Cluster Munitions (Prohibitions) Act (c.11) which received Royal Assent on 25 March 2010

Cluster Munitions (Prohibitions) Act 2010

2010 CHAPTER 11

Commentary on Sections

Section 23: Disclosure of information

137. The purpose of this section is to protect the information obtained under the Act or the Convention. The section does this, subject to certain exceptions, by making it an offence to disclose any information obtained under this Act or the Convention.

138. Subsection (1) specifies the information to be protected by this section. The intention is that it cover all information obtained under, or in connection with anything done under, this Act or the Convention that relates to a particular business or other activity carried on by any person. The information protected by this section is not limited to information obtained and held by the Secretary of State.

139. Subsection (2) stipulates that the information is not to be disclosed while the business or activity is ongoing, unless one of the specific exceptions applies:

• with the consent of the person carrying on the relevant business or activity;

• for the purposes of the Convention or the Act;

• regarding investigation of a criminal offence or for the purposes of criminal proceedings;

• relating to enforcement of trade controls;

• to ensure the UK’s security.

140. To ensure compliance subsection (4) makes it an offence to disclose information covered by this section. The penalties on summary conviction or conviction on indictment are stipulated. The penalties mirror those in sections 18(5) and 20(9) for giving false and misleading information.

141. The effect of subsection (5) is that the exceptions set out in subsection (2)(b) to (f) override other obligations not to disclose the information concerned, for example a contractual duty to preserve its confidentiality.