Gas Act 1986

Miscellaneous E+W+S

42 General restrictions on disclosure of information. E+W+S

(1) Subject to the following provisions of this section, no information with respect to any particular business which—

(a) has been obtained under or by virtue of the provisions of this Part; and

(b) relates to the affairs of any individual or to any particular business,

shall, during the lifetime of that individual or so long as that business continues to be carried on, be disclosed without the consent of that individual or the person for the time being carrying on that business.

(2) Subsection (1) above does not apply to any disclosure of information which is made—

(a) for the purpose of facilitating the performance of any functions assigned to the Secretary of State, the Director or the Monopolies Commission by or under this Part;

(b) for the purpose of facilitating the performance of any functions of any Minister of the Crown, the Director General of Fair Trading [F1 the Director General of Water Services][F2 the Director General of Electricity Supply][F3 the Rail Regulator] or a local weights and measures authority in Great Britain under any of the enactments [F4 or subordinate legislation] specified in subsection (3) below;

(c) for the purpose of facilitating the performance of any functions of the Health and Safety Executive under any enactment;[F5 (cc) for the purpose of facilitating the carrying out by the Comptroller and Auditor General of any of his functions under any enactment;]

(d) in connection with the investigation of any criminal offence or for the purposes of any criminal proceedings;

(e) for the purposes of any civil proceedings brought under or by virtue of this Part or any of the enactments [F6 or subordinate legislation] specified in subsection (3) below; or

(f) in pursuance of a Community obligation.

(3) The enactments [F7 and subordinate legislation] referred to in subsection (2) above are—

(a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F8

(b) the M1 Trade Descriptions Act 1968;

(c) the M2 Fair Trading Act 1973;

(d) the M3 Consumer Credit Act 1974;

(e) the M4 Restrictive Trade Practices Act 1976;

(f) the M5 Resale Prices Act 1976;

(g) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F8

(h) the M6 Estate Agents Act 1979; F9

(i) the M7 Competition Act 1980.

[F10 (j) the M8 Consumer Protection Act 1987.]

[F11 (k) the M9 Control of Misleading Advertisements Regulations 1988]

[F12 (l) the M10 Water Act 1989 [F13 the M11 Water Industry Act 1991 or any of the other consolidation Acts (within the meaning of section 206 of that Act of 1991)].]

[F14 (m) the M12 Electricity Act 1989.]

[F15 (n) the Railways Act 1993]

(4) Nothing in subsection (1) above shall be construed—

(a) as limiting the matters which may be published under section [F16 33C or] 35 above or may be included in, or made public as part of, a report of the Director, the Council or the Monopolies Commission under any provision of this Part other than section 33(3) above; or

(b) as applying to any information which has been so published or has been made public as part of such a report.

(5) Any person who discloses any information in contravention of this section shall be guilty of an offence and liable—

(a) on summary conviction, to a fine not exceeding the statutory maximum;

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

[F17 (6) In relation to the Consumer Protection Act 1987 the reference in subsection (2)(b) above to a weights and measures authority shall include a reference to any person on whom functions under that Act are conferred by regulations under section 27(2) of that Act.]

Textual Amendments

F1 Words inserted (E.W.) by Water Act 1989 (c. 15, SIF 130), s. 190(1), Sch. 25 para. 77(a) (with ss. 58(7), 101(1), 141(6), 160(1)(2)(4), 163, 189(4)–(10), 190, 193(1), Sch. 26 paras. 3(1)(2), 17, 40(4), 57(6), 58)

F2 Words inserted by Electricity Act 1989 (c. 29, SIF 44:1), s. 112(1)(3), Sch. 16 para. 34(a), Sch. 17 para. 35(1)

F3 Words in s. 42(2)(b) inserted (6.1.1994) by 1993 c. 43, s. 152(1), Sch. 12 para. 24(1); S.I. 1993/3237, art. 2(2).

F4 Words inserted by S.I. 1988/915, reg. 7(6)(h)(i)

F5 S. 42(2)(cc) inserted (1.7.1992) by Competition and Service (Utilities) Act 1992 (c. 43), s. 56(6), Sch. 1 para 8(a); Commencement Order No. 1 made on 29.5.1992, art. 3, Sch. Pt. I.

