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.