SCHEDULES
SCHEDULE 9Disclosure of information
PART 1Prohibition on disclosure of protected information
Meaning of “protected information” and related terms
I11
1
In this Schedule “protected information” means information which has been—
a
obtained by the ONR under section 97,
b
provided to the ONR, an inspector or a health and safety inspector under section 98,
c
obtained by an inspector as a result of the exercise of any relevant power,
d
obtained by a health and safety inspector in the exercise of any power under section 20 of the 1974 Act (powers of persons appointed under section 19 of that Act),
e
obtained by an ONR inquiry official as a result of the exercise of an ONR inquiry power,
f
provided to a person pursuant to a requirement imposed by any of the relevant statutory provisions, or
g
provided to the ONR or a health and safety inspector pursuant to a requirement imposed by any provision which is one of the relevant statutory provisions for the purposes of Part 1 of the 1974 Act.
2
Information is not protected information for the purposes of this Schedule if it has been—
a
disclosed as mentioned in paragraph 16, or
b
otherwise made available to the public—
i
by virtue of a disclosure in accordance with Part 3 of this Schedule, or
ii
lawfully from other sources.
3
Information received by virtue of a disclosure under paragraph 21 (anonymised information) is not protected information.
4
Protected information includes, in particular, information with respect to a trade secret which an inspector, a health and safety inspector or an ONR inquiry official has obtained as a result of entering premises in exercise of a relevant power, a power conferred under section 20 of the 1974 Act or an ONR inquiry power.
5
In this Schedule—
“ONR inquiry official” means a person on whom functions are conferred under section 85(5)(a);
“ONR inquiry power” means a power conferred by regulations under section 85(5)(a);
“the original holder” of protected information means the person who obtained the information, or to whom it was provided, as mentioned in sub-paragraph (1).