The Energy Information (Lamps) Regulations 1999

Restrictions on disclosure of information U.K.

12.—(1) Subject to the following provisions of this paragraph, a person shall not disclose any information–

(a) which was obtained by him in consequence of its being given to any person in compliance with any requirement imposed by these Regulations; or

(b) which consists in a secret manufacturing process or trade secret and was obtained by him in consequence of the exercise by any person of any power or duty conferred by these Regulations.

(2) Sub-paragraph (1) shall not apply to a disclosure of information if the information is publicised information or the disclosure is made–

(a) for the purpose of facilitating the exercise of a relevant person’s functions under these Regulations or any enactment or subordinate legislation mentioned in sub-paragraph (3);

(b) in pursuance of a Community obligation;

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

(d) in pursuance of regulation 3 of the Environmental Information Regulations 1992 M1 .

(3) The enactments and subordinate legislation referred to in sub-paragraph (2)(a) are–

(a) the Trade Descriptions Act 1968 M2 ;

F1 (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c) the relevant statutory provisions within the meaning of Part I of the Health and Safety at Work etc. Act 1974 M3 or within the meaning of the Health and Safety at Work (Northern Ireland) Order 1978 M4 ;

(d) the Weights and Measures Act 1985 M5 ;

(e) the Weights and Measures (Northern Ireland) Order 1981 M6 ;

(f) the Consumer Protection Act 1987 M7 ;

(g) the Consumer Protection (Northern Ireland) Order 1987 M8 ;

(h) the Electrical Equipment (Safety) Regulations 1994 M9 ; and

F2 (i) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F3 (j) any subordinate legislation made for the purpose of securing compliance with Directive 2005/29/EC of the European Parliament and of the Council of 11 May 2005 concerning unfair business-to-consumer commercial practices in the internal market;

(k) any subordinate legislation made for the purpose of securing compliance with Directive 2006/114/EC of the European Parliament and of the Council of 12 December 2006 concerning misleading and comparative advertising.]

(4) In sub-paragraph (2)(a) the reference to a person’s functions shall include a reference to any function of making, amending or revoking any regulations or order.

(5) In this paragraph–

• “publicised information" means any information which has been disclosed in any civil or criminal proceedings; and

• “relevant person" means any of the following, that is to say–

  (a)

  a Minister of the Crown, Government department or Northern Ireland department;

  (b)

  the Director General of Fair Trading;

  (c)

  the Health and Safety Executive;

  (d)

  an enforcement authority;

  (e)

  any person who is charged with enforcing any of the enactments and subordinate legislation referred to in sub-paragraph (3).

Textual Amendments

F1 Sch. 4 para. 12(3)(b) revoked (20.6.2003) by The Enterprise Act 2002 (Consequential and Supplemental Provisions) Order 2003 (S.I. 2003/1398), art. 1, Sch. para. 33(2)

F2 Sch. 4 para. 12(3)(i) omitted (26.5.2008) by virtue of The Consumer Protection from Unfair Trading Regulations 2008 (S.I. 2008/1277), reg. 1, Sch. 2 para. 92(a), Sch. 4 Pt. 2 (with reg. 28(2)(3))

F3 Sch. 4 para. 12(3)(j)(k) inserted (26.5.2008) by The Consumer Protection from Unfair Trading Regulations 2008 (S.I. 2008/1277), reg. 1, Sch. 2 para. 92(b) (with reg. 28(2)(3))

Marginal Citations

M1 S.I. 1992/3240.

M2 1968 c. 29.

M3 1974 c. 37.

M4 S.I. 1978/1039 (N.I. 9); to which there are amendments not relevant to these Regulations.

M5 1985 c. 72.

M6 S.I. 1981/231 (N.I. 10); to which there are amendments not relevant to these Regulations.

M7 1987 c. 43.

M8 S.I. 1987/2049 (N.I. 12); to which there are amendments not relevant to these Regulations.

M9 S.I. 1994/3260.