 1988][or the Gas (Northern Ireland) Order 1996][F9or the Railways Act 1993][F20or the Coal Industry Act 1994][F21or the Competition Act 1998][F22Part I of the Transport Act 2000 or][F23EC Competition Law (Articles 84 and 85) Enforcement Regulations 2001][F24or Chapter 2 of Part 18 of the Financial Services and Markets Act 2000]

(b)in pursuance of a Community obligation within the meaning of the M3European Communities Act 1972.

(3)Subsection (1) of this section does not apply to any disclosure of information which is made for the purposes of any proceedings before the Restrictive Practices Court or of any other legal proceedings, whether civil or criminal, under this Act, F11. . . [F25or the Control of Misleading Advertisement Regulations 1988].

(4)Nothing in subsection (1) of this section shall be construed—

(a)as limiting the matters which may be included in, or made public as part of, a report of the Advisory Committee or of the Commission;

(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F26; or

(c)as applying to any information which has been made public as part of such a report or as part of that register.

(5)Any person who discloses any information in contravention of this section shall be guilty of an offence and shall be liable—

(a)on summary conviction, to a fine not exceeding £400;

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

(6)In this section references to this Act shall be construed as including references to any enactment repealed by this Act.

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Amendments (Textual)

F8Words in s. 133(2)(a) inserted (N.I.) (10.6.1996) by 1996/275 (N.I. 2), art. 71(1) (with Sch. 7 paras. 2, 3(2)), Sch. 6; SR. 1996/216, art. 2

F10Words in s.133(2)(a) substituted for the words “or the Authorised Conveyancing Practitioners Board” (31.10.1994) by 1994 c. 21, s. 67, Sch. 9 para. 14(a); S.I. 1994/2553, art. 2

F11Words in s. 133(2)(a)(3) repealed (1.3.2000) by S.I. 2000/311, art. 9(5)

F14Words in s. 133(2)(a) repealed (1.12.2001) by S.I. 2001/3649, arts. 1, 285(2)

F20Words in s. 133(2)(a) inserted (31.10.1994) by 1994 c. 21, s. 67, Sch. 9 para. 14(b) (with s. 40(7)); S.I. 1994/2553, art. 2

F21Words inserted in s. 133(2)(a) (11.1.1999) by 1998 c. 41, s. 74(1), Sch. 12 para. 1(14) (with s. 73); S.I. 1999/3166, art. 2, Sch.

F22Words in s. 133(2)(a) inserted (1.2.2001) by 2000 c. 38, s. 97, Sch. 8 Pt. IV para. 11 (with s. 106); S.I. 2001/57, art. 3, Sch. 2 Pt. I (subject to transitional provision and saving in Sch. 2 Pt. II)

F23Words in s. 133(2)(a) substituted (17.8.2001) by S.I. 2001/2916, reg. 35(1) (with reg. 36)

F24Words in s. 133(2)(a) inserted (1.12.2001) by S.I. 2001/3649, arts. 1, 285(3)

Modifications etc. (not altering text)

C1S. 133 amended (E.W.S.) (1.3.1996) by 1986 c. 44, s. 36A(2) (as inserted (1.3.1996) by 1995 c. 45, s. 10(1), Sch. 3 para. 43; S.I. 1996/218, art. 2)

s. 133 amended (10.6.1996) by S.I. 1996/275, art. 23(2) (with Sch. 7 paras. 2, 3(2)); S.R. 1996/216, art. 2

C3S. 133(3): disclosure powers extended (14.12.2001) by 2001 c. 24, s. 17, Sch. 4 Pt. I para. 9

C4S. 133(4) amended (1.2.2001) by 2000 c. 38, s. 86(4)(a)(5) (with s. 106); S.I. 2001/57, art. 3, Sch. 2 Pt. I (subject to transitional provision and saving in Sch. 2 Pt. II)

Marginal Citations

M11979 c. 38(124:4).

M21980 c. 21(124:1).

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