(1)This section applies to a person—
(a)who is or was an officer or employee of the [F2Gambling] Commission, or
(b)who acts or acted on behalf of the [F3Gambling] Commission.
(2)A person to whom this section applies commits an offence if he discloses information received from the Commissioners for Her Majesty's Revenue and Customs in contravention of section 4B(3) and the information relates to a person whose identity—
(a)is specified in the disclosure, or
(b)can be deduced from it.
(3)It is a defence for a person charged with an offence under this section of disclosing information to prove that he reasonably believed—
(a)that the disclosure was lawful, or
(b)that the information had already and lawfully been made available to the public.
(4)A person guilty of an offence under this section shall be liable—
(a)on conviction on indictment, to imprisonment for a term not exceeding two years, to a fine or to both, or
(b)on summary conviction, to imprisonment for a term not exceeding [F412 months] [F4the general limit in a magistrates’ court], to a fine not exceeding the statutory maximum or to both.
(5)In relation to a conviction occurring before [F52 May 2022] the reference in subsection (4)(b) to [F612 months] [F6the general limit in a magistrates’ court] shall have effect as if it were a reference to six months.
(6)In the application of this section to Scotland or Northern Ireland the reference in subsection (4)(b) to 12 months shall be taken as a reference to six months.]
Textual Amendments
F1Ss. 4B, 4C inserted (1.10.2006) by National Lottery Act 2006 (c. 23), ss. 2, 22(1); S.I. 2006/2630, art. 2(a)
F2Word in s. 4C(1)(a) substituted (1.10.2013) by The Public Bodies (Merger of the Gambling Commission and the National Lottery Commission) Order 2013 (S.I. 2013/2329), art. 1(2), Sch. para. 5 (with art. 8, Sch. para. 43)
F3Word in s. 4C(1)(b) substituted (1.10.2013) by The Public Bodies (Merger of the Gambling Commission and the National Lottery Commission) Order 2013 (S.I. 2013/2329), art. 1(2), Sch. para. 5 (with art. 8, Sch. para. 43)
F4Words in s. 4C(4)(b) substituted (E.W.) (7.2.2023 at 12.00 p.m.) by The Judicial Review and Courts Act 2022 (Magistrates’ Court Sentencing Powers) Regulations 2023 (S.I. 2023/149), regs. 1(2), 2(1), Sch. Pt. 1
F5Words in s. 4C(5) substituted (28.4.2022) by The Criminal Justice Act 2003 (Commencement No. 33) and Sentencing Act 2020 (Commencement No. 2) Regulations 2022 (S.I. 2022/500), regs. 1(2), 5(1), Sch. Pt. 1
F6Words in s. 4C(5) substituted (E.W.) (7.2.2023 at 12.00 p.m.) by The Judicial Review and Courts Act 2022 (Magistrates’ Court Sentencing Powers) Regulations 2023 (S.I. 2023/149), regs. 1(2), 2(1), Sch. Pt. 1