Water Act 1989

174 General restrictions on disclosure of information. E+W

(1) Subject to the following provisions of this section, no information with respect to any particular business which—

(a) has been obtained by virtue of any of the provisions of this Act; and

(b) relates to the affairs of any individual or to any particular business,

shall, during the lifetime of that individual or so long as that business continues to be carried on, be disclosed without the consent of that individual or the person for the time being carrying on that business.

(2) Subsection (1) above does not apply to any disclosure of information which is made—

(a) for the purpose of facilitating the carrying out by the Secretary of State, the Minister, [F1 the Environment Agency, the Scottish Environment Protection Agency], [F2 the Director][F2 the Water Services Regulation Authority, the Consumer Council for Water] , the [F3 Competition Commission] or a local authority of any of his, its or, as the case may be, their functions by virtue of this Act [F4 or any of the water consolidation Acts] [F5 , the Environment Act 1995 or the Water Act 2003] ;

(b) for the purpose of facilitating the performance by a water undertaker [F6 , sewerage undertaker or company holding a licence under Chapter 1A of Part 2 of the Water Industry Act 1991] of any of the duties imposed on it by or under this Act [F4 or any of the water consolidation Acts];

[F7 (c) in pursuance of any duty imposed by section 197(1)(a) or (2) or [F8 203(1), (1A), (2) or (2A)] of the Water Resources Act 1991 [F9 or section 27H of the Water Industry Act 1991] ;]

(d) for the purpose of facilitating the carrying out by—

(i) any Minister of the Crown;

[F10 (ii) the Office of Fair Trading;]

(iii) the [F3 Competition Commission];

(iv) [F11 the Office of Communications];

(v) the Civil Aviation Authority;

(vi) the Director General of Gas Supply;

(vii) the Director General of Electricity Supply; or

(viii) a local weights and measures authority in England and Wales,

of any of his, its or, as the case may be, their functions under any of the enactments or instruments specified in subsection (3) below;

[F12 (e) for the purpose of enabling or assisting the Secretary of State, the Treasury or the Financial Services Authority to exercise any powers conferred by or under the Financial Services and Markets Act 2000 or by the enactments relating to companies or insolvency;

(ea) for the purpose of enabling or assisting any inspector appointed under enactments relating to companies to carry out his functions;]

(f) for the purpose of enabling an official receiver to carry out his functions under the enactments relating to insolvency or for the purpose of enabling or assisting a recognised professional body for the purposes of section 391 of the M1 Insolvency Act 1986 to carry out its functions as such;

(g) for the purpose of facilitating the carrying out by the Health and Safety Commission or the Health and Safety Executive of any of its functions under any enactment or of facilitating the carrying out by any enforcing authority, within the meaning of Part I of the M2 Health and Safety at Work etc. Act 1974, of any functions under a relevant statutory provision, within the meaning of that Act;

(h) for the purpose of facilitating the carrying out by the Comptroller and Auditor General of any of his functions under any enactment;

(i) in connection with the investigation of any criminal offence or for the purposes of any criminal proceedings;

(j) for the purposes of any civil proceedings brought under or by virtue of this Act [F13 , any of the water consolidation Acts][F14 , the Environment Act 1995] [F15 , the Water Act 2003] or any of the enactments or instruments specified in subsection (3) below or of any arbitration under this Act [F16 or any of those Acts]; or

(k) in pursuance of a Community obligation.

(3) The enactments and instruments referred to in subsection (2) above are—

(a) the M3 Trade Descriptions Act 1968;

(b) the M4 Fair Trading Act 1973;

(c) the M5 Consumer Credit Act 1974;

F17 (d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F17 (e) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(f) the M6 Estate Agents Act 1979;

(g) the M7 Competition Act 1980;

(h) the M8 Telecommunications Act 1984;

(i) the M9 Airports Act 1986;

(j) the M10 Gas Act 1986;

(k) the M11 Consumer Protection Act 1987;

(l) the Electricity Act 1989;

[F18 (ll) the Competition Act 1998]

[F19 (lm) Part I of the Transport Act 2000.]

