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Medicines Act 1968, Section 118 is up to date with all changes known to be in force on or before 05 August 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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(1)If any person discloses to any other person—
(a)any information with respect to any manufacturing process or trade secret obtained by him in premises which he has entered by virtue of section 111 of this Act, or
(b)any information obtained by or furnished to him in pursuance of this Act,
he shall, unless the disclosure was made in the performance of his duty, be guilty of an offence.
[F1(1A)Subsection (1) of this section does not apply if–
(a)the person making the disclosure is, or is acting on behalf of a person who is, a public authority for the purposes of the Freedom of Information Act 2000[F2or a Scottish public authority for the purposes of the Freedom of Information (Scotland) Act 2002], and
(b)the information is not held by the authority on behalf of another person.]
(2)Any person guilty of an offence under this section shall be liable—
(a)on summary conviction, to a fine not exceeding £400;
(b)on conviction on indictment, to a fine or to imprisonment for a term not exceeding two years or to both.
Textual Amendments
F1S. 118(1A) inserted (1.1.2005) by Freedom of Information (Removal and Relaxation of Statutory Prohibitions on Disclosure of Information) Order 2004 (S.I. 2004/3363), arts. 1, 4
F2Words in s. 118(1A)(a) inserted (S.) (13.10.2008) by Freedom of Information (Relaxation of Statutory Prohibitions on Disclosure of Information) (Scotland) Order 2008 (S.S.I. 2008/339), arts. 1, 4
Modifications etc. (not altering text)
C1Pt. VIII (ss. 104–136) extended by S.I.s 1982/425, art. 3, 1984/187 art. 2; and extended with modifications by S.I. 1985/403, art. 3(1)
C2S. 118 modified (3.4.1992) by S.I. 1992/605, regs. 2(3), 3
S. 118 extended (with modifications) (14.2.1994) by S.I. 1994/105, reg. 19, Sch.4
S. 118 applied (with modifications) (1.1.1995) by S.I. 1994/3144, reg.10, Sch. 4
C3S. 118 applied (with modifications) (1.5.2004) by Medicines for Human Use (Clinical Trials) Regulations 2004 (S.I. 2004/1031), regs. 1, 47, Schs. 9
C4S. 118 applied (with modifications) (30.10.2005) by Medicines (Traditional Herbal Medicinal Products for Human Use) Regulations 2005 (S.I. 2005/2750), regs. 1(a), 11, Schs. 4 (with Sch. 6)
C5S. 118 amendment to earlier affecting provision SI 2004/1031 reg. 47 Sch. 9 (29.8.2006) by Medicines for Human Use (Clinical Trials) Amendment Regulations 2006 (S.I. 2006/1928), regs. 1(1), 32
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