Consumer Protection Act 1987

38 Restrictions on disclosure of information

(1) Subject to the following provisions of this section, a person shall be guilty of an offence if he discloses any information—

(a) which was obtained by him in consequence of its being given to any person in compliance with any requirement imposed by safety regulations or regulations under section 26 above;

(b) which consists in a secret manufacturing process or a trade secret and was obtained by him in consequence of the inclusion of the information—

(i) in written or oral representations made for the purposes of Part I or II of Schedule 2 to this Act; or

(ii) in a statement of a witness in connection with any such oral representations;

(c) which was obtained by him in consequence of the exercise by the Secretary of State of the power conferred by section 18 above;

(d) which was obtained by him in consequence of the exercise by any person of any power conferred by Part IV of this Act; or

(e) which was disclosed to or through him under section 37 above.

(2) Subsection (1) above shall not apply to a disclosure of information if the information is publicised information or the disclosure is made—

(a) for the purpose of facilitating the exercise of a relevant person's functions under this Act or any enactment or subordinate legislation mentioned in subsection (3) below;

(b) for the purposes of compliance with a Community obligation; or

(c) in connection with the investigation of any criminal offence or for the purposes of any civil or criminal proceedings.

(3) The enactments and subordinate legislation referred to in subsection (2)(a) above are—

(a) the [1968 c. 29.] Trade Descriptions Act 1968;

(b) Parts II and III and section 125 of the [1973 c. 41.] Fair Trading Act 1973;

(c) the relevant statutory provision's within the meaning of Part I of the [1974 c. 37.] Health and Safety at Work etc. Act 1974 or within the meaning of the [S.I. 1978/1039 (N.I. 9).] Health and Safety at Work (Northern Ireland) Order 1978;

(d) the [1974 c. 39.] Consumer Credit Act 1974;

(e) the [1976 c. 34.] Restrictive Trade Practices Act 1976;

(f) the [1976 c. 53.] Resale Prices Act 1976;

(g) the [1979 c. 38.] Estate Agents Act 1979;

(h) the [1980 c. 21.] Competition Act 1980;

(i) the [1984 c. 12.] Telecommunications Act 1984;

(j) the [1986 c. 31.] Airports Act 1986;

(k) the [1986 c. 44.] Gas Act 1986;

(l) any subordinate legislation made (whether before or after the passing of this Act) for the purpose of securing compliance with the Directive of the Council of the European Communities, dated 10th September 1984 (No. 84/450/EEC) on the approximation of the laws, regulations and administrative provisions of the member States concerning misleading advertising.

(4) In subsection (2)(a) above the reference to a person's functions shall include a reference to any function of making, amending or revoking any regulations or order.

(5) A person guilty of an offence under this section shall be liable—

(a) on summary conviction, to a fine not exceeding the statutory maximum;

(b) on conviction on indictment, to imprisonment for a term not exceeding two years or to a fine or to both.

(6) In this section—

• "publicised information" means any information which has been disclosed in any civil or criminal proceedings or is or has been required to be contained in a warning published in pursuance of a notice to warn; and

• "relevant person" means any of the following, that is to say—

  (a)

  a Minister of the Crown, Government department or Northern Ireland department;

  (b)

  the Monopolies and Mergers Commission, the Director General of Fair Trading, the Director General of Telecommunications or the Director General of Gas Supply;

  (c)

  the Civil Aviation Authority;

  (d)

  any weights and measures authority, any district council in Northern Ireland or any person on whom functions are conferred by regulations under section 27(2) above;

  (e)

  any person who is an enforcing authority for the purposes of Part I of the [1974 c. 37.] Health and Safety at Work etc. Act 1974 or for the purposes of Part II of the [S.I. 1978/1039 (N.I. 9).] Health and Safety at Work (Northern Ireland) Order 1978.