Health and Safety at Work etc. Act 1974

Obtaining and disclosure of informationU.K.

27 Obtaining of information by the Commission, the Executive, enforcing authorities etc. U.K.

(1)For the purpose of obtaining—

(a)any information which the Commission needs for the discharge of its functions; or

(b)any information which an enforcing authority needs for the discharge of the authority’s functions,

the Commission may, with the consent of the Secretary of State, serve on any person a notice requiring that person to furnish to the Commission or, as the case may be, to the enforcing authority in question such information about such matters as may be specified in the notice, and to do so in such form and manner and within such time as may be so specified.

In this subsection “consent” includes a general consent extending to cases of any stated description.

(2)Nothing in section 9 of the M1Statistics of Trade Act 1947 (which restricts the disclosure of information obtained under that Act) shall prevent or penalise—

(a)the disclosure by a Minister of the Crown to the Commission or the Executive of information obtained under that Act about any undertaking within the meaning of that Act, being information consisting of the names and address of the persons carrying on the undertaking, the nature of the undertaking’s activities, the numbers of persons of different descriptions who work in the undertaking, the addresses or places where activities of the undertaking are or were carried on, the nature of the activities carried on there, or the numbers of person of different descriptions who work or worked in the undertaking there; . . . F1

(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F1

(3)In the preceding subsection any reference to a Minister of the Crown, the Commission [F2or the Executive] includes respectively a reference to an officer of his or of that body and also, in the case of a reference to the Commission, includes a reference to—

(a)a person performing any functions of the Commission or the Executive on its behalf by virtue of section 13(1)(a);

(b)an officer of a body which is so performing any such functions; and

(c)an adviser appointed in pursuance of section 13(1)(d).

(4)A person to whom information is disclosed in pursuance of subsection (2) above shall not use the information for a purpose other than a purpose of the Commission or, as the case may be, of the Executive.

Textual Amendments

F1S. 27(2)(b) and the word “or” immediately preceding it repealed by Employment Act 1989 (c. 38, SIF 43:1), s. 29(3)(4), Sch. 6 para. 10(2), Sch. 7 pt. 1

Modifications etc. (not altering text)

C20S. 27 applied by S.I. 1989/840, arts. 2-10

S. 27: power to apply conferred (E.W.S.) (28.8.1995) by 1995 c. 15, ss. 2(4)(e), 5 (with s. 3(5))

S. 27 applied (with modifications) (E.W.S.) (16.4.1996) by S.I. 1996/772, reg. 17

S. 27 applied (with modifications) (E.W.S.) (1.3.1996) by S.I. 1996/192, reg. 15, Sch. 14 para. 1(b)

S. 27 applied (with modifications) (E.W.S.) (1.7.1997) by S.I. 1997/831, reg. 19(1)-(4), Sch. 15 para. 1(a)(b)

C21Ss. 19-28 modified (6.4.1992) by S.I. 1992/711, regs. 1(2), 28(3)(b)(5)(a)

S. 27 extended (with modifications) (E.W.S.) (1.4.1996) by 1995 c. 25, s. 120(1), Sch. 22 para. 30(5) (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3

C22S. 27 applied (with modifications) (1.1.1993) by S.I. 1992/3073, reg. 28, Sch. 6 para. 1(b)

C23S. 27 applied (with modifications) (29.11.1999) by S.I. 1999/2001, reg. 24(1), Sch. 8 para. 1(b)

C24S. 27 applied (11.7.2001) by S.I. 2001/2127, arts. 4(1), 5(1)(2), 6(1), 7(1), 8(1), 10 (with art. 11)

C25S. 27 applied (with modifications) (E.W.S.) (3.5.2004) by S.I. 2004/129, reg. 23(3)(d); s. 27 applied (with modifications) (E.W.S.) (9.6.2004) by S.I. 2004/1309, reg. 17; s. 27 applied (E.W.S.) (22.4.2005) by S.I. 2005/928, reg. 4(2)(3)(5)(6)

C26S. 27(1) applied (with modifications) (E.W.S.) (22.9.2003) by S.I. 2003/403, reg. 23(2)(d)(3)(5) (as amended (25.11.2006) by S.I. 2006/2815, reg. 8)

Marginal Citations

[F427A[F3Information communicated by Commissioners for Revenue and Customs].U.K.

