4 Obtaining and disclosure of information by the Commission and Agencies etc.E+W+S
(1),(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F1
(3)Nothing in section 9 of [F2Statistics of Trade Act 1947] (which restricts the disclosure of information obtained under that Act) shall prevent or penalise—
(a),(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F3
[F4(c)the disclosure by the Secretary of State [F5or the Chancellor of the Exchequer] to a board of relevant information;]
(d)the disclosure by either of the Agencies to the Commission or the other Agency or a board of relevant information which is of a kind specified in a notice in writing given to the disclosing Agency and the recipient of the information by the Secretary of State [F5or the Chancellor of the Exchequer] in pursuance of this paragraph;
(e)the disclosure by the Secretary of State [F5or the Chancellor of the Exchequer], . . . F6the Commission or either of the Agencies of relevant information, consisting of the name and address of any establishment, the numbers of persons of different descriptions employed there and the nature of the activities carried on there, to
[F7(i) any person who is or is to be engaged in the carrying out on behalf of the Secretary of State [F5 or the Chancellor of the Exchequer ] . . . F8 of any research or survey relating to matters connected with training for employment, with industrial relations or otherwise with employment or unemployment; or ]
[F7(ii)]an officer of any of the following bodies who is authorised by that body to receive the information, namely, F9. . . a local planning authority within the meaning of [F10the Town and Country Planning Act 1990] or [F11a planning authority within the meaning of the Town and Country Planning (Scotland) Act 1997]. . . F12.... and a development corporation within the meaning of the M1New Towns Act 1965 or the M2New Towns (Scotland) Act 1968;
[F13(iii)an officer of the National Assembly for Wales who is authorised by that body to receive the information for the purposes of its functions under the Welsh Development Agency Act 1975]
(f)the disclosure by the Secretary of State [F5or the Chancellor of the Exchequer] , . . . F14of statistics compiled wholly or partly from relevant information about the numbers of persons employed in any activity or area.
[F15(3A)Where the Secretary of State [or the Chancellor of the Exchequer] discloses information to a board or any other person under subsection (3)(c) or (f ) of this section, he shall give a notice in writing to that person specifying the purposes for which the information may be used.]
(4)In the preceding subsection—
“a board” means an industrial training board [F16established under section 1 of the Industrial Training Act 1964 or section 1 of the Industrial Training Act 1982]; and
“relevant information” means information obtained under the said Act of 1947;
and any reference in that subsection to the Secretary of State [F5or the Chancellor of the Exchequer], a government department . . . F17, . . . F18or such a board includes respectively a reference to an officer of his or of that body and also, in the case of a reference to such a board, a reference to any committee appointed by the board, to any officer of such a committee and to any person entitled to take part in proceedings of the board.
(5)A person to whom information is disclosed in pursuance of subsection (3) of this section shall not use the information for a purpose other than—
(a),(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F19
(c)in a case falling within paragraph (c) . . . F20or (f) of that subsection, a purpose specified in the notice given with respect to the information in pursuance of [F21subsection (3A) of this section];
[F22(cc)in the case of information given to such a person as is mentioned in paragraph (e)(i) of that subsection, a purpose related to the carrying out of the research or survey in the carrying out of which that person is or is to be engaged;]
(d)in the case of information given to an officer of F9. . . a local planning authority, the purposes of the functions conferred on the authority F9. . . by Part II of [F23the said Act of 1990] or [F241997] (which relate to development plans);
F25(dd). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
[F26(dd)in the case of information given to an officer of the [F27National Assembly for Wales], the purposes of functions [F28conferred on that body by the Welsh Development Agency Act 1975;]]
(e)in the case of information given to an officer of a development corporation, the purposes of functions conferred on the corporation by section 3 of the said Act of 1965 or 1968 (which relate to the laying out and development of new towns);
F29(f). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
and a person who contravenes the provisions of this subsection shall be guilty of an offence and liable on summary conviction to a fine of an amount not exceeding [F30level 5 on the standard scale].
(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F31
Textual Amendments
F1S. 4(1)(2) repealed by Employment Act 1989 (c. 38, SIF 43:1), s. 29(4), Sch. 7 Pt. I
F2Words substituted by Employment Act 1989 (c. 38, SIF 43:1), s. 29(3), Sch. 6 para. 9(2)(a)
F3S. 4(3)(a)(b) repealed by Employment Act 1989 (c. 38, SIF 43:1), s. 29(4), Sch. 7 Pt. I
F4S. 4(3)(c) substituted by Employment Act 1989 (c. 38, SIF 43:1), s. 29(3), Sch. 6 para. 9(2)(c)
F5Words in s. 4 inserted (1.1.1996) by S.I. 1995/2986, art. 11, Sch. para. 8
F6Words repealed by virtue of Employment Act 1989 (c. 38, SIF 43:1), s. 29(3)(4), Sch. 6 para. 9(2)(d), Sch. 7 Pt. I
F7Words inserted by Employment Act 1988 (c. 19, SIF 43:5), s. 28(1)
F8Words repealed by Employment Act 1989 (c. 38, SIF 43:1), s. 29(3)(4), Sch. 6 para. 9(2)(d), Sch. 7 Pt. I
F9Words in s. 4(3)(e)(ii), 4(5)(d) repealed (1.4.1994 in relation to England and Scotland and 1.4.1995 for all other purposes) by 1993 c. 19, s. 51, Sch. 10; S.I. 1993/2503, art. 2(3), Sch. 3.
