Education Act 2005

109Unauthorised disclosure of information received under section 108E+W+S+N.I.

This sectionnoteType=Explanatory Notes has no associated

(1)A person (“X”) who discloses information which he has received by virtue of subsection (2) or (4) of section 108 and which relates to a particular person commits an offence unless the information is disclosed—

(a)in accordance with subsection (4) of that section,

(b)in the course of any duty X has in connection with the exercise of functions relating to eligibility for education maintenance allowances,

(c)in accordance with an enactment or an order of a court,

(d)for the purpose of instituting, or otherwise for the purposes of, civil or criminal proceedings, or

(e)with consent given by or on behalf of the person to whom the information relates.

(2)It is a defence for a person charged with an offence under subsection (1) to prove that he reasonably believed that his disclosure was lawful.

(3)A person guilty of an offence under subsection is liable—

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

(b)on summary conviction in England and Wales, to imprisonment for a term not exceeding 12 months, to a fine not exceeding the statutory maximum or to both;

(c)on summary conviction in Scotland or Northern Ireland, to imprisonment for a term not exceeding 6 months, to a fine not exceeding the statutory maximum or to both.

(4)In relation to an offence committed before the commencement of section 154(1) of the Criminal Justice Act 2003 (c. 44), the reference in subsection (3)(b) to 12 months is to be read as a reference to 6 months.

(5)The reference in subsection (1)(c) to an enactment includes a reference to an enactment comprised in, or in an instrument made under—

(a)an Act of the Scottish Parliament, or

(b)any Northern Ireland legislation as defined in section 24(5) of the Interpretation Act 1978 (c. 30).