C35C36C37C38C39C40C41C42C43C44C45C46C47C48E1C49C50C5C23C24C103C98 Part I Health, Safety and Welfare in connection with Work, and Control of Dangerous Substances and Certain Emissions into the Atmosphere

Annotations:
Extent Information
E1

For the application of Pt. I to Northern Ireland see s. 84(1).

Modifications etc. (not altering text)
C35

Pt. 1 (ss. 1–54) extended by S.I. 1981/1011, reg. 9, 1983/1919, reg. 3

Pt. 1 (ss. 1-54) modified (E.W.S.) (1.2.1996) by 1995 c. 25, s. 5(5)(b) (with ss. 115, 117); S.I. 1996/186, art. 2

Pt. 1 (ss. 1-54) modified (E.W.S.) (1.4.1996) by 1995 c. 25, s. 33(5)(c) (with s. 7(6), 115, 117); S.I. 1996/186, art. 3

Pt. 1 (ss. 1-54) amended (E.W.S.) (1.4.1996) by 1995 c. 25, s. 120(1), Sch. 22 para. 30(2) (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3

Pt. 1 (ss. 1-54) amended (E.W.S.) (1.3.1996) by 1995 c. 45, s. 16(1), Sch. 4 para. 10(1)(a)(3); S.I. 1996/218, art. 2

C36

Pt. 1 (ss. 1–54) extended by Gas Act 1986 (c. 44, SIF 44:2), ss. 18, 48(3)(4)

C37

Pt. 1 (ss. 1–54) applied by Gas Act 1986 (c. 44, SIF 44:2), s. 67(3), Sch. 8 para. 6(2)

C38

Pt. 1 (ss. 1–54) amended by Consumer Protection Act 1987 (c. 43, SIF 109:1), s. 36

C39

Pt. 1 (ss. 1–54) amended by S.I. 1988/1222, regs. 3, 4

C40

Pt. 1 (ss. 1–54) extended by S.I. 1989/1671, reg. 4

C41

Pt. 1 (ss. 1–54) amended by S.I. 1989/1810, reg. 3 (which S.I. was revoked (1.2.1993) by S.I. 1992/3217, reg. 25).

C42

Pt. 1 (ss. 1–54) amended by S.I. 1990/1380, reg. 3

Pt. 1 (ss. 1-54) saved by Highland Regional Council (Harbours) Order Confirmation Act (c. xii), s. 1, Sch. s. 61(1)(f)

Pt. 1 (ss. 1-54) definition applied (E.W.) (1.12.1991) by Water Industry Act 1991 (c. 56, SIF 130), ss. 206(3)(g), 223(2)

Pt. 1 (ss. 1-54) saved by London Underground (Safety Measures) Act 1991 (c. xviii), s. 11(2)

Pt. 1 (ss. 1-54) saved by City of Edinburgh District Council Order Confirmation Act 1991 (c. xix), s. 1, Sch. 1 Pt. XII para. 67(2)

C43

Pt. 1 extended by S.I. 1978/752, reg. 3

Pt. 1 (ss. 1-54): transfer of functions (E.W.) (1.4.1996) by 1995 c. 25, s. 2(1)(g)(2)(c) (with ss. 115, 117); S.I. 1996/186, art. 3

Pt. 1 (ss. 1-54): transfer of functions (S.) (12.10.1995) by 1995 c. 25, s. 21(1)(g) (with ss. 7(6), 115, 117); S.I. 1995/2649, art. 2

Pt. 1 (ss. 1-54): transfer of functions (E.W.S.) (12.10.1995) by 1995 c. 25, s. 21(2)(a) (with ss. 7(6), 115, 117); S.I. 1995/2649, art. 2

C44

Pt. 1 (ss. 1-54) extended (E.W.S.) (6.3.1992) by Offshore Safety Act 1992 (c. 15), S. 1(1)

C45

Pt. 1 (ss. 1-54) amended (E.W.S.) (6.3.1992) by Offshore Safety Act 1992 (c. 15), s. 1(1)

