Health and Safety at Work etc. Act 1974

Obtaining and disclosure of information U.K.

27 Obtaining of information by the Commission, the Executive, enforcing authorities etc. U.K.

(1) For the purpose of obtaining—

(a) any information which [F1 the Executive] needs for the discharge of its functions; or

(b) any information which an enforcing authority [F2 other than the Office for Nuclear Regulation ]needs for the discharge of the authority’s functions,

[F1 the Executive] may, with the consent of the Secretary of State, serve on any person a notice requiring that person to furnish to [F1 the Executive] or, as the case may be, to the enforcing authority in question such information about such matters as may be specified in the notice, and to do so in such form and manner and within such time as may be so specified.

In this subsection “consent” includes a general consent extending to cases of any stated description.

(2) Nothing in section 9 of the M1 Statistics of Trade Act 1947 (which restricts the disclosure of information obtained under that Act) shall prevent or penalise—

(a) the disclosure by a Minister of the Crown to F3 . . . the Executive of information obtained under that Act about any undertaking within the meaning of that Act, being information consisting of the names and address of the persons carrying on the undertaking, the nature of the undertaking’s activities, the numbers of persons of different descriptions who work in the undertaking, the addresses or places where activities of the undertaking are or were carried on, the nature of the activities carried on there, or the numbers of person of different descriptions who work or worked in the undertaking there; F4 . . .

F4 (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F5 (3) In the preceding subsection, any reference to a Minister of the Crown or the Executive includes respectively a reference to an officer of that person or of that body and also, in the case of a reference to the Executive, includes a reference to—

(a) a person performing any functions of the Executive on its behalf by virtue of section 13(3);

(b) an officer of a body which is so performing any such functions; and

(c) an adviser appointed under section 13(7).]

(4) A person to whom information is disclosed in pursuance of subsection (2) above shall not use the information for a purpose other than a purpose F6 . . . of the Executive.

Textual Amendments

F1 Words in s. 27(1) substituted (1.4.2008) by The Legislative Reform (Health and Safety Executive) Order 2008 (S.I. 2008/960), art. 11(2) (with art. 21, Sch. 2)

F2 Words in s. 27(1)(b) inserted (1.4.2014) by Energy Act 2013 (c. 32), s. 156(1), Sch. 12 para. 7; S.I. 2014/251, art. 4

F3 Words in s. 27(2) omitted (1.4.2008) by virture of The Legislative Reform (Health and Safety Executive) Order 2008 (S.I. 2008/960), art. 11(3) (with art. 21, Sch. 2)

F4 S. 27(2)(b) and the word “or” immediately preceding it repealed by Employment Act 1989 (c. 38, SIF 43:1), s. 29(3)(4), Sch. 6 para. 10(2), Sch. 7 pt. 1

F5 S. 27(3) substituted (1.4.2008) by The Legislative Reform (Health and Safety Executive) Order 2008 (S.I. 2008/960), art. 11(4) (with art. 21, Sch. 2)

F6 Words in s. 27(4) omitted (1.4.2008) by virtue The Legislative Reform (Health and Safety Executive) Order 2008 (S.I. 2008/960), art. 11(5) (with art. 21, Sch. 2)

Modifications etc. (not altering text)

C20 S. 27 applied by S.I. 1989/840, arts. 2-10

S. 27: power to apply conferred (E.W.S.) (28.8.1995) by 1995 c. 15, ss. 2(4)(e), 5 (with s. 3(5))

S. 27 applied (with modifications) (E.W.S.) (16.4.1996) by S.I. 1996/772, reg. 17

S. 27 applied (with modifications) (E.W.S.) (1.3.1996) by S.I. 1996/192, reg. 15, Sch. 14 para. 1(b)

S. 27 applied (with modifications) (E.W.S.) (1.7.1997) by S.I. 1997/831, reg. 19(1)-(4), Sch. 15 para. 1(a)(b)

C21 Ss. 19-28 modified (6.4.1992) by S.I. 1992/711, regs. 1(2), 28(3)(b)(5)(a)

S. 27 extended (with modifications) (E.W.S.) (1.4.1996) by 1995 c. 25, s. 120(1), Sch. 22 para. 30(5) (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3

C22 S. 27 applied (with modifications) (1.1.1993) by S.I. 1992/3073, reg. 28, Sch. 6 para. 1(b)

C23 S. 27 applied (with modifications) (29.11.1999) by S.I. 1999/2001, reg. 24(1), Sch. 8 para. 1(b)

C24 S. 27 applied (11.7.2001) by S.I. 2001/2127, arts. 4(1), 5(1)(2), 6(1), 7(1), 8(1), 10 (with art. 11) (as amended by S.I. 2009/1750, art. 2(2)(4))

C25 S. 27 applied (with modifications) (E.W.S.) (3.5.2004) by S.I. 2004/129, reg. 23(3)(d); s. 27 applied (with modifications) (E.W.S.) (9.6.2004) by S.I. 2004/1309, reg. 17; s. 27 applied (E.W.S.) (22.4.2005) by S.I. 2005/928, reg. 4(2)(3)(5)(6)