[F20 (ln) the Enterprise Act 2002;]

[F21 (lo) the Communications Act 2003;]

(m) any subordinate legislation made 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) Nothing in subsection (1) above shall be construed—

(a) as limiting the matters which may be published under [F22 section 201 of the Water Industry Act 1991] or may be included in, or made public as part of, a report of [F23 the Environment Agency, the Scottish Environment Protection Agency], the Director, [F24 the Consumer Council for Water (or any regional committee of that Council established under section 27A of the Water Industry Act 1991)] or the [F3 Competition Commission] under any provision of [F22 the water consolidation Acts][F25 or the Environment Act 1995]; or

(b) as applying to any information which has been so published or has been made public as part of such a report or to any information exclusively of a statistical nature.

(5) Any person who discloses any information in contravention of this section shall be guilty of an offence and 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) Subject to subsection (7) below, nothing in this section shall preclude the disclosure of information—

(a) if the disclosure is of information relating to a matter connected with the carrying out of the functions of a water undertaker or sewerage undertaker [F26 , or with the carrying on by a company holding a licence under Chapter 1A of Part 2 of the Water Industry Act 1991 of activities under its licence,] and is made by one Minister of the Crown or Government department to another; or

(b) if the disclosure is for the purpose of enabling or assisting any public or other authority for the time being designated for the purposes of this section by an order made by the Secretary of State to discharge any functions which are specified in the order.

(7) The power to make an order under subsection (6) above shall be exercisable by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament; and where such an order designates an authority for the purposes of paragraph (b) of that subsection, the order may—

(a) impose conditions subject to which the disclosure of information is permitted by virtue of that paragraph; and

(b) otherwise restrict the circumstances in which disclosure is so permitted.

[F27 (8) in this section “the water consolidation Acts” means the Water Resources Act 1991, the Water Industry Act 1991, the Statutory Water Companies Act 1991, the Land Drainage Act 1991 and the Water Consolidation (Consequential Provisions) Act 1991.]

Textual Amendments

F1 Words in s. 174(2)(a) substituted (1.4.1996) by S.I. 1996/593, reg. 3, Sch. 2 para. 3(2)(a)

F2 Words in s. 174(2)(a) substituted (1.4.2004) by Water Act 2003 (c. 37), s. 105(3), Sch. 7 para. 26(2)(a)(i)(b); S.I. 2004/641, art. 3(y), Sch. 2 (with Sch. 3 para. 7)

F3 Words in s. 174(2)(a)(d)(iii)(4)(a) substituted (1.4.1999) by S.I. 1999/506, art. 25

F4 Words inserted by Water Consolidation (Consequential Provisions) Act 1991 (c. 60, SIF 130), s. 2, Sch. 1 para. 50(2)(a)

F5 Words in s. 174(2)(a) substituted (1.4.2004) by Water Act 2003 (c. 37), s. 105(3), Sch. 7 para. 26(2)(a)(i)(b); S.I. 2004/641, art. 3(y), Sch. 2 (with Sch. 3 para. 7)

F6 Words in s. 174(2)(b) substituted (1.12.2005) by Water Act 2003 (c. 37), s. 105(3), Sch. 8 para. 1(2); S.I. 2005/2714, art. 3(c)

F7 S. 174(2)(c) substituted by Water Consolidation (Consequential Provisions) Act 1991 (c. 60, SIF 130), s. 2, Sch. 1 para. 50(2)(b)

F8 Words in s. 174(2)(c) substituted (1.12.2005) by Water Act 2003 (c. 37), s. 105(3), Sch. 8 para. 1(3); S.I. 2005/2714, art. 3(c)

F9 Words in s. 174(2)(c) substituted (1.10.2005) by Water Act 2003 (c. 37), s. 105(3), Sch. 7 para. 26(2)(a)(ii); S.I. 2005/2714, art. 2(l)(bb)(iv)

F10 S. 174(2)(d)(ii) substituted (1.4.2003) by Enterprise Act 2002 (c. 40), s. 279, Sch. 25 para. 19(2)(a); S.I. 2003/766, art. 2, Sch. (with art. 3) (as amended (20.7.2007) by S.I. 2007/1846, reg. 3(2), Sch.)

