Part 10Protection of NHS from fraud and other unlawful activities

Offences under this Part

205Offences relating to disclosure or use of information

1

A person commits an offence if he fails to comply with section 201(2) or (5) or section 202(2).

2

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 to a fine, or to both,

b

on summary conviction to imprisonment for a term not exceeding 51 weeks or to a fine not exceeding the statutory maximum, or to both.

3

It is a defence for a person charged with an offence under subsection (1) in respect of a disclosure of information to prove that at the time of the alleged offence—

a

any of the circumstances in subsection (4) applied, or

b

he reasonably believed that they applied.

4

The circumstances referred to in subsection (3) are—

a

that the disclosure was lawful,

b

that the information had already been lawfully made available to the public,

c

that the disclosure was necessary or expedient for the purpose of protecting the welfare of any individual,

d

that the disclosure was made in a form in which no person to whom the information relates is identified.

5

Subsection (4)(d) is not satisfied if the identity of any such person can be ascertained either—

a

from the information itself, or

b

from that information taken with other information obtained by virtue of section 197 or 198 and disclosed by or on behalf of the Secretary of State.