Part XII Miscellaneous and Supplementary Provisions

C1133 General restrictions on disclosure of information.

1

Subject to subsections (2) to (4) of this section, no information with respect to any particular business which has been obtained under or by virtue of the provisions (other than Part II) of this Act. . . . F1 shall, so long as that business continues to be carried on, be disclosed without the consent of the person for the time being carrying on that business.

2

The preceding subsection does not apply to any disclosure of information which is made—

a

for the purpose of facilitating the performance of any functions of the Director F2the Director General of Telecommunications,F3the Director General of Gas Supply,F4the Civil Aviation Authority,F5the Director General of Water Services,F6the Director General of Electricity Supply,F7the Director General of Electricity Supply for Northern IrelandF8the Rail Regulator, the Commission, the Secretary of State or any other Minister under this Act, F9the M1 Restrictive Trade Practices Act 1956 or the M2 Restrictive Trade Practices Act 1968 or F10the M3 Estate Agents Act 1979, orF11the M4 Competition Act 1980 F2or the Telecommunications Act 1984 F12or Chapter XIV of Part I of the Financial Services Act 1986,F3or the Gas Act 1986,F4or the Airports Act 1986,F5or the Water Act 1989,F13the Water Industry Act 1991 or any of the other consolidation Acts (within the meaning of section 206 of that Act of 1991)F6or the Electricity Act 1989,F14or the Electricity (Northern Ireland) Order 1992F15or the Broadcasting Act 1990,, orF16the Control of Misleading Advertisements Regulations 1988F8or the Railways Act 1993

b

in pursuance of a Community obligation within the meaning of the M5European Communities Act 1972.

3

Subsection (1) of this section does not apply to any disclosure of information which is made for the purposes of any proceedings before the Restrictive Practices Court or of any other legal proceedings, whether civil or criminal, under this Act, F17the M6Restrictive Trade Practices Act 1956 or the M7Restrictive Trade Practices Act 1968F18or the Control of Misleading Advertisement Regulations 1988.

4

Nothing in subsection (1) of this section shall be construed—

a

as limiting the matters which may be included in, or made public as part of, a report of the Advisory Committee or of the Commission;

b

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F19; or

c

as applying to any information which has been made public as part of such a report or as part of that register.

5

Any person who discloses any information in contravention of this section shall be guilty of an offence and shall be liable—

a

on summary conviction, to a fine not exceeding £400;

b

on conviction on indictment, to imprisonment for a term not exceeding two years or to a fine or to both.

6

In this section references to this Act shall be construed as including references to any enactment repealed by this Act.