Civil Aviation Act 1980

17 Amendment of section 36 of the Act of 1971

For subsection (1) of section 36 of the Act of 1971 (disclosure of information) there shall be substituted the following subsections—

“(1) Subject to subsection (2) below, no information which relates to a particular person and has been furnished to the Authority in pursuance of any provision of this Part of this Act or an Air Navigation Order shall be disclosed by the Authority or a member or employee of the Authority unless—

(a) the person aforesaid has consented in writing to disclosure of the information ; or

(b) the Authority, after affording that person an opportunity to make representations about the information and considering any representation then made by that person about it, determines that the information may be disclosed; or

(c) that person is an individual who is dead, or is a body corporate that has ceased to exist or, whether an individual or a body corporate, cannot be found after all reasonable inquiries have been made, and the Authority determines that the information may be disclosed; or

(d) the Authority determines that the information is of the same kind as other information as respects which it has made a determination in pursuance of paragraph (b) or (c) above.

(1A) Subsection (1) above shall apply in relation to the disclosure by an officer of the Secretary of State of information furnished to the Secretary of State in pursuance of any provision of this Part of this Act or an Air Navigation Order as it applies in relation to disclosure by the Authority or a member or employee of the Authority of information so furnished to the Authority, but with the substitution for references to the Authority in paragraphs (b) to (d) of references to the Secretary of State”;

and subsection (1A) of that section (inserted by paragraph 6(9)(c) of Schedule 1 to the [1978 c. 8.] Civil Aviation Act 1978) shall be renumbered as (1B).