Search Legislation

The Nuclear Security (Secretary of State Security Directions) Regulations 2018

What Version

 Help about what version
  • Latest available (Revised)
  • Original (As made)

Status:

This is the original version (as it was originally made). This item of legislation is currently only available in its original format.

Prohibition on disclosure of information obtained by enforcement officers

This section has no associated Explanatory Memorandum

9.—(1) This regulation applies where an enforcement officer obtains or holds information in the exercise of a relevant power (“protected information”).

(2) Except as provided by paragraphs (3) and (5) to (7), protected information must not be disclosed by—

(a)the enforcement officer who originally obtained or held the information (“the relevant enforcement officer”); or

(b)any other person who holds it where that person has received it directly or indirectly from the relevant enforcement officer, by virtue of a disclosure made in accordance with this regulation.

(3) Paragraph (2) does not prohibit the disclosure of protected information to—

(a)the Office for Nuclear Regulation, its officers or any inspector appointed by it; or

(b)a relevant authority, including an officer of a relevant authority;

by a person or bodies listed within sub-paragraph (a) or (b) where the disclosure of the protected information is necessary for the purposes of the Office for Nuclear Regulation or the relevant authority in question.

(4) Any person to whom protected information is disclosed by virtue of paragraph (3) may only use that information for, as applicable, the purposes of the Office for Nuclear Regulation or the relevant authority in question.

(5) Paragraph (2) does not prohibit a disclosure of protected information—

(a)with the consent of the person from whom the information was obtained;

(b)by the enforcement officer who originally obtained or held the information for the purposes of exercising any of the officer’s functions;

(c)for the purposes of any legal proceedings brought for the purposes of enforcing these Regulations; or

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

(6) Paragraph (2) does not prohibit a disclosure of protected information which is made in accordance with an obligation under—

(a)the Freedom of Information Act 2000(1);

(b)the Freedom of Information (Scotland) Act 2002(2);

(c)environmental information regulations within the meaning given in section 39(1A) of the Freedom of Information Act 2000(3);

(d)regulations made under section 62 of the Freedom of Information (Scotland) Act 2002.

(7) Paragraph (2) does not prohibit a disclosure of protected information which has been made available to the public lawfully from other sources.

(8) In this regulation—

“relevant authority” means—

(a)

a Minister of the Crown;

(b)

the Scottish Ministers;

(c)

the Welsh Ministers;

(d)

a Northern Ireland Department;

(e)

any other government department;

(f)

the Health and Safety Executive;

(g)

the Health and Safety Executive for Northern Ireland;

(h)

a constable authorised by a chief officer of police for a police area;

(i)

a constable authorised by the chief constable of the Police Service of Scotland;

(j)

a member of the Civil Nuclear Constabulary authorised by the chief constable of the Civil Nuclear Constabulary; or

(k)

a constable authorised by the chief constable of the Police Service of Northern Ireland.

(3)

Section 39(1A) was inserted by S.I. 2004/3391, Part 5, regulation 20(3).

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made):The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Explanatory Memorandum

Explanatory Memorandum sets out a brief statement of the purpose of a Statutory Instrument and provides information about its policy objective and policy implications. They aim to make the Statutory Instrument accessible to readers who are not legally qualified and accompany any Statutory Instrument or Draft Statutory Instrument laid before Parliament from June 2004 onwards.

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as made version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources