Part I Health, Safety and Welfare in connection with Work, and Control of Dangerous Substances and Certain Emissions into the Atmosphere
Obtaining and disclosure of information
28 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 F1, other than the Office for Nuclear Regulation (or an inspector appointed by it), F2under section 27A above F3, 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)
(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,
F8(ii)
F11(iii)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(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;
F13(f)
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.
F14(4)
In the preceding subsection, any reference to the Executive F15, the Office for Nuclear Regulation,, the Environment Agency, F16the 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 F17or the Office for Nuclear Regulation, includes a reference to—
(a)
(b)
an officer of a body which is so performing any such functions; and
(c)
an adviser appointed under section 13(7) F19or, 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 F20any 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 F21. . . of the Executive F22, of the Office for Nuclear Regulation or F23of the Environment Agency F24or 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 F25body which is a local authority, F26. . . 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.
F27(6)
References in subsections (3) and (5) above to a local authority include F28a corporate joint committee established by regulations under Part 5 of the Local Government and Elections (Wales) Act 2021, F29 . . . a joint authority established by Part IV of the Local Government Act 1985, F30 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 F31, F32a 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 2004 F33... F34and the London Fire Commissioner.
(7)
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)
(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 representatives 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.
F36(9)
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.
F37(9A)
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.
F38(9B)
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.
F39(10)
The Broads Authority and every National Park authority shall be deemed to be local authorities for the purposes of this section.
28 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 F1, other than the Office for Nuclear Regulation (or an inspector appointed by it), F40under section 27A above F3, 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)
(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,
F42(ii)
F45(iii)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(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;
F46(f)
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 F47or 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.
F14(4)
In the preceding subsection, any reference to the Executive F15, the Office for Nuclear Regulation,, the Environment Agency, F16the 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 F17or the Office for Nuclear Regulation, includes a reference to—
(a)
(b)
an officer of a body which is so performing any such functions; and
(c)
an adviser appointed under section 13(7) F19or, 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 F48any 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 F21. . . of the Executive F22, of the Office for Nuclear Regulation or F49 of the Environment Agency F24or 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)
F50in the case of information given to an officer of a body which is a local authority, a water undertaker, F51or a sewerage undertaker or to an officer of Scottish Water, the purposes of the body F52authority, 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.
F53(6)
References in subsections (3) and (5) above to a local authority include F29 . . . a joint authority established by Part IV of the Local Government Act 1985, F30 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 F31, a fire and rescue authority created by an order under section 4A of the Fire and Rescue Services Act 2004 F33... F34and the London Fire Commissioner.
(7)
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)
(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 representatives 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.
F54(9)
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.
F55(9A)
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 F56or 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.
F38(9B)
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.
F57(10)
For the purposes of this section the Broads Authority shall be treated as a local authority.
28 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 F1, other than the Office for Nuclear Regulation (or an inspector appointed by it), F58under section 27A above F3, 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)
(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,
F59(ii)
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;
F60(f)
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.
F14(4)
In the preceding subsection, any reference to the Executive F15, the Office for Nuclear Regulation,, the Environment Agency,F16the 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 F17or the Office for Nuclear Regulation, includes a reference to—
(a)
(b)
an officer of a body which is so performing any such functions; and
(c)
an adviser appointed under section 13(7) F19or, 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 F61any 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 F21. . . of the Executive F22, 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 F62body 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.
F63(6)
References in subsections (3) and (5) above to a local authority include F29 . . . a joint authority established by Part IV of the Local Government Act 1985, F30 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 ActF33... F33... F64 and the London Fire and Emergency Planning Authority.
(7)
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)
(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 representatives 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.
F65(9)
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.
F66(9A)
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.
F38(9B)
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.
F67(10)
For the purposes of this section the Broads Authority shall be treated as a local authority.