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PART 14Monitoring and enforcement

CHAPTER 5Restrictions on disclosure of information

SECTION 1Prohibition against disclosure of protected information

Meaning of “protected information”

254.—(1) A reference in this Section to “protected information” means information which has been—

(a)obtained by the regulator or an inspector under this Part, or

(b)shared with any of the persons listed in regulation 253(1).

(2) Information is not protected information for the purposes of this Section if it has been disclosed or made available to the public lawfully from other sources.

Prohibition on disclosing protected information

255.  Protected information must not be disclosed except in accordance with Section 2 of this Chapter.

Offence of disclosing protected information

256.  It is an offence for a person to disclose information in contravention of regulation 255.

Defences to offence of disclosing protected information

257.  It is a defence for a person charged with an offence under regulation 256 to prove—

(a)that the person did not know, and had no reason to suspect, that the information disclosed was protected information, or

(b)that the person took all reasonable precautions, and exercised all due diligence, to avoid committing the offence.

Penalty for disclosing protected information

258.  A person guilty of an offence under regulation 256 is liable—

(a)on summary conviction in England and Wales, to a fine;

(b)on summary conviction in Scotland or Northern Ireland, to a fine not exceeding the statutory maximum;

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