PART 2Designation of persons
Confidential information in certain cases where designation power usedI1I29
1
Where the Secretary of State in accordance with regulation 8(6)(b) informs only certain persons of a designation, variation or revocation and (in the case of a designation) of the contents of the statement of reasons, the Secretary of State may specify that any of that information is to be treated as confidential.
2
A person (“P”) who—
a
is provided with information that is to be treated as confidential in accordance with paragraph (1), or
b
otherwise obtains such information,
must not, subject to paragraph (3), disclose it if P knows, or has reasonable cause to suspect, that the information is to be treated as confidential.
3
The prohibition in paragraph (2) does not apply to any disclosure made by P with lawful authority.
4
For this purpose information is disclosed with lawful authority only if and to the extent that—
a
the disclosure is by, or is authorised by, the Secretary of State,
b
the disclosure is by or with the consent of the person who is or was the subject of the designation,
c
the disclosure is necessary to give effect to a requirement imposed under or by virtue of these Regulations or any other enactment, or
d
the disclosure is required, under rules of court, tribunal rules or a court or tribunal order, for the purposes of legal proceedings of any description.
5
This regulation does not prevent the disclosure of information that is already, or has previously been, available to the public from other sources.
6
A person who contravenes the prohibition in paragraph (2) commits an offence.
7
The High Court (in Scotland, the Court of Session) may, on the application of—
a
the person who is the subject of the information, or
b
the Secretary of State,
grant an injunction (in Scotland, an interdict) to prevent a breach of the prohibition in paragraph (2).
8
In paragraph (4)(c), “enactment” has the meaning given by section 54(6) of the Act.