Section 63: Restrictions on the disclosure of information
142.Section 63(1) provides that information obtained by an ethical standards officer may only be disclosed if at least one of the following conditions is met:
the disclosure is for the purposes of any functions of the Standards Board, an ethical standards officer, the Local Commissioner in Wales, the president or deputy president of the Adjudication Panel or any tribunal;
the person to whom the information relates has consented to its disclosure;
the information has previously been disclosed to the public with lawful authority;
the disclosure is for the purposes of criminal proceedings in any part of the UK—although information obtained from persons who are under the obligation to comply with ethical standards officers under section 62(2) cannot be disclosed;
the disclosure is made to the Audit Commission for the purposes of any functions of the Commission or an auditor under the Audit Commission Act 1998.
143.Subsections (2) and (3) provide that the Secretary of State or a relevant authority may prevent the disclosure of information if it would be contrary to the public interest.
144.Subsection (4) introduces an offence of disclosing documents and information in contravention of subsection (1). Any person on summary conviction would be liable to a term of imprisonment of up to six months. Any person on conviction on indictment would be liable to a term of imprisonment not exceeding two years, or to a fine, or both.