(1)If they think it appropriate to do so for the purpose of facilitating the exercise or performance by any person to whom sub-section (2) below applies of any of that person’s powers or duties under any of the relevant statutory provisions, [F5the Commissioners for Her Majesty’s Revenue and Customs] may authorise the disclosure to that person of any information obtained [F6or held] for the purposes of the exercise [F7by Her Majesty’s Revenue and Customs] of their functions in relation to imports.

(2)This subsection applies to an enforcing authority and to an inspector.

(3) A disclosure of information made to any person under subsection (1) above shall be made in such manner as may be directed by [F8the Commissioners for Her Majesty’s Revenue and Customs]and may be made through such persons acting on behalf of that person as may be so directed.

(4)Information may be disclosed to a person under subsection (1) above whether or not the disclosure of the information has beenrequested by or on behalf of that person.]

Textual Amendments

Modifications etc. (not altering text)

C27Ss. 19-28 applied (with modifications) (1.1.1993) by S.I. 1992/3073, reg. 28, Sch. 6 para. 1(b)

Ss. 19-28, 33-35, 38, 39, 41, 42 applied (with modifications) (E.W.S.) (1.3.1996) by S.I. 1996/192, reg. 15, Sch. 14 para. 1(b)

Ss. 19-28, 33-35, 38, 39, 41, 42 applied (with modifications) (E.W.S.) (1.7.1997) by S.I. 1997/831, reg. 19(1)-(4), Sch. 15 para. 1(a)(b)

C28Ss. 19-28 modified (6.4.1992) by S.I.1992/711, regs. 1(2), 28(3)(b)(5)(a)

C29Ss. 19-28 applied (with modifications) (29.11.1999) by S.I. 1999/2001, reg. 24(1), Sch. 8 para. 1(b)

C30Ss. 1-59, 80-82 applied (11.7.2001) by S.I. 2001/2127, arts. 4(1), 5(1)(2), 6(1), 7(1), 8(1), 10 (with art. 11) (as amended by S.I. 2009/1750, art. 2(2)(4))

C31S. 27A applied (with modifications) (E.W.S.) (3.5.2004) by S.I. 2004/129, reg. 23(3)(d); s. 27A applied (with modifications) (E.W.S.) (22.4.2005) by S.I. 2005/928, reg. 4(2)-(6)

C32Ss. 1-59, 80-82 applied (temp.) (5.8.2009) by The Health and Safety at Work etc. Act 1974 (Application outside Great Britain) Order 2001 (S.I. 2001/2127), arts. 8A, 8B (as inserted by S.I. 2009/1750, art. 2(3))

C33Ss. 19-28 applied (with modifications) (E.W.S.) (4.7.2010 for certain purposes and otherwise 4.7.2013) by The Pyrotechnic Articles (Safety) Regulations 2010 (S.I. 2010/1554), regs. 1, 18, 37(1), {Sch. 4 paras. 1, 2}

28 Restrictions on disclosure of information.E+W

(1)In this and the two following subsections—

(a)relevant information” means information obtained by a person under section 27(1) or furnished to any person [F9under section 27A above [F10, by virtue of section 43A(6) below]or] in pursuance of a requirement imposed by any of the relevant statutory provisions; and

(b)the recipient”, in relation to any relevant information, means the person by whom that information was so obtained or to whom that information was so furnished, as the case may be.

(2)Subject to the following subsection, no relevant information shall be disclosed without the consent of the person by whom it was furnished.

(3)The preceding subsection shall not apply to—

(a)disclosure of information to the Commission, the Executive, [F11 the Environment Agency, the Scottish Environment Protection Agency,] a government department or any enforcing authority;

(b)without prejudice to paragraph (a) above, disclosure by the recipient of information to any person for the purpose of any function conferred on the recipient by or under any of the relevant statutory provisions;

(c)without prejudice to paragraph (a) above, disclosure by the recipient of information to—

(i)an officer of a local authority who is authorised by that authority to receive it,

[F12(ii)an officer F13. . . of a water undertaker, sewerage undertaker, water authority or water development board who is authorised by that F14. . . undertaker, authority or board to receive it,]

F15(iii). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(iv)a constable authorised by a chief officer of police to receive it;

(d)disclosure by the recipient of information in a form calculated to prevent it from being identified as relating to a particular person or case;

(e)disclosure of information for the purposes of any legal proceedings or any investigation or inquiry held by virtue of section 14(2), or for the purposes of a report of any such proceedings or inquiry or of a special report made by virtue of section 14(2).

[F16(f)any other disclosure of information by the recipient, if–

(i)the recipient is, or is acting on behalf of a person who is, a public authority for the purposes of the Freedom of Information Act 2000, and

(ii)the information is not held by the authority on behalf of another person.]

(4)In the preceding subsection any reference to the Commission, the Executive, [F17the Environment Agency, the Scottish Environment Protection Agency,] a government department or an enforcing authority includes respectively a reference to an officer of that body or authority (including, in the case of an enforcing authority, any inspector appointed by it), and also, in the case of a reference to the Commission, includes a reference to—

(a)a person performing any functions of the Commission or the Executive on its behalf by virtue of section 13(1)(a);

(b)an officer of a body which is so performing any such functions; and

(c)an adviser appointed in pursuance of section 13(1)(d).

(5)A person to whom information is disclosed in pursuance of [F18any of paragraphs (a) to (e) of] subsection (3) above shall not use the information for a purpose other than—

(a)in a case falling within paragraph (a) of that subsection, a purpose of the Commission or of the Executive or [F19of the Environment Agency or of the Scottish Environment Protection Agency or]of the government department in question, or the purposes of the enforcing authority in question in connection with the relevant statutory provisions, as the case may be;

(b)in the case of information given to an officer of a [F20body which is a local authority, F21. . . a water undertaker, a sewerage undertaker, a water authority, a river purification board or a water development board, the purposes of the body] in connection with the relevant statutory provisions or any enactment whatsoever relating to public health, public safety or the protection of the environment;

(c)in the case of information given to a constable, the purposes of the police in connection with the relevant statutory provisions or any enactment whatsoever relating to public health, public safety or the safety of the State.

[F22(6)References in subsections (3) and (5) above to a local authority include . . . F23 a joint authority established by Part IV of the Local Government Act 1985 [F24and the London Fire and Emergency Planning Authority].]

(7)A person shall not disclose any information obtained by him as a result of the exercise of any power conferred by section 14(4)(a) or 20 (including, in particular, any information with respect to any trade secret obtained by him in any premises entered by him by virtue of any such power) except—

(a)for the purposes of his functions; or

(b)for the purposes of any legal proceedings or any investigation or inquiry held by virtue of section 14(2) or for the purposes of a report of any such proceedings or inquiry or of a special report made by virtue of section 14(2); or

(c)with the relevant consent.

In this subsection “the relevant consent” means, in the case of information furnished in pursuance of a requirement imposed under section 20, the consent of the person who furnished it, and, in any other case, the consent of a person having responsibilities in relation to the premises where the information was obtained.

(8)Notwithstanding anything in the preceding subsection an inspector shall, in circumstances in which it is necessary to do so for the purpose of assisting in keeping persons (or the representatives of persons) employed at any premises adequately informed about matters affecting their health, safety and welfare, give to such persons or their represenatives the following descriptions of information, that is to say—

(a)factual information obtained by him as mentioned in that subsection which relates to those premises or anything which was or is therein or was or is being done therein; and

(b)information with respect to any action which he has taken or proposes to take in or in connection with those premises in the performance of his functions;

and, where an inspector does as aforesaid, he shall give the like information to the employer of the first-mentioned persons.

[F25(9)Notwithstanding anything in subsection (7) above, a person who has obtained such information as is referred to in that subsection may furnish to a person who appears to him to be likely to be a party to any civil proceedings arising out of any accident, occurrence, situation or other matter, a written statement of relevant facts observed by him in the course of exercising any of the powers referred to in that subsection].

[F26(9A)Subsection (7) above does not apply if–

(a)the person who has obtained any such information as is referred to in that subsection is, or is acting on behalf of a person who is, a public authority for the purposes of the Freedom of Information Act 2000, and

(b)the information is not held by the authority on behalf of another person.]

[F27(10)The Broads Authority and every National Park authority shall be deemed to be local authorities for the purposes of this section.]

Extent Information

E2This version of this provision extends to England and Wales only; separate versions have been created for Scotland only and for Northern Ireland (in so far as this provision extends there, see s. 84(1)).

Textual Amendments

F10Words in s. 28(1)(a) inserted (10.9.2003) by Railways and Transport Safety Act 2003 (c. 20), ss. 105(2), 120

F11Words in s. 28(3)(a) inserted (E.W.S.) (1.4.1996) by 1995 c. 25, s. 120(1), Sch. 22 para. 30(6)(a) (with ss. 7(6), 115, 117); S.I. 1996/186, art. 2

F13Words in s. 28(3)(c)(ii) repealed (E.W.) (1.4.1996) by 1995 c. 25, s. 120(1), Sch. 22 para. 30(6)(b)(i), Sch. 24 (with ss. 7(6), 115, 117); S.I. 1996/186, art. 2

F14Word in s. 28(3)(c)(ii) repealed (E.W.) (1.4.1996) by 1995 c. 25, s. 120(1), Sch. 22 para. 30(6)(b)(ii), Sch. 24 (with ss. 7(6), 115, 117); S.I. 1996/186, art. 2

F15S. 28(3)(c)(iii) repealed (E.W.S.) (1.4.1996) by 1995 c. 25, s. 120(1), Sch. 22 para. 30(6)(d), Sch. 24 (with ss. 7(6), 115, 117); S.I. 1996/186, art. 2

F17Words in s. 28(4) inserted (E.W.S.) (1.4.1996) by 1995 c. 25, s. 120(1), Sch. 22 para. 30(6)(e) (with ss. 7(6), 115, 117); S.I. 1996/186, art. 2

F19Words in s. 28(5)(a) inserted (E.W.S.) (1.4.1996) by 1995 c. 25, s. 120(1), Sch. 22 para. 30(6)(f)(i) (with ss. 7(6), 115, 117); S.I. 1996/186, art. 2

F21Words in s. 28(5)(b) repealed (E.W.) (1.4.1996) by 1995 c. 25, s. 120(1), Sch. 22 para. 30(6)(f)(ii), Sch. 24 (with ss. 7(6), 115, 117); S.I. 1996/186, art. 2

F24Words in s. 28(6) added (3.7.2000) by 1999 c. 29, s. 328(8), Sch. 29 para. 23 (with Sch. 12 para. 9(1)); S.I. 2000/1094, art. 4

F27S. 28(10) substituted (E.W.) (23.11.1995) by 1995 c. 25, s. 78, Sch. 10 para. 12 (with ss. 7(6), 115, 117); S.I. 1995/2950, art. 2

Modifications etc. (not altering text)

C34S. 28 applied by S.I. 1989/840, arts. 2-10

S. 28 excluded (with saving) (E.W.S.) (1.12.1997) by S.I. 1997/1840, regs. 7, 9

S. 28 extended (E.W.S.) (1.10.1996) by S.I. 1996/1513, reg. 10

S. 28: power to apply conferred (E.W.S.) (28.8.1995) by 1995 c. 15, ss. 2(4)(e), 5 (with s. 3(5))

S. 28 applied (with modifications) (E.W.S.) (1.3.1996) by S.I. 1996/192, reg. 15, Sch. 14 para. 1(b)

S. 28 applied (with modifications) (E.W.S.) (1.7.1997) by S.I. 1997/831, reg. 19(1)-(4), Sch. 15 para. 1(a)(b)

S. 28 restricted (15.11.2000) by S.I. 2000/2831, reg. 23(1)

C37S. 28 restricted (E.W.S.) (1.2.1993) by S.I. 1992/3217, reg. 15

S. 28 excluded (E.W.S.) (1.4.1999) by S.I. 1999/743, reg. 21(5).

C38S. 28 applied (with modifications) (1.1.1993) by S.I. 1992/3073, reg. 28, Sch. 6 para. 1(b)

C39S. 28 modified (6.4.1992) by S.I. 1992/711, regs. 1(2), 28(3)(b)(5)(a)

C40Ss. 1-59, 80-82 applied (11.7.2001) by S.I. 2001/2127, arts. 4(1), 5(1)(2), 6(1), 7(1), 8(1), 10 (with art. 11)

C41S. 28 applied (with modifications) (E.W.S.) (22.3.2003 for certain purposes and 22.9.2003 otherwise) by S.I. 2003/403, regs. 1(2), 23(2)(e)(3)

C42S. 28 applied (E.W.S.) by S.I. 2005/928, art. 4(3)(b)

C43S. 28 applied (with modifications) (E.W.S.) (the amendment coming into force in accordance with art. 1(1) of the amending S.I.) by The Channel Tunnel (Safety) Order 2007 (S.I. 2007/3531), art. 4(2)(3)(g) (subject to (4)-(6)) (with art. 7)

C44S. 28(6) extended by S.I. 1985/1884, art. 10, Sch. 3 para. 4

s. 28 extended (31.1.1994) by S.I. 1993/3050, art. 18(1) (with art. 3).

C45S. 28(7): Disclosure powers extended (14.12.2001) by 2001 c. 24, s. 17, Sch. 4 Pt. 1 para. 12

28 Restrictions on disclosure of information.N.I.

(1)In this and the two following subsections—

(a)relevant information” means information obtained by a person under section 27(1) or furnished to any person [F28under section 27A above [F10, by virtue of section 43A(6) below]or] in pursuance of a requirement imposed by any of the relevant statutory provisions; and

(b)the recipient”, in relation to any relevant information, means the person by whom that information was so obtained or to whom that information was so furnished, as the case may be.

(2)Subject to the following subsection, no relevant information shall be disclosed without the consent of the person by whom it was furnished.

(3)The preceding subsection shall not apply to—

(a)disclosure of information to the Commission, the Executive, a government department or any enforcing authority;

(b)without prejudice to paragraph (a) above, disclosure by the recipient of information to any person for the purpose of any function conferred on the recipient by or under any of the relevant statutory provisions;

(c)without prejudice to paragraph (a) above, disclosure by the recipient of information to—

(i)an officer of a local authority who is authorised by that authority to receive it,

[F29(ii)an officer of the National Rivers Authority or of a water undertaker, sewerage undertaker, water authority or water development board who is authorised by that Authority, undertaker, authority or board to receive it,]

(iii)an officer of a river purification board who is authorised by that board to receive it, or

(iv)a constable authorised by a chief officer of police to receive it;

(d)disclosure by the recipient of information in a form calculated to prevent it from being identified as relating to a particular person or case;

(e)disclosure of information for the purposes of any legal proceedings or any investigation or inquiry held by virtue of section 14(2), or for the purposes of a report of any such proceedings or inquiry or of a special report made by virtue of section 14(2).

[F30(f)any other disclosure of information by the recipient, if–

(i)the recipient is, or is acting on behalf of a person who is, a public authority for the purposes of the Freedom of Information Act 2000, and

(ii)the information is not held by the authority on behalf of another person.]

(4)In the preceding subsection any reference to the Commission, the Executive, a government department or an enforcing authority includes respectively a reference to an officer of that body or authority (including, in the case of an enforcing authority, any inspector appointed by it), and also, in the case of a reference to the Commission, includes a reference to—

(a)a person performing any functions of the Commission or the Executive on its behalf by virtue of section 13(1)(a);

(b)an officer of a body which is so performing any such functions; and

(c)an adviser appointed in pursuance of section 13(1)(d).

(5)A person to whom information is disclosed in pursuance of [F31any of paragraphs (a) to (e) of] subsection (3) above shall not use the information for a purpose other than—

(a)in a case falling within paragraph (a) of that subsection, a purpose of the Commission or of the Executive or of the government department in question, or the purposes of the enforcing authority in question in connection with the relevant statutory provisions, as the case may be;

(b)in the case of information given to an officer of a [F32body which is a local authority, the National Rivers Authority, a water undertaker, a sewerage undertaker, a water authority, a river purification board or a water development board, the purposes of the body] in connection with the relevant statutory provisions or any enactment whatsoever relating to public health, public safety or the protection of the environment;

(c)in the case of information given to a constable, the purposes of the police in connection with the relevant statutory provisions or any enactment whatsoever relating to public health, public safety or the safety of the State.

[F33(6)References in subsections (3) and (5) above to a local authority include . . . F34 a joint authority established by Part IV of the Local Government Act 1985 [F35and the London Fire and Emergency Planning Authority].]

(7)A person shall not disclose any information obtained by him as a result of the exercise of any power conferred by section 14(4)(a) or 20 (including, in particular, any information with respect to any trade secret obtained by him in any premises entered by him by virtue of any such power) except—

(a)for the purposes of his functions; or

(b)for the purposes of any legal proceedings or any investigation or inquiry held by virtue of section 14(2) or for the purposes of a report of any such proceedings or inquiry or of a special report made by virtue of section 14(2); or

(c)with the relevant consent.

In this subsection “the relevant consent” means, in the case of information furnished in pursuance of a requirement imposed under section 20, the consent of the person who furnished it, and, in any other case, the consent of a person having responsibilities in relation to the premises where the information was obtained.

(8)Notwithstanding anything in the preceding subsection an inspector shall, in circumstances in which it is necessary to do so for the purpose of assisting in keeping persons (or the representatives of persons) employed at any premises adequately informed about matters affecting their health, safety and welfare, give to such persons or their represenatives the following descriptions of information, that is to say—

(a)factual information obtained by him as mentioned in that subsection which relates to those premises or anything which was or is therein or was or is being done therein; and

(b)information with respect to any action which he has taken or proposes to take in or in connection with those premises in the performance of his functions;

and, where an inspector does as aforesaid, he shall give the like information to the employer of the first-mentioned persons.

