The Construction Products Regulations 2013 No. 1387

PART 4 U.K. Miscellaneous and supplemental

Restrictions on the disclosure of information U.K.

22.—(1) A person shall be guilty of an offence if that person discloses any information to which paragraph (2) applies, except in a case where paragraph (3) applies.

(2) This paragraph applies to information—

(a) which was obtained by that person in consequence of its being given to any person in compliance with any requirement imposed by these Regulations;

(b) which consists in a secret manufacturing process or a trade secret and was obtained by that person in consequence of the inclusion of the information—

(i) in written or oral representations made for the purposes of Schedule 3 or 4, or

(ii) in a statement of a witness in connection with any such oral representations;

(c) which was obtained by that person in consequence of the exercise by the Secretary of State of the power conferred by regulation 13;

(d) which was obtained by that person in consequence of the exercise by any person of any power conferred by Part 3; or

(e) which relates to any construction product and was disclosed to or through that person by virtue of Article 27(2) of the 2008 Regulation, other than information to which regulation 3 (offence of disclosure of restricted information by specified persons) of the Customs Disclosure of Information and Miscellaneous Amendments Regulations 2012 M1 applies.

(3) This paragraph applies where—

(a) the disclosure is of information which—

(i) has been disclosed in any civil or criminal proceedings, or

(ii) is or has been required to be contained in a warning published in pursuance of a notice to warn; or

(b) the disclosure is made—

(i) for the purpose of facilitating the exercise of a relevant person's functions under these Regulations,

(ii) for the purpose of facilitating the exercise of a relevant person's enforcement or regulatory functions under any enactment (whether passed or made before or after the making of these Regulations),

(iii) for the purposes of compliance with [F1 a retained] EU obligation, or

(iv) in connection with the investigation of any criminal offence or for the purposes of any civil or criminal proceedings.

(4) In paragraph (3)(b)(ii) the reference to a person's functions shall include a reference to any function of making, amending or revoking any regulations or order.

(5) A person guilty of an offence under this regulation shall be liable—

(a) on summary conviction, to a fine not exceeding level 5 on the standard scale;

(b) on conviction on indictment, to imprisonment for a term not exceeding two years or to a fine or to both.

(6) In this regulation—

“relevant person” means any of the following, that is to say—

(a)

a Minister of the Crown, Government department F2 ...;

(b)

any local weights and measures authority F2 ...;

(c)

any other person on whom enforcement or regulatory functions are conferred by or under any enactment; and

“enactment” includes an enactment comprised in, or in an instrument made under, an Act of the Scottish Parliament.

Textual Amendments

F1 Words in reg. 22(3)(b)(iii) substituted (31.12.2020) by S.I. 2019/465, Sch. 2 para. 11(a) (as substituted by The Construction Products (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1359), reg. 1, Sch. 2)

F2 Words in reg. 22(6) omitted (31.12.2020) by virtue of S.I. 2019/465, Sch. 2 para. 11(b) (as substituted by The Construction Products (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1359), reg. 1, Sch. 2)

Marginal Citations

M1 S.I. 2012/1848.