PART 10Restrictions on disclosing information

Information specified for the purposes of paragraph 1(1)(c) of Schedule 556

1

Information is specified for the purposes of paragraph 1(1)(c) of Schedule 5 (information to which that Schedule applies) if it falls within any of paragraphs (2) to (5) below.

2

Information falls within this paragraph if—

a

it has been obtained by the Secretary of State under Part 4 of these Regulations (records); and

b

its disclosure would be likely to substantially prejudice the commercial interests of any person.

3

Information falls within this paragraph if it has been provided to the Secretary of State or the SSRO in accordance with any of the following provisions—

a

regulation 23(2)(a), (d) or (e)(i) (contract pricing statement), including information described in any of those provisions and required under regulation 30(3);

b

regulation 23(2)(f), if the information relates to any information within sub-paragraph (a) above;

c

regulation 25(2)(b) to (f) and (l) (contract notification report);

d

regulation 26(6)(a) to (h) and (k) (quarterly contract report);

e

regulation 27(4)(b) to (i) and (5)(a), (b) and (e) (interim contract report), including information described in any of those provisions and required under regulation 30(3);

f

regulation 28(2)(b) to (k) and (p) (contract completion report);

g

regulation 29(2)(c) to (e) (contract costs statement), including information described in that provision and required under regulation 30(1) or (3);

h

regulation 34(3)(d) to (j) (actual rates claim report);

i

regulation 35(7) and (8) (QBU actual cost analysis report);

j

regulation 36(3)(d) to (j) (estimated rates claim report);

k

regulation 37(7) and (8) (QBU estimated cost analysis report);

l

regulation 38(6) (estimated rates agreement pricing statement);

m

regulation 39(4)(c) and (d) (rates comparison report); or

n

regulations 41 to 44 (strategic industry capacity report).

4

Information falls within this paragraph if—

a

it—

i

has been provided to the Secretary of State under section 26 (duty to report relevant events etc); or

ii

has been provided to the Secretary of State in a notice given under regulation 47(2); and

b

it is of a kind that could have fallen within any provision listed in paragraph (3).

5

Information falls within this paragraph if—

a

it has been provided—

i

to the SSRO for the purposes of any application, reference or appeal to the SSRO; or

ii

by the SSRO under section 36(3)(b) or arrangements made by virtue of section 37(2)(a); and

b

its disclosure would be likely to substantially prejudice the commercial interests of any person.