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The Cross-border Railway Services (Working Time) Regulations 2008

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Restrictions on disclosure of information

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8.—(1) In this paragraph—

“the 1974 Act” means the Health and Safety at Work etc Act 1974(1);

the Executive” means the Health and Safety Executive referred to in section 10(1)(2) of the 1974 Act;

“the recipient”, in relation to any relevant information, means the person by whom that information was so obtained or to whom that information was so furnished, as the case may be;

“relevant information” means information obtained by an inspector in pursuance of a requirement imposed under paragraph 2(2)(e) or (f); and

“relevant statutory requirement” means—

(a)

the provisions of the 1974 Act and any regulations made under powers contained in that Act; and

(b)

while and to the extent that they remain in force, the provisions of the Acts mentioned in Schedule 1 to the 1974 Act and which are specified in the third column of that Schedule and the regulations, orders and other instruments of a legislative character made or having effect under a provision so specified.

(2) Subject to the sub-paragraph (3), no relevant information must be disclosed without the consent of the person by whom it was furnished.

(3) Sub-paragraph (2) does not apply to—

(a)disclosure of information to the Executive, a government department or the Office of Rail Regulation;

(b)without prejudice to Paragraph (a), disclosure by the recipient of information to any person for the purpose of any function conferred on the recipient by or under any of the relevant statutory provisions or under these Regulations;

(c)without prejudice to Paragraph (a), disclosure by the recipient of information to a constable authorised by a chief officer of police to receive it; or

(d)disclosure by the recipient of information in a form calculated to prevent it from being identified as relating to a particular person or case.

(4) In sub-paragraph (3) any reference to the Executive, a government department or the Office of Rail Regulation includes respectively a reference to an officer of that body (including in the case of the Office of Rail Regulation, any inspector appointed by it), and also, in the case of a reference to the Executive, includes a reference to—

(a)a person performing any functions of the Executive by virtue of section 13(3)(3) of the 1974 Act;

(b)an officer of a body which is so performing any such functions; and

(c)an adviser appointed in pursuance of section 13(7) of the 1974 Act.

(5) A person to whom information is disclosed in pursuance of sub-paragraph (3) must not use the information for a purpose other than—

(a)in a case falling within sub-paragraph (3)(a), a purpose of the recipient in question in connection with these Regulations or with the relevant statutory provisions, as the case may be;

(b)in the case of information given to a constable, the purposes of the police in connection with these Regulations, the relevant statutory provisions or any enactment whatsoever relating to working time, public health, public safety or the safety of the State.

(6) A person must not disclose any information obtained by the person as a result of the exercise of any power conferred by paragraph 2 (including in particular any information with respect to any trade secret obtained by the person in any premises entered by the person by virtue of any such power) except—

(a)for the purposes of the person’s functions;

(b)for the purposes of any legal proceedings; or

(c)with the relevant consent.

In this sub-paragraph “the relevant consent” means the consent of the person who furnished it, and, in any other case, the consent of a person having responsibilities in relation to the premises where the information was obtained.

(7) Notwithstanding anything in sub-paragraph (6) an inspector must, in circumstances in which it is necessary to do so for the purpose of assisting in keeping persons (or the representatives of persons) employed at any premises adequately informed about matters affecting their health, safety and welfare or working time, give to such persons or their representatives the following descriptions of information, that is to say—

(a)factual information obtained by the inspector as mentioned in sub-paragraph (6) which relates to those premises or anything which was or is in the premises or was or is being done in them; and

(b)information with respect to any action which the inspector has taken or proposes to take in or in connection with those premises in the performance of the inspector’s functions;

and, where an inspector does this, the inspector must give the same information to the employer of the persons employed at the premises.

(8) Notwithstanding anything in sub-paragraph (6), a recipient who has obtained such information as is referred to in sub-paragraph (6) may furnish to a person who appears to the recipient to be likely to be a party to any civil proceedings arising out of any accident, occurrence, situation or other matter, a written statement of the relevant facts observed by the recipient in the course of exercising any of the powers conferred by paragraph 2.

(2)

Section 10 has been amended by article 4 of the Legislative Reform (Health and Safety Executive) Order 2008 (S.I. 2008/960).

(3)

Section 13 has been amended by article 5 of the Legislative Reform (Health and Safety Executive) Order 2008 (S.I. 2008/960).

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