Broads Authority Act 2009

38 Provision of information

(1) This section applies to information which is held by or on behalf of the Authority (including information obtained by or on behalf of the Authority before the coming into force of this section) for the purposes of the following provisions of this Act—

• sections 11 to 15 (provisions as to safety of vessels, etc.);

• sections 17 to 24 (other provisions as to vessels);

• sections 25 to 32 (provisions as to water skiing and wake boarding, etc.);

• section 40 (application of requirements of Public Health Acts Amendment Act 1907), and the provisions thereby applied to the Authority.

(2) Information to which this section applies may be supplied to a responsible authority for the purposes of facilitating the exercise of any functions of the Authority or of the responsible authority under any enactment.

(3) Information to which this section applies may be supplied to any person who can show to the satisfaction of the Authority that he has a reasonable cause for wanting the particulars to be made available to him, but nothing in this subsection authorises any disclosure of information which contravenes the Data Protection Act 1998 (c. 29).

(4) Information obtained by virtue of this section must not be further disclosed except to a responsible authority for the purposes mentioned in subsections (2) and (3).

(5) In this section “responsible authority” means any of the following—

(a) the chief officer of police for any police area in which the navigation area or any adjacent waters are situated;

(b) the fire and rescue authority for any area in which the navigation area or any adjacent waters are situated;

(c) the enforcing authority within the meaning given by section 18 of the Health and Safety at Work etc. Act 1974 (c. 37) for any area in which the navigation area or any adjacent waters are situated;

(d) the local planning authority within the meaning given by the Town and Country Planning Act 1990 (c. 8) for any area in which the navigation area or any adjacent waters are situated;

(e) the local authority by which statutory functions are exercisable in any area in which the navigation area or any adjacent waters are situated in relation to minimising or preventing the risk of pollution of the environment or of harm to human health;

(f) in relation to a vessel—

(i) the Secretary of State;

(ii) the Environment Agency;

(iii) a harbour authority or a navigation authority; and

(iv) the British Waterways Board.

(6) For the purposes of this section, “statutory function” means a function conferred by or under any enactment.