Part 9

Information

Permitted disclosure

Civil proceedings
241A
1
A public authority which holds prescribed information to which section 237 applies may disclose that information to any person—
a
for the purposes of, or in connection with, prescribed civil proceedings (including prospective proceedings) in the United Kingdom or elsewhere, or
b
for the purposes of obtaining legal advice in relation to such proceedings, or
c
otherwise for the purposes of establishing, enforcing or defending legal rights that are or may be the subject of such proceedings.
2
Subsection (1) does not apply to—
a
information which comes to a public authority in connection with an investigation under Part 4, 5 or 6 of the 1973 Act or under section 11 of the Competition Act 1980;
b. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
c
information which comes to a public authority in connection with an investigation under Part 3 or 4 or section 174 of this Act;
d
information which comes to a public authority in connection with an investigation under the Competition Act 1998 (c. 41).
3
In subsection (1) “
prescribed
” means prescribed by order of the Secretary of State.
4
An order under this section—
a
may prescribe information, or civil proceedings, for the purposes of this section by reference to such factors as appear to the Secretary of State to be appropriate;
b
may prescribe for the purposes of this section all information, or civil proceedings, or all information or civil proceedings not falling within one or more specified exceptions;
c
must be made by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament.
5
Information disclosed under this section must not be used by the person to whom it is disclosed for any purpose other than those specified in subsection (1).
S. 241A inserted (6.4.2007) by Companies Act 2006 (c. 46), ss. 1281, 1300; S.I. 2006/3428, art. 4(1)(f) (subject to arts. 5, 6-8, Schs. 1, 5)
Pt. 9 applied (N.I.) (1.4.2003) by The Energy (Northern Ireland) Order 2003 (S.I. 2003/419) (N.I. 6), art. 63; S.R. 2003/203, art. 2, Sch.
Pt. 9 applied (20.6.2003) by S.I. 1990/1715, reg. 5 (as inserted by The Enterprise Act 2002 (Consequential and Supplemental Provisions) Order 2003 (S.I. 2003/1398), art. 2, Sch. para. 17(5))
Pt. 9 (ss. 237-247) modified (prosp.) by Consumers, Estate Agents and Redress Act 2007 (c. 17), ss. 29(3)-(7), 66 (with s. 6(9))
Pt. 9 modified (1.10.2008) by Consumers, Estate Agents and Redress Act 2007 (c. 17), s. 29(3)-(7), 66(2) (with s. 6(9)); S.I. 2008/2550, art. 2, Sch.
Pt. 9 restricted (2.3.2009) by The Payment Services Regulations 2009 (S.I. 2009/209), regs. 1(2)(a), 119(3) (with reg. 3)
Pt. 9 applied (1.5.2009 for specified purposes, 1.11.2009 in so far as not already in force) by The Payment Services Regulations 2009 (S.I. 2009/209), reg. 1(2)(b)(c), 107 (with reg. 3)
S. 241A(2)(b) repealed (1.4.2013) by Financial Services Act 2012 (c. 21), s. 122(3), Sch. 19 (with Sch. 20); S.I. 2013/423, art. 3, Sch.
Pt. 9 modified (13.8.2017) by The Payment Services Regulations 2017 (S.I. 2017/752), regs. 1(2)(a), 147(3) (with reg. 3)