The Control of Mercury (Enforcement) Regulations 2017

Information sharing U.K.

34.—(1) A relevant authority may disclose information obtained by it in the course of performing a relevant function to any other person if condition A or B is met.

(2) Condition A is that the disclosure is made in circumstances where it is necessary for the other person to have the information for the purpose of performing a function of that person under any enactment.

(3) Condition B is that the disclosure is made for the purpose of facilitating the performance by the relevant authority of any relevant function.

(4) A relevant function is a function conferred on the relevant authority—

(a) under or by virtue of these Regulations,

(b) under section 108 of the EA 1995, or

(c) under Article 72 of the WCLO 1997.

(5) The Welsh Ministers may disclose relevant information to any other person if the condition in paragraph (7) is met.

(6) Relevant information is information obtained by the Welsh Ministers in the course of investigating compliance with Article 10(4) of the Mercury Regulation (which relates to amalgam separators) in accordance with powers conferred under any enactment.

(7) The condition is that the disclosure is made in circumstances where it is necessary for the other person to have the information for the purpose of performing a function of that person under any enactment.

(8) Disclosure which is authorised by this regulation does not breach—

(a) an obligation of confidence owed by the person making the disclosure, or

(b) any other restriction on the disclosure of information (however imposed).

(9) But nothing in this regulation authorises the disclosure of information—

(a) where doing so contravenes the Data Protection Act 1998 M1 , or

(b) where that disclosure would, in the opinion of the Secretary of State, be contrary to the interests of national security.

(10) This regulation does not limit the circumstances in which information may be disclosed apart from this regulation.

(11) A person to whom information is disclosed under this regulation may disclose that information onwardly to any other person, subject to paragraph (12).

(12) Paragraphs (1) to (4) and (8) to (10) apply in respect of the onward disclosure but as if—

(a) references to a relevant authority were to the person proposing the onward disclosure;

(b) the requirement under paragraph (1) that the information be obtained in the course of performing a relevant function were met.

(13) In paragraph (4), the reference to a function conferred under section 108 of the EA 1995 or Article 72 of the WCLO 1997 is a reference to the function only in so far as the function is performed in connection with these Regulations.

(14) In this regulation—

“enactment” includes—

(a)

an enactment comprised in, or in an instrument made under, an Act of the Parliament of Northern Ireland,

(b)

an enactment comprised in, or in an instrument made under, an Act of the Scottish Parliament, and

(c)

an enactment comprised in, or in an instrument made under, a Measure or Act of the National Assembly for Wales;

“relevant authority” means—

(a)

a customs official (within the meaning of regulation 33(3)),

(b)

an enforcing authority, or

(c)

the Secretary of State.

Marginal Citations

M1 1998 c.29.