C26 Ss. 1-59, 80-82 applied (temp.) (5.8.2009) by The Health and Safety at Work etc. Act 1974 (Application outside Great Britain) Order 2001 (S.I. 2001/2127), arts. 8A, 8B (as inserted by S.I. 2009/1750, art. 2(3))

C27 Ss. 19-28 applied (with modifications) (E.W.S.) (4.7.2010 for certain purposes and otherwise 4.7.2013) by The Pyrotechnic Articles (Safety) Regulations 2010 (S.I. 2010/1554), regs. 1, 18, 37(1), {Sch. 4 paras. 1, 2}

C28 Ss. 1-59 applied by S.I. 2001/2127 art. 8A 8B (as inserted (E.W.S.) (6.4.2011) by The Health and Safety at Work etc. Act 1974 (Application outside Great Britain) (Variation) Order 2011 (S.I. 2011/745), arts. 1(1), 3(2))

C29 Ss. 25A-28 applied (with modifications) (1.3.2014) by The Biocidal Products and Chemicals (Appointment of Authorities and Enforcement) Regulations 2013 (S.I. 2013/1506), regs. 2(4), 19 (with reg. 3(4)(5)31)

C30 S. 27(1) applied (with modifications) (E.W.S.) (22.9.2003) by S.I. 2003/403, reg. 23(2)(d)(3)(5) (as amended (25.11.2006) by S.I. 2006/2815, reg. 8)

Marginal Citations

M1 1947 c. 39.

[F8 27A [F7 Information communicated by Commissioners for Revenue and Customs]. U.K.

(1) If they think it appropriate to do so for the purpose of facilitating the exercise or performance by any person to whom sub-section (2) below applies of any of that person’s powers or duties under any of the relevant statutory provisions, [F9 the Commissioners for Her Majesty’s Revenue and Customs] may authorise the disclosure to that person of any information obtained [F10 or held] for the purposes of the exercise [F11 by Her Majesty’s Revenue and Customs] of their functions in relation to imports.

(2) This subsection applies to an enforcing authority and to an inspector [F12 , other than the Office for Nuclear Regulation or an inspector appointed by the Office for Nuclear Regulation].

(3) A disclosure of information made to any person under subsection (1) above shall be made in such manner as may be directed by [F13 the Commissioners for Her Majesty’s Revenue and Customs]and may be made through such persons acting on behalf of that person as may be so directed.

(4) Information may be disclosed to a person under subsection (1) above whether or not the disclosure of the information has beenrequested by or on behalf of that person.]

Textual Amendments

F7 S. 27A heading substituted (18.4.2005) by virtue of Commissioners for Revenue and Customs Act 2005 (c. 11), ss. 50, 53(1), Sch. 4 para. 18(4); S.I. 2005/1126, art. 2(2)(h)

F8 S. 27A inserted by Consumer Protection Act 1987 (c. 43, SIF 109:1), s. 36, Sch. 3 para. 4

F9 Words in s. 27A(1) substituted (18.4.2005) by Commissioners for Revenue and Customs Act 2005 (c. 11), ss. 50, 53(1), Sch. 4 para. 18(2)(a); S.I. 2005/1126, art. 2(2)(h)

F10 Words in s. 27A(1) inserted (18.4.2005) by Commissioners for Revenue and Customs Act 2005 (c. 11), ss. 50, 53(1), Sch. 4 para. 18(2)(b); S.I. 2005/1126, art. 2(2)(h)

F11 Words in s. 27A(1) substituted (18.4.2005) by Commissioners for Revenue and Customs Act 2005 (c. 11), ss. 50, 53(1), Sch. 4 para. 18(2)(c); S.I. 2005/1126, art. 2(2)(h)

F12 Words in s. 27A(2) inserted (1.4.2014) by Energy Act 2013 (c. 32), s. 156(1), Sch. 12 para. 8; S.I. 2014/251, art. 4

F13 Words in s. 27A(3) substituted (18.4.2005) by Commissioners for Revenue and Customs Act 2005 (c. 11), ss. 50, 53(1), Sch. 4 para. 18(3); S.I. 2005/1126, art. 2(2)(h)

Modifications etc. (not altering text)

C28 Ss. 1-59 applied by S.I. 2001/2127 art. 8A 8B (as inserted (E.W.S.) (6.4.2011) by The Health and Safety at Work etc. Act 1974 (Application outside Great Britain) (Variation) Order 2011 (S.I. 2011/745), arts. 1(1), 3(2))

C29 Ss. 25A-28 applied (with modifications) (1.3.2014) by The Biocidal Products and Chemicals (Appointment of Authorities and Enforcement) Regulations 2013 (S.I. 2013/1506), regs. 2(4), 19 (with reg. 3(4)(5)31)

C31 Ss. 19-28 applied (with modifications) (1.1.1993) by S.I. 1992/3073, reg. 28, Sch. 6 para. 1(b)

Ss. 19-28, 33-35, 38, 39, 41, 42 applied (with modifications) (E.W.S.) (1.3.1996) by S.I. 1996/192, reg. 15, Sch. 14 para. 1(b)