F11 S. 174(2)(d)(iv) substituted (25.7.2003 for specified purposes, 29.12.2003 in so far as not already in force) by Communications Act 2003 (c. 21), s. 411(2), Sch. 17 para. 96(2) (with Sch. 18); S.I. 2003/1900, arts. 1(2), 2(1), Sch. 1 (with art. 3) (as amended by S.I. 2003/3142, art. 1(3)); S.I. 2003/3142, art. 3(2) (with art. 11)

F12 S. 174(2)(e)(ea) substituted (1.12.2001) for s. 174(2)(e) by S.I. 2001/3649, arts. 1, 316

F13 Words inserted by Water Consolidation (Consequential Provisions) Act 1991 (c. 60, SIF 130), s. 2, Sch. 1 para. 50(2)(c)

F14 Words in s. 174(2)(j) inserted (1.4.1996) by S.I. 1996/593, reg. 3, Sch. 2 para. 3(3)

F15 Words in s. 174(2)(j) inserted (1.4.2004) by Water Act 2003 (c. 37), s. 105(3), Sch. 7 para. 26(2)(a)(iii); S.I. 2004/641, art. 3(y), Sch. 2 (with Sch. 3 para. 7)

F16 Words inserted by Water Consolidation (Consequential Provisions) Act 1991 (c. 60, SIF 130), s. 2, Sch. 1 para. 50(2)(c)

F17 S. 174(3)(d)(e) repealed (1.3.2000) by 1998 c. 41, s. 66(5), Sch. 10 Pt. IV para. 11(a), Sch. 14 Pt. I (with s. 73); S.I. 2000/344, art. 2, Sch.

F18 S. 174(3)(ll) inserted (11.1.1999) by 1998 c. 41, s. 66(5), Sch. 10 Pt. IV para. 11(b) (with s. 73); S.I. 1998/3166, art. 2, Sch.

F19 S. 174(3)(lm) inserted (21.12.2001) by S.I. 2001/4050, art. 2, Sch. Pt. IV para. 20

F20 S. 174(3)(ln) inserted (1.4.2003) by Enterprise Act 2002 (c. 40), s. 279, Sch. 25 para. 19(2)(b); S.I. 2003/766, art. 2, Sch. (with art. 3) (as amended (20.7.2007) by S.I. 2007/1846, reg. 3(2), Sch.)

F21 S. 174(3)(lo) inserted (25.7.2003 for specified purposes, 29.12.2003 in so far as not already in force) by Communications Act 2003 (c. 21), s. 411(2), Sch. 17 para. 96(3) (with Sch. 18); S.I. 2003/1900, arts. 1(2), 2(1), Sch. 1 (with art. 3) (as amended by S.I. 2003/3142, art. 1(3)); S.I. 2003/3142, art. 3(2) (with art. 11)

F22 Words substituted by Water Consolidation (Consequential Provisions) Act 1991 (c. 60, SIF 130), s. 2, Sch. 1 para. 50(2)(d)

F23 Words in s. 174(4)(a) substituted (1.4.1996) by S.I. 1996/593, reg. 3, Sch. 2 para. 3(4)(a)

F24 Words in s. 174(4)(a) substituted (1.10.2005) by Water Act 2003 (c. 37), s. 105(3), Sch. 7 para. 26(2)(b)(ii); S.I. 2005/2714, art. 2(l)(bb)(iv)

F25 Words in s. 174(4)(a) added (1.4.1996) by S.I. 1996/593, reg. 3, Sch. 2 para. 3(4)(b)

F26 Words in s. 174(6)(a) inserted (1.4.2004) by Water Act 2003 (c. 37), s. 105(3), Sch. 8 para. 1(4); S.I. 2004/641, art. 3(y), Sch. 2 (with Sch. 3 para. 7)

F27 S. 174(8) inserted by Water Consolidation (Consequential Provisions) Act 1991 (c. 60, SIF 130), s. 2, Sch. 1 para. 50(2)(e)

Marginal Citations

M1 1986 c. 45.

M2 1974 c. 37.

M3 1968 c. 29.

M4 1973 c. 41.

M5 1974 c. 39.

M6 1979 c. 38.

M7 1980 c. 21.

M8 1984 c. 12.

M9 1986 c. 31.

M10 1986 c. 44.

M11 1987 c. 43.