F10Words substituted by Planning (Consequential Provisions) Act 1990 (c. 11, SIF 123:1, 2), s. 4, Sch. 2 para. 30(a)
F11Words in s. 4(3)(e) substituted (27.5.1997) by 1997 c. 11, ss. 4, 6(2), Sch. 2 para. 20(a)
F12Words in s. 4(3)(e)(ii) omitted (1.4.2006) by virtue of The Welsh Development Agency (Transfer of Functions to the National Assembly for Wales and Abolition) Order 2005 (S.I. 2005/3226), arts. 1(2), 7, Sch. 2 paras. 5(1) (with art. 3(1))
F13S. 4(3)(e)(iii) added (1.4.2006) by The Welsh Development Agency (Transfer of Functions to the National Assembly for Wales and Abolition) Order 2005 (S.I. 2005/3226), arts. 1(2), 7, Sch. 2 paras. 5(2) (with art. 3(1))
F14Words repealed by Employment Act 1989 (c. 38, SIF 43:1), s. 29(3)(4), Sch. 6 para. 9(2)(e), Sch. 7 Pt. I
F15S. 4(3A) inserted by Employment Act 1989 (c. 38, SIF 43:1), s. 29(3), Sch. 6 para. 9(3)
F16Words substituted by Industrial Training Act 1982 (c. 10, SIF 43:1), s. 20, Sch. 3 para. 3
F17Words repealed by Employment Act 1989 (c. 38, SIF 43:1), s. 29(4), Sch. 7 Pt. I
F18Words repealed by Employment and Training Act 1981 (c. 57, SIF 43:1), s. 11(2), Sch. 3
F19S. 4(5)(a)(b) repealed by Employment Act 1989 (c. 38, SIF 43:1), s. 29(4), Sch. 7 Pt. I
F20Words repealed by Employment Act 1989 (c. 38, SIF 43:1), s. 29(4), Sch. 7 Pt. I
F21Words substituted by Employment Act 1989 (c. 38, SIF 43:1), s. 29(3), Sch. 6 para. 9(4)
F22S. 4(5)(cc) inserted by Employment Act 1988 (c. 19, SIF 43:5), s. 28(2)
F23Words substituted by Planning (Consequential Provisions) Act 1990 (c. 11, SIF 123:1, 2), s. 4, Sch. 2 para. 30(b)
F24Words in s. 4(5)(d) substituted (27.5.1997) by 1997 c. 11, ss. 4, 6(2), Sch. 2 para. 20(b)
F25S. 4(5)(dd) (as inserted by section 11(6)(b) of the Scottish Development Agency Act 1975 and not as inserted by section 24(6)(b) of the Welsh Development Agency Act 1975) repealed (1.4.1991) by Enterprise and New Towns (Scotland) Act 1990 (c. 35, SIF 64), s. 38(2), Sch. 5 Pt. I
F26S. 4(5)(dd) inserted by Welsh Development Agency Act 1975 (c. 70), s. 24(6)(b)
F27Words in s. 4(5)(dd) substituted (1.4.2006) by The Welsh Development Agency (Transfer of Functions to the National Assembly for Wales and Abolition) Order 2005 (S.I. 2005/3226), arts. 1(2), 7, Sch. 2 paras. 5(3)(a) (with art. 3(1))
F28Words in s. 4(5)(dd) substituted (1.4.2006) by The Welsh Development Agency (Transfer of Functions to the National Assembly for Wales and Abolition) Order 2005 (S.I. 2005/3226), arts. 1(2), 7, Sch. 2 paras. 5(3)(b) (with art. 3(1))
F29S. 4(5)(f) repealed (1.10.1998) by 1998 c. 38, s. 152, Sch. 18 Pt. IV (with ss. 137(1), 139(2), 141(1), 143(2)); S.I. 1998/2244, art. 4
F30Words substituted by virtue of (E.W.) Criminal Justice Act 1982 (c. 48, SIF 39:1), ss. 38, 46 and (S.) Criminal Procedure (Scotland) Act 1975 (c. 21, SIF 39:1), ss. 289F, 289G
F31S. 4(6) repealed by Employment Act 1989 (c. 38, SIF 43:1), s. 29(4), Sch. 7 Pt. I
Modifications etc. (not altering text)
C1S. 4 functions made exercisable concurrently or jointly with the Welsh Ministers by 2006 c. 32, Sch. 3A para. 1 (as inserted (1.4.2018) by Wales Act 2017 (c. 4), s. 71(4), Sch. 4 para. 1 (with Sch. 7 paras. 1, 6); S.I. 2017/1179, reg. 3(p))
Marginal Citations