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Education Act 2005
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111Unauthorised disclosure of information received under section 110E+W
This section has no associated Explanatory Notes
(1)A person (“X”) who discloses information which he has received by virtue of any of subsections (3) to (5) of section 110 and which relates to a particular person commits an offence unless the information is disclosed—
(a)in the case of information received by virtue of subsection (3) of that section, in accordance with subsection (5) of that section,
(b)in the course of any duty X has in connection with the exercise of functions relating to eligibility for free school lunches and milk,
(c)in accordance with an enactment or an order of a court, or
(d)with consent given by or on behalf of the person to whom the information relates.
(2)In subsection (1)(b), “eligibility for free school lunches and milk” is to be read in accordance with section 110(7).
(3)It is a defence for a person charged with an offence under subsection (1) to prove that he reasonably believed that his disclosure was lawful.
(4)A person guilty of an offence under subsection (1) is liable—
(a)on conviction on indictment, to imprisonment for a term not exceeding two years, to a fine or to both, or
(b)on summary conviction, to imprisonment for a term not exceeding [F1the general limit in a magistrates’ court], to a fine not exceeding the statutory maximum or to both.
(5)In relation to an offence committed before [F22 May 2022], the reference in subsection (4)(b) to [F3the general limit in a magistrates’ court] is to be read as a reference to 6 months.
Textual Amendments
F1Words in s. 111(4)(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
F2Words in s. 111(5) 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
F3Words in s. 111(5) 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
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