[F36(9)Notwithstanding anything in subsection (7) above, a person who has obtained such information as is referred to in that subsection may furnish to a person who appears to him to be likely to be a party to any civil proceedings arising out of any accident, occurrence, situation or other matter, a written statement of relevant facts observed by him in the course of exercising any of the powers referred to in that subsection].

[F37(9A)Subsection (7) above does not apply if–

(a)the person who has obtained any such information as is referred to in that subsection is, or is acting on behalf of a person who is, a public authority for the purposes of the Freedom of Information Act 2000, and

(b)the information is not held by the authority on behalf of another person.]

[F38(10)For the purposes of this section the Broads Authority shall be treated as a local authority.]

Extent Information

E3This version of this provision applies to Northern Ireland (in so far as this provision extends there, see s. 84(1)(a)); separate versions of this provision have been created for England and Wales only and Scotland only

Textual Amendments

F10Words in s. 28(1)(a) inserted (10.9.2003) by Railways and Transport Safety Act 2003 (c. 20), ss. 105(2), 120

Modifications etc. (not altering text)

C46Ss. 1, 25, 26, 27, 28, 30, 33, 34, 59, 80, 81 and 82 applied by S.I. 1989/840, arts. 2, 10

C47S. 28 amended by S.I. 1982/1496, reg. 10(1)

S. 28 extended (5.7.1994) by 1994 c. 19, ss. 39, 66(2)(b), Sch. 13 para. 20(e) (with ss. 54(5)(7), 55(5), Sch. 17 paras. 22(1), 23(2))

S. 28 restricted (15.11.2000) by S.I. 2000/2831, reg. 23(1)

C49Ss. 19-28 applied (with modifications) (1.1.1993) by S.I. 1992/3073, reg. 28, Sch. 6 para. 1(b)

C50Ss. 19-28 modified (6.4.1992) by S.I. 1992/711, regs. 1(2), 28(3)(b)(5)(a)

C51Ss. 1-59, 80-82 applied (11.7.2001) by S.I. 2001/2127, arts. 4(1), 5(1)(2), 6(1), 7(1), 8(1), 10 (with art. 11)

C52s. 28 applied (with modifications) (E.W.S.) (22.4.2005) by S.I. 2005/928, reg. 4(2)-(4)

C53S. 28(6) extended by S.I. 1985/1884, art. 10, Sch. 3 para. 4(l)

s. 28 extended (31.1.1994) by S.I. 1993/3050, art. 18(1) (with art. 3).

C54S. 28(7): Disclosure powers extended (14.12.2001) by 2001 c. 24, s. 17, Sch. 4 Pt. 1 para. 12

28 Restrictions on disclosure of information. S

(1)In this and the two following subsections—

(a)relevant information” means information obtained by a person under section 27(1) or furnished to any person [F39under section 27A above [F10, by virtue of section 43A(6) below] or] in pursuance of a requirement imposed by any of the relevant statutory provisions; and

(b)the recipient”, in relation to any relevant information, means the person by whom that information was so obtained or to whom that information was so furnished, as the case may be.

(2)Subject to the following subsection, no relevant information shall be disclosed without the consent of the person by whom it was furnished.

(3)The preceding subsection shall not apply to—

(a)disclosure of information to the Commission, the Executive, [F40the Environment Agency, the Scottish Environment Protection Agency,] a government department or any enforcing authority;

(b)without prejudice to paragraph (a) above, disclosure by the recipient of information to any person for the purpose of any function conferred on the recipient by or under any of the relevant statutory provisions;

(c)without prejudice to paragraph (a) above, disclosure by the recipient of information to—

(i)an officer of a local authority who is authorised by that authority to receive it,

[F41(ii)an officer of a water undertaker, sewerage undertaker, [F42or Scottish Water] who is authorised by [F43that undertaker or, as the case may be, Scottish Water] to receive it;]

F44(iii). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(iv)a constable authorised by a chief officer of police to receive it;

(d)disclosure by the recipient of information in a form calculated to prevent it from being identified as relating to a particular person or case;

(e)disclosure of information for the purposes of any legal proceedings or any investigation or inquiry held by virtue of section 14(2), or for the purposes of a report of any such proceedings or inquiry or of a special report made by virtue of section 14(2).

[F45(f)any other disclosure of information by the recipient, if–

(i)the recipient is, or is acting on behalf of a person who is, a public authority for the purposes of the Freedom of Information Act 2000, and

(ii)the information is not held by the authority on behalf of another person.]