Pt. 1 (ss. 1-54) amended (E.W.S.) (2.2.1994) by 1993 c. 43, s. 117(1)(6), 150(1)(e); S.I. 1994/202, art. 2

C46

Pt. 1 (ss. 1-54) extended (E.W.S.) (1.2.1993) by S.I. 1992/3217, reg. 4

C47

Pt. 1 (ss. 1-54) modified (E.W.S.) (1.1.1993) by S.I. 1992/2051, reg. 16(2)

C48

Pt. 1 (ss. 1-54) extended (E.W.S.) (6.3.1992) by Offshore Safety Act 1992 (c. 15), s. 2(1)

Pt. 1 (ss. 1-54) extended (E.W.S.) (2.2.1994) by 1993 c. 43, ss. 117(2)(6), 150(1)(e); S.I. 1994/202, art. 2

C49

Pt. 1 (ss. 1-54) applied (with modifications) (14.4.1999) by S.I. 1999/860, reg. 2

C50

Pt. 1 (ss. 1-54) applied (1.7.1999) by S.I. 1999/1517, reg. 12(3), Sch. 4 para. 12(3)(c)

Pt. 1: functions of local authority not to be responsibility of an executive of the authority (E.) (16.11.2000) by virtue of S.I. 2000/2853, reg. 2(1), Sch. 1 Table C

C5

Pt. 1 restricted (S.) (1.10.2006) by 2005 asp 5, ss. 70, 90; S.I. 2006/458, art. 2 (subject to art. 3)

C23

Pt. 1 modified (prosp.) by Energy Act 2008 (c. 32), ss. 99(1), 110

C24

Pt. 1: power to repeal or modify conferred (prosp.) by Energy Act 2008 (c. 32), ss. 99(1)(2), 110

Obtaining and disclosure of information

C7C8C9C11C10C1C25C31C73C92C83C84C93C80C91C78C82C76C94C71C77C8827 Obtaining of information by the Commission, the Executive, enforcing authorities etc.

C121

For the purpose of obtaining—

a

any information which F20the Executive needs for the discharge of its functions; or

b

any information which an enforcing authority F68other than the Office for Nuclear Regulation needs for the discharge of the authority’s functions,

F20the Executive may, with the consent of the Secretary of State, serve on any person a notice requiring that person to furnish to F20the Executive or, as the case may be, to the enforcing authority in question such information about such matters as may be specified in the notice, and to do so in such form and manner and within such time as may be so specified.

In this subsection “consent” includes a general consent extending to cases of any stated description.

2

Nothing in section 9 of the M1Statistics of Trade Act 1947 (which restricts the disclosure of information obtained under that Act) shall prevent or penalise—

a

the disclosure by a Minister of the Crown to F21. . . the Executive of information obtained under that Act about any undertaking within the meaning of that Act, being information consisting of the names and address of the persons carrying on the undertaking, the nature of the undertaking’s activities, the numbers of persons of different descriptions who work in the undertaking, the addresses or places where activities of the undertaking are or were carried on, the nature of the activities carried on there, or the numbers of person of different descriptions who work or worked in the undertaking there; F32. . .

F32b

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F223

In the preceding subsection, any reference to a Minister of the Crown or the Executive includes respectively a reference to an officer of that person or of that body and also, in the case of a reference to the Executive, includes a reference to—

a

a person performing any functions of the Executive on its behalf by virtue of section 13(3);

b

an officer of a body which is so performing any such functions; and

c

an adviser appointed under section 13(7).

4

A person to whom information is disclosed in pursuance of subsection (2) above shall not use the information for a purpose other than a purpose F23. . . of the Executive.

F735

In this section any reference to the Executive’s functions does not include its building functions.

C73C51C52C53C54C4C26C32C92C83C84C100C80C89C79C99C75C81C102C85C90F33 27A F2Information communicated by Commissioners for Revenue and Customs.

