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PART 2Designated persons and directions

Confidential information

8.—(1) Where the Treasury in accordance with article 6(3) inform only certain persons of a direction given under article 4(1) or renewed under article 5(1), they may specify that information contained in the direction is to be treated as confidential.

(2) A person who is provided with information which is to be treated as confidential in accordance with paragraph (1), or who obtains such information, must not disclose it except with lawful authority.

(3) Confidential information is disclosed with lawful authority only if and to the extent that any of the following applies—

(a)the disclosure is by, or is authorised by, the Treasury;

(b)the disclosure is with the consent of the person who is the subject of the information;

(c)the disclosure is necessary to give effect to a requirement under this Order; or

(d)the disclosure is required, under rules of court or a court order, for the purposes of legal proceedings of any description.

(4) This article does not prevent the disclosure of information already available to the public from other sources.

(5) A person who contravenes the prohibition in paragraph (2) is guilty of an offence.

(6) In proceedings for an offence under this article, it is a defence for a person to show that they did not know and had no reasonable cause to suspect that the information was confidential.

(7) The High Court or, in Scotland, the Court of Session may grant an injunction to prevent a breach of paragraph (2) in relation to any information upon the application of—

(a)the person who is the subject of the information, or

(b)the Treasury.