PART 4

Trade information

Offence relating to disclosure under section 14
15
1
If a person discloses information in contravention of section 14 which relates to a person whose identity—
a
is specified in the disclosure, or
b
can be deduced from it,
the person who disclosed the information commits an offence.
2
It is a defence for a person charged with an offence under this section to prove that the person reasonably believed—
a
that the disclosure was lawful, or
b
that the information had already lawfully been made available to the public.
3
A prosecution for an offence under this section—
a
may be brought in England and Wales only with the consent of the Director of Public Prosecutions;
b
may be brought in Northern Ireland only with the consent of the Director of Public Prosecutions for Northern Ireland.
4
A person guilty of an offence under this section is liable—
a
on conviction on indictment, to imprisonment for a term not exceeding two years, to a fine or to both, or
b
on summary conviction—
i
in England and Wales, to imprisonment for a term not exceeding the general limit in a magistrates’ court, to a fine or to both;
ii
in Scotland, to imprisonment for a term not exceeding 12 months, to a fine not exceeding the statutory maximum or to both;
iii
in Northern Ireland, to imprisonment for a term not exceeding 6 months, to a fine not exceeding the statutory maximum or to both.
5
In relation to an offence committed before 2 May 2022, the reference in subsection (4)(b)(i) to the general limit in a magistrates’ court is to be read as a reference to 6 months.
S. 15 in force at 30.6.2021 by S.I. 2021/550, reg. 4(e)
Words in s. 15(5) substituted (28.4.2022) by The Criminal Justice Act 2003 (Commencement No. 33) and Sentencing Act 2020 (Commencement No. 2) Regulations 2022 (S.I. 2022/500), regs. 1(2), 5(1), Sch. Pt. 1
Words in s. 15(4)(b)(i) substituted (7.2.2023 at 12.00 p.m.) by The Judicial Review and Courts Act 2022 (Magistrates’ Court Sentencing Powers) Regulations 2023 (S.I. 2023/149), regs. 1(2), 2(1), Sch. Pt. 1
Words in s. 15(5) substituted (7.2.2023 at 12.00 p.m.) by The Judicial Review and Courts Act 2022 (Magistrates’ Court Sentencing Powers) Regulations 2023 (S.I. 2023/149), regs. 1(2), 2(1), Sch. Pt. 1