PART 9Miscellaneous

F1Restriction on disclosing information75B

1

This article applies to the following persons—

a

the UK ETS authority;

b

a national authority;

c

a regulator;

d

the registry administrator.

2

A person to whom this article applies must not disclose information held or obtained under UK ETS legislation to another person.

3

But paragraph (2) does not apply to the disclosure of information by the person in any of the following circumstances—

a

if the disclosure is required by law;

b

if the disclosure is necessary or expedient—

i

for the exercise of the person's functions under UK ETS legislation;

ii

for the purpose of the prevention, investigation, detection or prosecution of criminal offences or the execution of criminal penalties;

iii

in the case of a disclosure by a national authority—

aa

for the purpose of monitoring and evaluating the effectiveness of the UK ETS;

bb

for the purpose of preparing and publishing national energy and emissions statistics or the national inventory referred to in Article 4(1)(a) of the United Nations Framework Convention on Climate Change;

iv

in the case of a disclosure by the Environment Agency, for the exercise of the Environment Agency's functions under the Emissions Performance Standard Regulations 2015;

v

in the case of a disclosure by the chief inspector, for the exercise of the chief inspector's functions under the Emissions Performance Standard Monitoring and Enforcement Regulations (Northern Ireland) 2016;

vi

in the case of a disclosure by NRW, for the exercise of NRW's functions under the Emissions Performance Standard (Enforcement) (Wales) Regulations 2015;

c

if the disclosure is made with the consent of the person from or on behalf of whom the information was obtained;

d

if the disclosure is to another person to whom this article applies;

F2e

in the case of a disclosure by the UK ETS authority, if the disclosure is permitted under article 75BA (power to publish UK ETS information).

4

In this article, “UK ETS legislation” means any of the following—

a

this Order;

b

the Monitoring and Reporting Regulation 2018;

c

the Verification Regulation 2018;

d

the Free Allocation Regulation;

e

the Activity Level Changes Regulation.