Restrictive Trade Practices Act 1976 (repealed 1.3.2000)

41 Disclosure of information. U.K.

(1) Subject to subsection (2) below, no information with respect to any particular business which has been obtained under or by virtue of the provisions of this Act shall, so long as that business continues to be carried on, be disclosed without the consent of the person for the time being carrying on that business; but this subsection does not apply to any disclosure of information which is made—

(a) for the purpose of facilitating the performance of any functions of the Director, [F1 the Director General of Telecommunications,][F2 the Director General of Gas Supply,][F3 the Civil Aviation Authority,][F4 the Director General of Water Services,][F5 the Director General of Electricity Supply][F6 the Director General of Electricity Supply for Northern Ireland][F7 or theDirector General of Gas for Northern Ireland][F8 the Rail Regulator][F9 the Authorised Conveyancing Practitioners Board, the Coal Authority] the Monopolies and Mergers Commission, the Secretary of State or any other Minister under this Act or the M1 Fair Trading Act 1973 [F10 or the M2 Estate Agents Act 1979][F11 or the M3 Competition Act 1980][F1 or the Telecommunications Act 1984][F12 or Chapter XIV of Part I of the Financial Services Act 1986][F2 or the Gas Act 1986][F3 or the Airports Act 1986][F4 or the Water Act 1989][F13 the Water Industry Act 1991 or any of the other consolidation Acts (within the meaning of section 206 of that Act of 1991)][F14 or the Electricity Act 1989][F6 or the Electricity (Northern Ireland) Order 1992][F7 or the Gas (Northern Ireland) Order 1996][F15 or Part IV of the Airports (Northern Ireland) Order 1994][F16 or the Broadcasting Act 1990][F17 or the Control of Misleading Advertisements Regulations 1988][F18 or the Courts and Legal Services Act 1990][F19 or the Railways Act 1993][F9 or the Coal Industry Act 1994][F20 or the EC Competition Law (Articles 88 and 89) Enforcement Regulations 1996];

(b) in pursuance of a Community obligation;

(c) for the purposes of any proceedings before the Court or of any other legal proceedings, whether civil or criminal, under this Act or the M4 Fair Trading Act 1973 [F21 or the Control of Misleading Advertisements Regulations 1988].

(2) Nothing in subsection (1) above shall be construed—

(a) as limiting the particulars which may be entered or filed in, or made public as part of, the register under this Act; or

(b) as applying to any information which has been made public as part of that register.

(3) Any person who discloses any information in contravention of this section is guilty of an offence and liable—

(a) on summary conviction, to a fine not exceeding £400;

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

(4) No prosecution for an offence under this section shall be commenced after the expiry of three years from the commission of the offence or one year from its discovery by the prosecutor whichever is the earlier.

(5) Notwithstanding anything in [F22 section 127(1) of the M5 Magistrates’ Courts Act 1980], a magistrates’ court may try an information for an offence under this section if the information was laid within twelve months from the commission of the offence.

(6) Notwithstanding anything in [F23 section 136 of the Criminal Procedure (Scotland) Act 1995], summary proceedings in Scotland for an offence under this section may be commenced within twelve months from the commission of the offence, and [F23 subsection (3) of the said section 136]applies for the purposes of this subsection as it applies for the purposes of that section.

(7) In the application of this section to Northern Ireland, for the references in subsection (5) above to [F24 section 127(1) of the M6 Magistrates’ Courts Act 1980] and to the trial and laying of an information there shall be substituted respectively references to [F25 Article 19(1) of the Magistrates’ Courts (Northern Ireland) Order 1981] and to the hearing and determination and making of a complaint.

