The Construction Products (Amendment etc.) (EU Exit) Regulations 2020

Restrictions on the disclosure of information

25.—(1) A person shall be guilty of an offence if that person discloses any information to which sub-paragraph (2) applies, except in a case where sub-paragraph (3) applies.

(2) This sub-paragraph applies to information—

(a) which was obtained by that person in consequence of its being given to any person in compliance with any requirement imposed by this Schedule;

(b) which consists in a secret manufacturing process or a trade secret and was obtained by that person in consequence of the inclusion of the information—

(i) in written or oral representations made for the purposes of paragraphs 11 to 14, or

(ii) in a statement of a witness in connection with any such oral representations;

(c) which was obtained by that person in consequence of the exercise by the Secretary of State of the power conferred by paragraph 15;

(d) which was obtained by that person in consequence of the exercise by any person of any power conferred by Part 3 of this Schedule; or

(e) which relates to any construction product and was disclosed to or through that person by virtue of Article 27(2) of the RAMS Regulation, other than information to which regulation 3 (offence of disclosure of restricted information by specified persons) of the Customs Disclosure of Information and Miscellaneous Amendments Regulations 2012(1) applies.

(3) This sub-paragraph applies where—

(a) the disclosure is of information which—

(i) has been disclosed in any civil or criminal proceedings, or

(ii) is or has been required to be contained in a warning published in pursuance of a notice to warn; or

(b) the disclosure is made—

(i) for the purpose of facilitating the exercise of a relevant person’s functions under this Schedule,

(ii) for the purpose of facilitating the exercise of a relevant person’s enforcement or regulatory functions under any enactment (whether passed or made before or after the making of this Schedule),

(iii) for the purposes of compliance with an EU obligation, or

(iv) in connection with the investigation of any criminal offence or for the purposes of any civil or criminal proceedings.

(4) In sub-paragraph (3)(b)(ii) the reference to a person’s functions shall include a reference to any function of making, amending or revoking any regulations or order.

(5) A person guilty of an offence under this paragraph shall be liable—

(a) on summary conviction, to a fine not exceeding level 5 on the standard scale;

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

(6) In this paragraph—

“relevant person” means any of the following—

(a)

a Minister of the Crown or Northern Ireland department;

(b)

any district council;

(c)

any other person on whom enforcement or regulatory functions are conferred by or under any enactment.

(1)

S.I. 2012/1848.