Section 29: Disclosure of information
79.Section 29(1) brings the Act within the general regime in Part 9 of the Enterprise Act 2002 (c. 40) (“the 2002 Act”) that protects information from improper disclosure and use. It does this by adding the Act to the list in Schedule 14 to the 2002 Act. The effect of this is that information which the Council obtains under the Act will be restricted, and it will be an offence to disclose information about the business of a company or the affairs of an individual unless Part 9 of the 2002 Act permits it.
80.Subsection (2) adds the Act to Schedule 15 to the 2002 Act. The effect of this is that information which is restricted under the 2002 Act and obtained under legislation other than the Act can be disclosed to the Council to help it carry out its functions under the Act.
81.Subsection (3) makes information obtained by the Council under powers in legislation relating to the gas, electricity and postal services sectors subject to the disclosure regime in the 2002 Act. Without these provisions, the information would be subject to the regime in the Utilities Act 2000 (c. 27) or the Postal Services Act 2000 (c.26).
82.Subsection (4) states that the 2002 Act restrictions do not apply when the Council makes information available or publishes it under specified powers in the Act, the Gas Act 1986 (c.44) and the Electricity Act 1989 (c.29). In these cases subsection (5) requires the Council to consult the individual or business affected first; and subsection (6) requires the Council in these cases also to have regard to the considerations in section 244 of the 2002 Act before disclosing or publishing it. These requirements do not apply to the Council publishing information about complaint handling under section 45 of the Act or publication of statistical information about the performance of gas and electricity suppliers.
