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Permitted disclosure

9.—(1) The Secretary of State or the TRA may disclose confidential information (other than as provided for by regulation 8(1) or (3)) where such disclosure is—

(a)made with the consent of the person supplying the information,

(b)made for the purpose of court or tribunal proceedings in the United Kingdom relating to the exercise of the Secretary of State’s or the TRA’s functions under these Regulations,

(c)made for the purpose of an international dispute relating to the exercise by the Secretary of State or the TRA of functions under these Regulations, or

(d)required or permitted by any other enactment or rule of law.

(2) Before making a disclosure under paragraph (1)(b), (c) or (d), the Secretary of State or the TRA, as the case may be, must consider whether such disclosure is likely to allow, or result in, such information being made available to a competitor of the person—

(a)supplying the information, or

(b)to which the information relates.

(3) In paragraph (1)(d), reference to an enactment includes an enactment comprised in, or an instrument made under, an Act of the Scottish Parliament.