1

If they think it appropriate to do so for the purpose of facilitating the exercise or performance by any person to whom sub-section (2) below applies of any of that person’s powers or duties under any of the relevant statutory provisions, F3the Commissioners for Her Majesty’s Revenue and Customs may authorise the disclosure to that person of any information obtained F4or held for the purposes of the exercise F5by Her Majesty’s Revenue and Customs of their functions in relation to imports.

2

This subsection applies to an enforcing authority and to an inspector F70, other than the Office for Nuclear Regulation or an inspector appointed by the Office for Nuclear Regulation.

3

A disclosure of information made to any person under subsection (1) above shall be made in such manner as may be directed by F6the Commissioners for Her Majesty’s Revenue and Customsand may be made through such persons acting on behalf of that person as may be so directed.

4

Information may be disclosed to a person under subsection (1) above whether or not the disclosure of the information has beenrequested by or on behalf of that person.

C13C14C62C63C15C16E3C60C2C19C22C27C30C28C33C73C101C92C83C84C96C80C87C74C95C86C72C104C9728 Restrictions on disclosure of information.

1

In this and the two following subsections—

a

relevant information” means information obtained by a person under section 27(1) or furnished to any person F71, other than the Office for Nuclear Regulation (or an inspector appointed by it),F40under section 27A above F1, by virtue of section 43A(6) below or in pursuance of a requirement imposed by any of the relevant statutory provisions; and

b

the recipient”, in relation to any relevant information, means the person by whom that information was so obtained or to whom that information was so furnished, as the case may be.

2

Subject to the following subsection, no relevant information shall be disclosed without the consent of the person by whom it was furnished.

3

The preceding subsection shall not apply to—

a

disclosure of information to F24. . . the Executive F75, the Office for Nuclear Regulation,, F41 the Environment Agency, F64the Natural Resources Body for Wales, the Scottish Environment Protection Agency, a government department or any enforcing authority;

b

without prejudice to paragraph (a) above, disclosure by the recipient of information to any person for the purpose of any function conferred on the recipient by or under any of the relevant statutory provisions;

c

without prejudice to paragraph (a) above, disclosure by the recipient of information to—

i

an officer of a local authority who is authorised by that authority to receive it,

F42ii

an officer F43 . . . of a water undertaker, sewerage undertaker, water authority or water development board who is authorised by that F44 . . . undertaker, authority or board to receive it,

F45iii

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

iv

a constable authorised by a chief officer of police to receive it;

d

disclosure by the recipient of information in a form calculated to prevent it from being identified as relating to a particular person or case;

e

disclosure of information for the purposes of any legal proceedings or any investigation or inquiry held by virtue of F25section 14(2) or (2A), or for the purposes of a report of any such proceedings or inquiry or of a special report made by virtue of F25section 14(2) or (2A).

F10f

any other disclosure of information by the recipient, if–

i

the recipient is, or is acting on behalf of a person who is, a public authority for the purposes of the Freedom of Information Act 2000, and

ii

the information is not held by the authority on behalf of another person.

F264

In the preceding subsection, any reference to the Executive F63, the Office for Nuclear Regulation,, the Environment Agency, F74the Natural Resources Body for Wales, the Scottish Environment Protection Agency, a government department or an enforcing authority includes respectively a reference to an officer of that body or authority (including, in the case of an enforcing authority, any inspector appointed by it), and also, in the case of a reference to the Executive F78or the Office for Nuclear Regulation, includes a reference to—

a

a person performing any functions of the Executive F69or Office for Nuclear Regulation on its behalf by virtue of section 13(3) F69of this Act or, as the case may be, section 95 of the Energy Act 2013;

b

an officer of a body which is so performing any such functions; and

c

an adviser appointed under section 13(7) F66or, in the case of the Office for Nuclear Regulation, a person providing advice to that body..