(4)In the preceding subsection any reference to the Commission, the Executive, [F46the Environment Agency, the Scottish Environment Protection Agency,] a government department or an enforcing authority includes respectively a reference to an officer of that body or authority (including, in the case of an enforcing authority, any inspector appointed by it), and also, in the case of a reference to the Commission, includes a reference to—

(a)a person performing any functions of the Commission or the Executive on its behalf by virtue of section 13(1)(a);

(b)an officer of a body which is so performing any such functions; and

(c)an adviser appointed in pursuance of section 13(1)(d).

(5)A person to whom information is disclosed in pursuance of [F47any of paragraphs (a) to (e) of] subsection (3) above shall not use the information for a purpose other than—

(a)in a case falling within paragraph (a) of that subsection, a purpose of the Commission or of the Executive or [F48 of the Environment Agency or of the Scottish Environment Protection Agency or] of the government department in question, or the purposes of the enforcing authority in question in connection with the relevant statutory provisions, as the case may be;

(b)[F49in the case of information given to an officer of a body which is a local authority, a water undertaker, [F50or a sewerage undertaker or to an officer of Scottish Water,] the purposes of the body [F51authority, undertaker or, as the case may be, Scottish Water] in connection] with the relevant statutory provisions or any enactment whatsoever relating to public health, public safety or the protection of the environment;

(c)in the case of information given to a constable, the purposes of the police in connection with the relevant statutory provisions or any enactment whatsoever relating to public health, public safety or the safety of the State.

[F52(6)References in subsections (3) and (5) above to a local authority include . . . F53 a joint authority established by Part IV of the Local Government Act 1985 [F54and the London Fire and Emergency Planning Authority].]

(7)A person shall not disclose any information obtained by him as a result of the exercise of any power conferred by section 14(4)(a) or 20 (including, in particular, any information with respect to any trade secret obtained by him in any premises entered by him by virtue of any such power) except—

(a)for the purposes of his functions; or

(b)for the purposes of any legal proceedings or any investigation or inquiry held by virtue of section 14(2) or for the purposes of a report of any such proceedings or inquiry or of a special report made by virtue of section 14(2); or

(c)with the relevant consent.

In this subsection “the relevant consent” means, in the case of information furnished in pursuance of a requirement imposed under section 20, the consent of the person who furnished it, and, in any other case, the consent of a person having responsibilities in relation to the premises where the information was obtained.

(8)Notwithstanding anything in the preceding subsection an inspector shall, in circumstances in which it is necessary to do so for the purpose of assisting in keeping persons (or the representatives of persons) employed at any premises adequately informed about matters affecting their health, safety and welfare, give to such persons or their represenatives the following descriptions of information, that is to say—

(a)factual information obtained by him as mentioned in that subsection which relates to those premises or anything which was or is therein or was or is being done therein; and

(b)information with respect to any action which he has taken or proposes to take in or in connection with those premises in the performance of his functions;

and, where an inspector does as aforesaid, he shall give the like information to the employer of the first-mentioned persons.

[F55(9)Notwithstanding anything in subsection (7) above, a person who has obtained such information as is referred to in that subsection may furnish to a person who appears to him to be likely to be a party to any civil proceedings arising out of any accident, occurrence, situation or other matter, a written statement of relevant facts observed by him in the course of exercising any of the powers referred to in that subsection].

[F56(9A)Subsection (7) above does not apply if–

(a)the person who has obtained any such information as is referred to in that subsection is, or is acting on behalf of a person who is, a public authority for the purposes of the Freedom of Information Act 2000, and

(b)the information is not held by the authority on behalf of another person.]

[F57(10)For the purposes of this section the Broads Authority shall be treated as a local authority.]

Extent Information

E4This version of this provision extends to Scotland only; separate versions of this provision have been created for England and Wales only and for Northern Ireland (in so far as this provision extends there, see s. 84(1))

Textual Amendments

F10Words in s. 28(1)(a) inserted (10.9.2003) by Railways and Transport Safety Act 2003 (c. 20), ss. 105(2), 120

F40Words in s. 28(3)(a) inserted (E.W.S.) (1.4.1996) by 1995 c. 25, s. 120(1), Sch. 22 para. 30(6)(a) (with ss. 7(6), 115, 117); S.I. 1996/186, art. 2

F41S. 28(3)(c)(ii) substituted (S.) (1.4.1996) by 1995 c. 25, s. 120(1), Sch. 22 para. 30(6)(c) (with ss. 7(6), 115, 117); S.I. 1996/186, art. 2

