7.—(1) At the beginning of regulation 28(5), insert “Without prejudice to Article 3 of the IGC regulation”.
(2) For regulation 39, substitute—
“39. Section 145 of the Act (restriction on disclosure of information) shall have effect in relation to information which—
(a)relates to the affairs of any individual or to any particular business, and
(b)has been obtained—
(i)under or by virtue of any provision of these Regulations,
(ii)in pursuance of functions conferred by regulation 28(5), or
(ii)by the regulatory bodies, within the meaning of the IGC regulation, in pursuance of functions conferred by Article 3 of that regulation,
as it has effect in relation to such information obtained under or by virtue of any of the provisions of the Act.”.
(3) After paragraph (gb) of section 145(2) of the Railways Act 1993(1) (general restrictions on disclosure of information), insert—
“(gc)for the purpose of facilitating the carrying out by the Office of Rail Regulation of any of its functions, in respect of the tunnel system (within the meaning of the Channel Tunnel Act 1987(2)), under any instrument made for the purpose of implementing Directive 2012/34/EU of the European Parliament and of the Council dated 21st November 2012 establishing a single European railway area, (3);”.