5

A person to whom information is disclosed in pursuance of F13any of paragraphs (a) to (e) of subsection (3) above shall not use the information for a purpose other than—

a

in a case falling within paragraph (a) of that subsection, a purpose F27. . . of the Executive F76, of the Office for Nuclear Regulation or F46of the Environment Agency F65or of the Natural Resources Body for Wales or of the Scottish Environment Protection Agency or of the government department in question, or the purposes of the enforcing authority in question in connection with the relevant statutory provisions, as the case may be;

b

in the case of information given to an officer of a F47body which is a local authority, F48. . . a water undertaker, a sewerage undertaker, a water authority, a river purification board or a water development board, the purposes of the body in connection with the relevant statutory provisions or any enactment whatsoever relating to public health, public safety or the protection of the environment;

c

in the case of information given to a constable, the purposes of the police in connection with the relevant statutory provisions or any enactment whatsoever relating to public health, public safety or the safety of the State.

C64F496

References in subsections (3) and (5) above to a local authority include F80a corporate joint committee established by regulations under Part 5 of the Local Government and Elections (Wales) Act 2021,F50 . . . a joint authority established by Part IV of the Local Government Act 1985, F31 an economic prosperity board established under section 88 of the Local Democracy, Economic Development and Construction Act 2009, a combined authority established under section 103 of that Act F67, F81a combined county authority established under section 9(1) of the Levelling-up and Regeneration Act 2023, a fire and rescue authority created by an order under section 4A of the Fire and Rescue Services Act 2004F77...F79and the London Fire Commissioner.

C657

A person shall not disclose any information obtained by him as a result of the exercise of any power conferred by section 14(4)(a) or 20 (including, in particular, any information with respect to any trade secret obtained by him in any premises entered by him by virtue of any such power) except—

a

for the purposes of his functions; or

b

for the purposes of any legal proceedings or any investigation or inquiry held by virtue of F28section 14(2) or (2A) or for the purposes of a report of any such proceedings or inquiry or of a special report made by virtue of F28section 14(2) or (2A); or

c

with the relevant consent.

In this subsection “the relevant consent” means, in the case of information furnished in pursuance of a requirement imposed under section 20, the consent of the person who furnished it, and, in any other case, the consent of a person having responsibilities in relation to the premises where the information was obtained.

8

Notwithstanding anything in the preceding subsection an inspector shall, in circumstances in which it is necessary to do so for the purpose of assisting in keeping persons (or the representatives of persons) employed at any premises adequately informed about matters affecting their health, safety and welfare, give to such persons or their represenatives the following descriptions of information, that is to say—

a

factual information obtained by him as mentioned in that subsection which relates to those premises or anything which was or is therein or was or is being done therein; and

b

information with respect to any action which he has taken or proposes to take in or in connection with those premises in the performance of his functions;

and, where an inspector does as aforesaid, he shall give the like information to the employer of the first-mentioned persons.

F529

Notwithstanding anything in subsection (7) above, a person who has obtained such information as is referred to in that subsection may furnish to a person who appears to him to be likely to be a party to any civil proceedings arising out of any accident, occurrence, situation or other matter, a written statement of relevant facts observed by him in the course of exercising any of the powers referred to in that subsection.

F169A

Subsection (7) above does not apply if–

a

the person who has obtained any such information as is referred to in that subsection is, or is acting on behalf of a person who is, a public authority for the purposes of the Freedom of Information Act 2000, and

b

the information is not held by the authority on behalf of another person.

F729B

Nothing in subsection (7) or (9) applies to a person appointed as an inspector by the Office for Nuclear Regulation in relation to functions which the person has by virtue of that appointment.

F5310

The Broads Authority and every National Park authority shall be deemed to be local authorities for the purposes of this section.

C17C18C66C67C68E4C69C3C20C21C27C30C29C34C73C101C92C84C96C80C87C74C95C86C72C104C9728 Restrictions on disclosure of information.

1

In this and the two following subsections—

a

relevant information” means information obtained by a person under section 27(1) or furnished to any person F71, other than the Office for Nuclear Regulation (or an inspector appointed by it),F54under section 27A above F1, by virtue of section 43A(6) below or in pursuance of a requirement imposed by any of the relevant statutory provisions; and

b

the recipient”, in relation to any relevant information, means the person by whom that information was so obtained or to whom that information was so furnished, as the case may be.

2

Subject to the following subsection, no relevant information shall be disclosed without the consent of the person by whom it was furnished.