F6 Words inserted by S.I. 1988/915, reg. 7(6)(h)(i)

F7 Words inserted by S.I. 1988/915, reg. 7(6)(h)(ii)

F8 S. 42(3)(a)(g) repealed by Consumer Protection Act 1987 (c. 43, SIF 109:1), ss. 41(2), 47(1)(2), 48(3), Sch. 5

F9 Word repealed by Consumer Protection Act 1987 (c. 43, SIF 109:1), ss. 41(2), 47(1)(2), 48(3), Sch. 5

F10 S. 42(3)(j) inserted by Consumer Protection Act 1987 (c. 43, SIF 109:1), ss. 41(2), 47(1)(2), 48(1), Sch. 4 para. 11(a)

F11 S. 42(3)(k) inserted by S.I. 1988/915, reg. 7(6)(h)(ii)

F12 S. 42(3)(l) inserted (E.W.) by Water Act 1989 (c. 15, SIF 130), s. 190(1), Sch. 25 para. 77(b), (with ss. 58(7), 101(1), 141(6), 160(1)(2)(4), 163, 189(4)-(10), 190, 193(1), Sch. 26 paras. 3(1)(2), 17, 40(4), 57(6), 58)

F13 Words in s. 42(3)(l) inserted (E.W.) (1.12.1991) by Water Consolidation (Consequential Provisions) Act 1991 (c. 60, SIF 130), ss. 2(1), 4(2), Sch. 1 para. 45

F14 S. 42(3)(m) inserted by Electricity Act 1989 (c. 29, SIF 44:1), s. 112(1), (3). Sch. 16 para. 34(b), Sch. 17 para. 35(1)

F15 S. 42(3)(n) added (6.1.1994) by 1993 c. 43, s. 152(1), Sch. 12 para. 24(2); S.I. 1993/3237, art. 2(2).

F16 Words in s. 42(4)(a) inserted (1.7.1992) by Competition and Service (Utilities) Act 1992 (c. 43), S. 56(6), Sch. 1 para 8(b); Commencement Order No. 1 made on 29.5.1992, art. 3, Sch. Pt. I.

F17 S. 42(6) inserted by Consumer Protection Act 1987 (c. 43, SIF 109:1), ss. 41(2), 47(1)(2), 48(1), Sch. 4 para. 11(b)

Marginal Citations

M1 1968 c. 29

M2 1973 c. 41

M3 1974 c. 39

M4 1976 c. 34

M5 1976 c. 53

M6 1979 c. 38

M7 1980 c. 21

M8 1987 c. 43

M9 S.I. 1988/915.

M10 1989 c. 15

M11 1991 c. 56

M12 1989 c. 29

43 Making of false statements etc. E+W+S

(1) If any person, in giving any information or making any application for the purposes of any provision of this Part, or of any regulation made under any provision of this Part, makes any statement which he knows to be false in a material particular, or recklessly makes any statement which is false in a material particular, he shall be guilty of an offence and liable—

(a) on summary conviction, to a fine not exceeding the statutory maximum;

(b) on conviction on indictment, to a fine.

(2) Proceedings for an offence under subsection (1) above shall not in England and Wales be instituted except by or with the consent of the Secretary of State or the Director of Public Prosecutions.

44 Compensation to chairmen and officers of Consumers’ Councils. E+W+S

(1) The Secretary of State may pay—

(a) to the person who immediately before the appointed day is the chairman of the National Gas Consumers’ Council; and

(b) to the persons who immediately before that day are the chairmen of the Regional Gas Consumers’ Councils,

such sums by way of compensation for loss of office or loss or diminution of pension rights as the Secretary of State may with the approval of the Treasury determine.

(2) The Secretary of State may also pay to persons who immediately before the appointed day were officers of any of the Councils mentioned in subsection (1) above such sums by way of compensation for loss of employment, or loss or diminution of remuneration or pension rights, as the Secretary of State may with the approval of the Treasury determine.

(3) Any sums required by the Secretary of State for the purposes of this section shall be paid out of money provided by Parliament.