Textual Amendments

F1 Words inserted by Telecommunications Act 1984 (c. 12, SIF 96), s. 109, Sch. 4 para. 65, Sch. 5 para. 45

F2 Words inserted by Gas Act 1986 (c. 44, SIF 44:2), s. 67(1), Sch. 7 para. 23

F3 Words inserted by Airports Act 1986 (c. 31, SIF 9), s. 83(1), Sch. 4 para. 5

F4 Words inserted (E.W.) by Water Act 1989 (c. 15, SIF 130), s. 190(1), Sch. 25 para. 53

F5 Words inserted (E.W.S.) after “the Director General of Water Supply” by Electricity Act 1989 (c. 29, SIF 44:1), s. 112(1), Sch. 16 para. 19

F6 Words in s. 41(1)(a) inserted (1.4.1992) by S.I. 1992/231 (N.I. 1), art. 95(1), Sch. 12 para. 16(a)(b); S.R. 1992/117, art. 3(1)

F7 Words in s. 41(1)(a) inserted (10.6.1996) by S.I. 1996/275 (N.I.2), art. 71(1), Sch. 6; S.R. 216, art. 2

F8 Words in s. 41(1) inserted (6.1.1994) by 1993 c. 43, ss. 150(1)(o), 152(1), Sch. 12 para. 10(a); S.I. 1993/3237, art. 2(2)

F9 Words in s. 41(1)(a) substituted (31.10.1994) by 1994 c. 21, s. 67(1), Sch. 9 para. 17(a)(b) (with ss. 40(7), 66); S.I. 1994/2553, art. 2

F10 Words added by Estate Agents Act 1979 (c. 38, SIF 124:4), s. 10(4)(c)

F11 Words added by Competition Act 1980 (c. 21, SIF 124:1), s. 19(4)(e)

F12 Words inserted by Financial Services Act 1986 (c. 60, SIF 69), s. 182, Sch. 13 para. 2

F13 S. 41(1)(a): by Water Consolidation (Consequential Provisions) Act 1991 (c. 60, SIF 130), ss. 2, 4(2), Sch. 1 para. 31 words are expressed to be inserted (E.W.) (1.12.1991) after 'or the Water Act 1989,' in s. 4(1)(a)

F14 Words inserted (E.W.S.) by Electricity Act 1989 (c. 29, SIF 44:1), s. 112(1), Sch. 16 para. 19

F15 Words in s. 41(1)(a) substituted (1.9.1995) by S.I. 1994/426 (N.I. 1) art. 71(2), Sch. 9 para. 5; S.R. 1995/294, art. 2

F16 Words inserted by Broadcasting Act 1990 (c. 42, SIF 96), s. 203(1), Sch. 20 para. 25

F17 Words inserted by S.I. 1988/915, art. 7(6)(c)(i)

F18 Words inserted (prosp.) by Courts and Legal Services Act 1990 (c. 41, SIF 37), ss. 124(3), 125(3), Sch. 18 para. 19(b)

F19 Words in s. 41(1) inserted (6.1.1994) by 1993 c. 43, ss. 150(1)(o), 152(1), Sch. 12 para. 10(b); S.I. 1993/3237, art. 2(2)

F20 Words in s. 41(1)(a) inserted (28.8.1996) by S.I. 1996/2199, art. 29(2)

F21 Words inserted by S.I. 1988/915, art. 7(6)(c)(ii)

F22 Words substituted by Magistrates' Courts Act 1980 (c. 43, SIF 82), s. 154, Sch. 7 para. 140

F23 Words in s. 41(6) substituted (1.4.1996) by 1995 c. 40, s. 5, Sch. 4 para. 12(3)

F24 Words substituted (with saving) by Magistrates' Courts Act 1980 (c. 43, SIF 82), s. 154, Sch. 7 para. 140

F25 Words substituted by S.I. 1981/1675 (N.I. 26), art. 170(2), Sch. 6 para. 43

Modifications etc. (not altering text)

C1 S. 41(1) excluded by Broadcasting Act 1990 (c. 42, SIF 96), s. 197(5)(b)

Marginal Citations

M1 1973 c. 41.

M2 1979 c. 38.

M3 1980 c. 21.

M4 1973 c. 41.

M5 1980 c. 43.

M6 1980 c. 43.