3

The preceding subsection shall not apply to—

a

disclosure of information to F24. . . the Executive F75, the Office for Nuclear Regulation,, F55the Environment Agency, F64the Natural Resources Body for Wales, the Scottish Environment Protection Agency, a government department or any enforcing authority;

b

without prejudice to paragraph (a) above, disclosure by the recipient of information to any person for the purpose of any function conferred on the recipient by or under any of the relevant statutory provisions;

c

without prejudice to paragraph (a) above, disclosure by the recipient of information to—

i

an officer of a local authority who is authorised by that authority to receive it,

F56ii

an officer of a water undertaker, sewerage undertaker, F7or Scottish Water who is authorised by F19that undertaker or, as the case may be, Scottish Water to receive it;

F57iii

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

iv

a constable authorised by a chief officer of police to receive it;

d

disclosure by the recipient of information in a form calculated to prevent it from being identified as relating to a particular person or case;

e

disclosure of information for the purposes of any legal proceedings or any investigation or inquiry held by virtue of F25section 14(2) or (2A), or for the purposes of a report of any such proceedings or inquiry or of a special report made by virtue of F25section 14(2) or (2A).

F12f

any other disclosure of information by the recipient, if–

i

the recipient is, or is acting on behalf of a person who is, a public authority for the purposes of the Freedom of Information Act 2000 F29or a Scottish public authority for the purposes of the Freedom of Information (Scotland) Act 2002, and

ii

the information is not held by the authority on behalf of another person.

F264

In the preceding subsection, any reference to the Executive F63, the Office for Nuclear Regulation,, the Environment Agency, F74the Natural Resources Body for Wales, the Scottish Environment Protection Agency, a government department or an enforcing authority includes respectively a reference to an officer of that body or authority (including, in the case of an enforcing authority, any inspector appointed by it), and also, in the case of a reference to the Executive F78or the Office for Nuclear Regulation, includes a reference to—

a

a person performing any functions of the Executive F69or Office for Nuclear Regulation on its behalf by virtue of section 13(3) F69of this Act or, as the case may be, section 95 of the Energy Act 2013;

b

an officer of a body which is so performing any such functions; and

c

an adviser appointed under section 13(7) F66or, in the case of the Office for Nuclear Regulation, a person providing advice to that body.

5

A person to whom information is disclosed in pursuance of F14any of paragraphs (a) to (e) of subsection (3) above shall not use the information for a purpose other than—

a

in a case falling within paragraph (a) of that subsection, a purpose F27. . . of the Executive F76, of the Office for Nuclear Regulation or F58 of the Environment Agency F65or of the Natural Resources Body for Wales or of the Scottish Environment Protection Agency or of the government department in question, or the purposes of the enforcing authority in question in connection with the relevant statutory provisions, as the case may be;

b

F59in the case of information given to an officer of a body which is a local authority, a water undertaker, F8or a sewerage undertaker or to an officer of Scottish Water, the purposes of the body F9authority, undertaker or, as the case may be, Scottish Water in connection with the relevant statutory provisions or any enactment whatsoever relating to public health, public safety or the protection of the environment;

c

in the case of information given to a constable, the purposes of the police in connection with the relevant statutory provisions or any enactment whatsoever relating to public health, public safety or the safety of the State.

C64F606

References in subsections (3) and (5) above to a local authority include F50 . . . a joint authority established by Part IV of the Local Government Act 1985, F31 an economic prosperity board established under section 88 of the Local Democracy, Economic Development and Construction Act 2009, a combined authority established under section 103 of that Act F67, a fire and rescue authority created by an order under section 4A of the Fire and Rescue Services Act 2004F77...F79and the London Fire Commissioner.

C707

A person shall not disclose any information obtained by him as a result of the exercise of any power conferred by section 14(4)(a) or 20 (including, in particular, any information with respect to any trade secret obtained by him in any premises entered by him by virtue of any such power) except—

a

for the purposes of his functions; or

b

for the purposes of any legal proceedings or any investigation or inquiry held by virtue of F28section 14(2) or (2A) or for the purposes of a report of any such proceedings or inquiry or of a special report made by virtue of F28section 14(2) or (2A); or

c

with the relevant consent.

