Part V Miscellaneous and Supplemental
C138 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.
C22
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 M1Trade Descriptions Act 1968;
b
Parts II and III and section 125 of the M2Fair Trading Act 1973;
c
d
the M5Consumer Credit Act 1974;
F1e
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F1f
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g
the M6Estate Agents Act 1979;
h
the M7Competition Act 1980;
i
the M8Telecommunications Act 1984;
j
the M9Airports Act 1986;
k
the M10Gas 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.
F2m
the Electricity Act 1989.
F3mm
Part IV of the Airports (Northern Ireland) Order 1994;
F4n
the Electricity (Northern Ireland) Order 1992
F5nn
the Gas (Northern Ireland) Order 1996;
F6o
the Railways Act 1993
F7p
the Competition Act 1998.
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 F8Competition Commission, the Director General of Fair Trading, the Director General of Telecommunications or the Director General of Gas Supply F9or the Director General of Electricity SupplyF10or the Director General of Electricity Supply for Northern IrelandF11or the Director General of Gas for Northern IrelandF12or the Rail Regulator;
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;