Part VII Miscellaneous and Supplemental
Supplemental
101 General restrictions on disclosure of information.
1
Subject to the following provisions of this section, no information with respect to any particular business which—
a
has been obtained under or by virtue of the provisions of this Act; and
b
relates to the private affairs of any individual or to any particular business,
shall during the lifetime of that individual or so long as that business continues to be carried on, be disclosed without the consent of that individual or the person for the time being carrying on that business.
C12
Subsection (1) above does not apply to any disclosure of information which is made—
a
for the purpose of facilitating the performance of any functions assigned or transferred to the Secretary of State, the Director or the Commission by or under this Act;
b
for the purpose of facilitating the performance of any functions of any Minister, any Northern Ireland department, the head of any such department, F1the Office of Fair TradingF2, the CommissionF3;the Director General of Water ServicesF4the Director General of Electricity SupplyF5the Director General of Electricity Supply for Northern IrelandF6or the Director General of Gas for Northern IrelandF25the Rail RegulatorF7, the Civil Aviation Authority or a local weights and measures authority in Great Britain under any of the enactments F8or subordinate legislation specified in subsection (3) below;
F9(bb) for the purpose of facilitating the carrying out by the Comptroller and Auditor General of any of his functions under any enactment;
c
in connection with the investigation of any criminal offence or for the purposes of any criminal proceedings;
d
for the purpose of any civil proceedings brought under or by virtue of this Act or any of the enactments F8or subordinate legislation specified in subsection (3) below; or
e
in pursuance of a Community obligation.
3
The enactments F10and subordinate legislation referred to in subsection (2) above are—
a
the Trade Descriptions Act 1968;
b
the 1973 Act;
c
the Consumer Credit Act 1974;
F11d
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F11e
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
f
the Estate Agents Act 1979; F12
g
the 1980 Act.
F13h
the Consumer Protection Act 1987.
F14i
the Consumer Protection (Northern Ireland) Order 1987.
F26i
the Control of Misleading Advertisements Regulations 1988
F15j
the Water Act 1989.
F16k
the Electricity Act 1989.
F17l
the Electricity (Northern Ireland) Order 1992.
F1811
The Gas (Northern Ireland) Order 1996;
F20n
the Competition Act 1998
F21o
Part I of the Transport Act 2000.
F22p
the Enterprise Act 2002
4
Nothing in subsection (1) above shall be construed—
a
as limiting the matters which may be published under section F2727C or 48 above or may be included in, or made public as part of, a report of the Director or of the Commission under this Act; or
b
as applying to any information which has been so published or has been made public as part of such a report.
5
Any person who discloses any information in contravention of this section shall be guilty of an offence and 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.
F236
Information obtained by the Director in the exercise of functions which are exercisable concurrently with F24the Office of Fair Trading under Part I of the Competition Act 1998 is subject to sections 55 and 56 of that Act (disclosure) and not to subsections (1) to (5) of this section.