In this subsection “the relevant consent” means, in the case of information furnished in pursuance of a requirement imposed under section 20, the consent of the person who furnished it, and, in any other case, the consent of a person having responsibilities in relation to the premises where the information was obtained.

8

Notwithstanding anything in the preceding subsection an inspector shall, in circumstances in which it is necessary to do so for the purpose of assisting in keeping persons (or the representatives of persons) employed at any premises adequately informed about matters affecting their health, safety and welfare, give to such persons or their represenatives the following descriptions of information, that is to say—

a

factual information obtained by him as mentioned in that subsection which relates to those premises or anything which was or is therein or was or is being done therein; and

b

information with respect to any action which he has taken or proposes to take in or in connection with those premises in the performance of his functions;

and, where an inspector does as aforesaid, he shall give the like information to the employer of the first-mentioned persons.

F619

Notwithstanding anything in subsection (7) above, a person who has obtained such information as is referred to in that subsection may furnish to a person who appears to him to be likely to be a party to any civil proceedings arising out of any accident, occurrence, situation or other matter, a written statement of relevant facts observed by him in the course of exercising any of the powers referred to in that subsection.

F189A

Subsection (7) above does not apply if–

a

the person who has obtained any such information as is referred to in that subsection is, or is acting on behalf of a person who is, a public authority for the purposes of the Freedom of Information Act 2000 F30or a Scottish public authority for the purposes of the Freedom of Information (Scotland) Act 2002, and

b

the information is not held by the authority on behalf of another person.

F729B

Nothing in subsection (7) or (9) applies to a person appointed as an inspector by the Office for Nuclear Regulation in relation to functions which the person has by virtue of that appointment.

F6210

For the purposes of this section the Broads Authority shall be treated as a local authority.

C55C56C57C58C59E2C60C6C27C73C101C92C84C96C80C87C74C95C86C72C104C9728 Restrictions on disclosure of information.

1

In this and the two following subsections—

a

relevant information” means information obtained by a person under section 27(1) or furnished to any person F71, other than the Office for Nuclear Regulation (or an inspector appointed by it),F34under section 27A above F1, by virtue of section 43A(6) below or in pursuance of a requirement imposed by any of the relevant statutory provisions; and

b

the recipient”, in relation to any relevant information, means the person by whom that information was so obtained or to whom that information was so furnished, as the case may be.

2

Subject to the following subsection, no relevant information shall be disclosed without the consent of the person by whom it was furnished.

3

The preceding subsection shall not apply to—

a

disclosure of information to F24. . . the Executive F75, the Office for Nuclear Regulation,, a government department or any enforcing authority;

b

without prejudice to paragraph (a) above, disclosure by the recipient of information to any person for the purpose of any function conferred on the recipient by or under any of the relevant statutory provisions;

c

without prejudice to paragraph (a) above, disclosure by the recipient of information to—

i

an officer of a local authority who is authorised by that authority to receive it,

F35ii

an officer of the National Rivers Authority or of a water undertaker, sewerage undertaker, water authority or water development board who is authorised by that Authority, undertaker, authority or board to receive it,

iii

an officer of a river purification board who is authorised by that board to receive it, or

iv

a constable authorised by a chief officer of police to receive it;

d

disclosure by the recipient of information in a form calculated to prevent it from being identified as relating to a particular person or case;

e

disclosure of information for the purposes of any legal proceedings or any investigation or inquiry held by virtue of F25section 14(2) or (2A), or for the purposes of a report of any such proceedings or inquiry or of a special report made by virtue of F25section 14(2) or (2A).

F11f

any other disclosure of information by the recipient, if–

i

the recipient is, or is acting on behalf of a person who is, a public authority for the purposes of the Freedom of Information Act 2000, and

ii

the information is not held by the authority on behalf of another person.