F42Words in s. 28(3)(c)(ii) substituted (S.) (14.7.2004) by The Water Industry (Scotland) Act 2002 (Consequential Modifications) Order 2004 (S.I. 2004/1822) art. 2, {Sch. Pt. 1 para. 8(a)(i)}

F44S. 28(3)(c)(iii) repealed (E.W.S.) (1.4.1996) by 1995 c. 25, s. 120(1), Sch. 22 para. 30(6)(d), Sch. 24 (with ss. 7(6), 115, 117); S.I. 1996/186, art. 2

F46Words in s. 28(4) inserted (E.W.S.) (1.4.1996) by 1995 c. 25, s. 120(1), Sch. 22 para. 30(6)(e) (with ss. 7(6), 115, 117); S.I. 1996/186, art. 2

F48Words in s. 28(5)(a) inserted (E.W.S.) (1.4.1996) by 1995 c. 25, s. 120(1), Sch. 22 para. 30(6)(f)(i) (with ss. 7(6), 115, 117); S.I. 1996/186, art. 2

F49Words in s. 28(5)(b) substituted (S.) (1.4.1996) by 1995 c. 25, s. 120(1), Sch. 22 para. 30(6)(f)(iii) (with ss. 7(6), 115, 117); S.I. 1996/186, art. 2

F50Words in s. 28(5)(b) substituted (14.7.2004) by The Water Industry (Scotland) Act 2002 (Consequential Modifications) Order 2004 (S.I. 2004/ 1822) art. 2, {Sch. Pt. 1 para. 8(b)(i)}

F51Words in s. 28(5)(b) inserted (14.7.2004) by The Water Industry (Scotland) Act 2002 (Consequential Modifications) Order 2004 (S.I. 2004/1822) art. 2, {Sch. Pt. 1 para. 8(b)(ii)}

Modifications etc. (not altering text)

C55S. 28 applied by S.I. 1989/840, arts. 2-10

S. 28 excluded (with saving) (E.W.S.) (1.12.1997) by S.I. 1997/1840, regs. 7, 9

S. 28 extended (E.W.S.) (1.10.1996) by S.I. 1996/1513, reg. 10

S. 28: power to apply conferred (E.W.S.) (28.8.1995) by 1995 c. 15, ss. 2(4)(e), 5 (with s. 3(5))

S. 28 applied (with modifications) (E.W.S.) (1.3.1996) by S.I. 1996/192, reg. 15, Sch. 14 para. 1(b)

S. 28 applied (with modifications) (E.W.S.) (1.7.1997) by S.I. 1997/831, reg. 19(1)-(4), Sch. 15 para. 1(a)(b)

S. 28 restricted (15.11.2000) by S.I. 2000/2831, reg. 23(1)

C57S. 28 restricted (E.W.S.) (1.2.1993) by S.I. 1992/3217, reg. 15

S. 28 excluded (E.W.S.) (1.4.1999) by S.I. 1999/743, reg. 21(5).

C58Ss. 19-28 applied (with modifications) (1.1.1993) by S.I. 1992/3073, reg. 28, Sch. 6 para. 1(b)

C59Ss. 19-28 modified (6.4.1992) by S.I. 1992/711, regs. 1(2), 28(3)(b)(5)(a)

C60Ss. 1-59, 80-82 applied (11.7.2001) by S.I. 2001/2127, arts. 4(1), 5(1)(2), 6(1), 7(1), 8(1), 10 (with art. 11)

C61S. 28 applied (with modifications) (E.W.S.) (22.3.2003 for certain purposes and 22.9.2003 otherwise) by S.I. 2003/403, regs. 1(2), 23(2)(e)(3)

C62S. 28 applied (E.W.S.) by S.I. 2005/928, art. 4(3)(b)

C63S. 28 applied (with modifications) (E.W.S.) (the amendment coming into force in accordance with art. 1(1) of the amending S.I.) by The Channel Tunnel (Safety) Order 2007 (S.I. 2007/3531), art. 4(2)(3)(g) (subject to (4)-(6)) (with art. 7)

C64S. 28(6) extended by S.I. 1985/1884, art. 10, Sch. 3 para. 4(l)

s. 28 extended (31.1.1994) by S.I. 1993/3050, art. 18(1) (with art. 3).

C65S. 28(7): Disclosure powers extended (14.12.2001) by 2001 c. 24, s. 17, Sch. 4 Pt. 1 para. 12