Local Government Finance Act 1992

[F1 15D (1) A person to whom sub-paragraph (2) applies is guilty of an offence if the person discloses without lawful authority any information— E+W+S

(a) which comes to the person by virtue of paragraph 15A, 15B or 15C, and

(b) which relates to a particular person.

(2) This sub-paragraph applies to—

(a) a qualifying person for the purpose of paragraph 15A, 15B or 15C;

(b) a person who is or has been a director, member of the committee of management, manager, secretary or other similar officer of a person within paragraph (a);

(c) a person who is or has been an employee of such a person.

(3) A person guilty of an offence under this paragraph is liable—

(a) on conviction on indictment, to imprisonment for a term not exceeding 2 years or a fine, or both;

(b) on summary conviction, to imprisonment for a term not exceeding [F2 the general limit in a magistrates’ court] or a fine not exceeding the statutory maximum, or both.

(4) It is not an offence under this paragraph—

(a) to disclose information in the form of a summary or collection of information so framed as not to enable information relating to any particular person to be identified from it;

(b) to disclose information which has previously been disclosed to the public with lawful authority.

(5) It is a defence for a person (“D”) charged with an offence under this paragraph to prove that at the time of the alleged offence—

(a) D believed that D was making the disclosure in question with lawful authority and had no reasonable cause to believe otherwise, or

(b) D believed that the information in question had previously been disclosed to the public with lawful authority and had no reasonable cause to believe otherwise.

(6) For the purposes of this paragraph, “lawful authority” has the meaning given by section 123 of the Social Security Administration Act 1992.

(7) In relation to an offence under this paragraph committed in England and Wales before [F3 2 May 2022] the reference in sub-paragraph (3)(b) to [F4 the general limit in a magistrates’ court] is to be taken as a reference to 6 months.]

Textual Amendments

F1 Sch. 2 paras. 15A-15D inserted (31.10.2012) by Local Government Finance Act 2012 (c. 17), s. 17(2)

F2 Words in Sch. 2 para. 15D(3)(b) substituted (7.2.2023 at 12.00 p.m.) by The Judicial Review and Courts Act 2022 (Magistrates’ Court Sentencing Powers) Regulations 2023 (S.I. 2023/149), regs. 1(2), 2(1), Sch. Pt. 1 table

F3 Words in Sch. 2 para. 15D(7) substituted (28.4.2022) by The Criminal Justice Act 2003 (Commencement No. 33) and Sentencing Act 2020 (Commencement No. 2) Regulations 2022 (S.I. 2022/500), regs. 1(2), 5(1), Sch. Pt. 1

F4 Words in Sch. 2 para. 15D(7) substituted (7.2.2023 at 12.00 p.m.) by The Judicial Review and Courts Act 2022 (Magistrates’ Court Sentencing Powers) Regulations 2023 (S.I. 2023/149), regs. 1(2), 2(1), Sch. Pt. 1 table