F264

In the preceding subsection, any reference to the Executive F63, the Office for Nuclear Regulation,, the Environment Agency,F74the Natural Resources Body for Wales, the Scottish Environment Protection Agency, a government department or an enforcing authority includes respectively a reference to an officer of that body or authority (including, in the case of an enforcing authority, any inspector appointed by it), and also, in the case of a reference to the Executive F78or the Office for Nuclear Regulation, includes a reference to—

a

a person performing any functions of the Executive F69or Office for Nuclear Regulation on its behalf by virtue of section 13(3) F69 of this Act or, as the case may be, section 95 of the Energy Act 2013;

b

an officer of a body which is so performing any such functions; and

c

an adviser appointed under section 13(7) F66or, in the case of the Office for Nuclear Regulation, a person providing advice to that body.

5

A person to whom information is disclosed in pursuance of F15any of paragraphs (a) to (e) of subsection (3) above shall not use the information for a purpose other than—

a

in a case falling within paragraph (a) of that subsection, a purpose F27. . . of the Executive F76, of the Office for Nuclear Regulation or of the government department in question, or the purposes of the enforcing authority in question in connection with the relevant statutory provisions, as the case may be;

b

in the case of information given to an officer of a F36body which is a local authority, the National Rivers Authority, a water undertaker, a sewerage undertaker, a water authority, a river purification board or a water development board, the purposes of the body in connection with the relevant statutory provisions or any enactment whatsoever relating to public health, public safety or the protection of the environment;

c

in the case of information given to a constable, the purposes of the police in connection with the relevant statutory provisions or any enactment whatsoever relating to public health, public safety or the safety of the State.

C64F376

References in subsections (3) and (5) above to a local authority include F50 . . . a joint authority established by Part IV of the Local Government Act 1985, F31 an economic prosperity board established under section 88 of the Local Democracy, Economic Development and Construction Act 2009, a combined authority established under section 103 of that ActF77...F77... F51 and the London Fire and Emergency Planning Authority.

C617

A person shall not disclose any information obtained by him as a result of the exercise of any power conferred by section 14(4)(a) or 20 (including, in particular, any information with respect to any trade secret obtained by him in any premises entered by him by virtue of any such power) except—

a

for the purposes of his functions; or

b

for the purposes of any legal proceedings or any investigation or inquiry held by virtue of F28section 14(2) or (2A) or for the purposes of a report of any such proceedings or inquiry or of a special report made by virtue of F28section 14(2) or (2A); or

c

with the relevant consent.

In this subsection “the relevant consent” means, in the case of information furnished in pursuance of a requirement imposed under section 20, the consent of the person who furnished it, and, in any other case, the consent of a person having responsibilities in relation to the premises where the information was obtained.

8

Notwithstanding anything in the preceding subsection an inspector shall, in circumstances in which it is necessary to do so for the purpose of assisting in keeping persons (or the representatives of persons) employed at any premises adequately informed about matters affecting their health, safety and welfare, give to such persons or their represenatives the following descriptions of information, that is to say—

a

factual information obtained by him as mentioned in that subsection which relates to those premises or anything which was or is therein or was or is being done therein; and

b

information with respect to any action which he has taken or proposes to take in or in connection with those premises in the performance of his functions;

and, where an inspector does as aforesaid, he shall give the like information to the employer of the first-mentioned persons.

F389

Notwithstanding anything in subsection (7) above, a person who has obtained such information as is referred to in that subsection may furnish to a person who appears to him to be likely to be a party to any civil proceedings arising out of any accident, occurrence, situation or other matter, a written statement of relevant facts observed by him in the course of exercising any of the powers referred to in that subsection.

F179A

Subsection (7) above does not apply if–

a

the person who has obtained any such information as is referred to in that subsection is, or is acting on behalf of a person who is, a public authority for the purposes of the Freedom of Information Act 2000, and

b

the information is not held by the authority on behalf of another person.

F729B

Nothing in subsection (7) or (9) applies to a person appointed as an inspector by the Office for Nuclear Regulation in relation to functions which the person has by virtue of that appointment.

F3910

For the purposes of this section the Broads Authority shall be treated as a local authority.