Part 1

General functions of local authority: England

Information, advice and assistance

Unauthorised disclosure of information received under section 13A
13B
1
A person commits an offence if the person discloses any information—
a
which the person received by virtue of any of subsections (3) to (5) of section 13A, and
b
which relates to a particular person,
unless the information is disclosed in accordance with subsection (2).
2
Information is disclosed in accordance with this subsection if it is disclosed in any of the following ways—
a
in the case of information received by virtue of section 13A(3), in accordance with section 13A(5);
b
in the course of a duty that the person disclosing it has in connection with the exercise of functions relating to eligibility for free of charge early years provision;
c
in accordance with an enactment or an order of a court;
d
with consent given by or on behalf of the person to whom the information relates.
3
It is a defence for a person charged with an offence under subsection (1) to prove that the person reasonably believed that the disclosure was lawful.
4
A person guilty of an offence under subsection (1) is liable—
a
on conviction on indictment, to imprisonment for a term not exceeding two years, or a fine, or both;
b
on summary conviction, to imprisonment for a term not exceeding 12 months, or a fine not exceeding the statutory maximum, or both.
5
In relation to an offence committed before the commencement of section 154(1) of the Criminal Justice Act 2003, the reference in subsection (4)(b) to 12 months is to be read as a reference to 6 months.
Ss. 13A, 13B inserted (1.9.2012) by Education Act 2011 (c. 21), ss. 1(3), 82(3); S.I. 2012/1087, art. 3