Ss. 19-28, 33-35, 38, 39, 41, 42 applied (with modifications) (E.W.S.) (1.7.1997) by S.I. 1997/831, reg. 19(1)-(4), Sch. 15 para. 1(a)(b)

C32 Ss. 19-28 modified (6.4.1992) by S.I.1992/711, regs. 1(2), 28(3)(b)(5)(a)

C33 Ss. 19-28 applied (with modifications) (29.11.1999) by S.I. 1999/2001, reg. 24(1), Sch. 8 para. 1(b)

C34 Ss. 1-59, 80-82 applied (11.7.2001) by S.I. 2001/2127, arts. 4(1), 5(1)(2), 6(1), 7(1), 8(1), 10 (with art. 11) (as amended by S.I. 2009/1750, art. 2(2)(4))

C35 S. 27A applied (with modifications) (E.W.S.) (3.5.2004) by S.I. 2004/129, reg. 23(3)(d); s. 27A applied (with modifications) (E.W.S.) (22.4.2005) by S.I. 2005/928, reg. 4(2)-(6)

C36 Ss. 1-59, 80-82 applied (temp.) (5.8.2009) by The Health and Safety at Work etc. Act 1974 (Application outside Great Britain) Order 2001 (S.I. 2001/2127), arts. 8A, 8B (as inserted by S.I. 2009/1750, art. 2(3))

C37 Ss. 19-28 applied (with modifications) (E.W.S.) (4.7.2010 for certain purposes and otherwise 4.7.2013) by The Pyrotechnic Articles (Safety) Regulations 2010 (S.I. 2010/1554), regs. 1, 18, 37(1), {Sch. 4 paras. 1, 2}

28 Restrictions on disclosure of information. E+W

(1) In this and the two following subsections—

(a) “relevant information” means information obtained by a person under section 27(1) or furnished to any person [F14 , other than the Office for Nuclear Regulation (or an inspector appointed by it), ][F15 under section 27A above [F16 , by virtue of section 43A(6) below]or] in pursuance of a requirement imposed by any of the relevant statutory provisions; and

(b) “the recipient”, in relation to any relevant information, means the person by whom that information was so obtained or to whom that information was so furnished, as the case may be.

(2) Subject to the following subsection, no relevant information shall be disclosed without the consent of the person by whom it was furnished.

(3) The preceding subsection shall not apply to—

(a) disclosure of information to F17 . . . the Executive [F18 , the Office for Nuclear Regulation, ], [F19 the Environment Agency, [F20 the Natural Resources Body for Wales,]the Scottish Environment Protection Agency,] a government department or any enforcing authority;

(b) without prejudice to paragraph (a) above, disclosure by the recipient of information to any person for the purpose of any function conferred on the recipient by or under any of the relevant statutory provisions;

(c) without prejudice to paragraph (a) above, disclosure by the recipient of information to—

(i) an officer of a local authority who is authorised by that authority to receive it,

[F21 (ii) an officer F22 . . . of a water undertaker, sewerage undertaker, water authority or water development board who is authorised by that F23 . . . undertaker, authority or board to receive it, ]

F24 (iii) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(iv) a constable authorised by a chief officer of police to receive it;

(d) disclosure by the recipient of information in a form calculated to prevent it from being identified as relating to a particular person or case;

(e) disclosure of information for the purposes of any legal proceedings or any investigation or inquiry held by virtue of [F25 section 14(2) or (2A)] , or for the purposes of a report of any such proceedings or inquiry or of a special report made by virtue of [F25 section 14(2) or (2A)].

[F26 (f) any other disclosure of information by the recipient, if–

(i) the recipient is, or is acting on behalf of a person who is, a public authority for the purposes of the Freedom of Information Act 2000, and

(ii) the information is not held by the authority on behalf of another person.]

[F27 (4) In the preceding subsection, any reference to the Executive [F28 , the Office for Nuclear Regulation,], the Environment Agency, [F29 the Natural Resources Body for Wales,] the Scottish Environment Protection Agency, a government department or an enforcing authority includes respectively a reference to an officer of that body or authority (including, in the case of an enforcing authority, any inspector appointed by it), and also, in the case of a reference to the Executive [F30 or the Office for Nuclear Regulation ], includes a reference to—

(a) a person performing any functions of the Executive[F31 or Office for Nuclear Regulation ] on its behalf by virtue of section 13(3)[F31 of this Act or, as the case may be, section 95 of the Energy Act 2013 ];

(b) an officer of a body which is so performing any such functions; and

(c) an adviser appointed under section 13(7)[F32 or, in the case of the Office for Nuclear Regulation, a person providing advice to that body.]]

(5) A person to whom information is disclosed in pursuance of [F33 any of paragraphs (a) to (e) of] subsection (3) above shall not use the information for a purpose other than—

(a) in a case falling within paragraph (a) of that subsection, a purpose F34 . . . of the Executive [F35 , of the Office for Nuclear Regulation ] or [F36 of the Environment Agency [F37 or of the Natural Resources Body for Wales]or of the Scottish Environment Protection Agency or]of the government department in question, or the purposes of the enforcing authority in question in connection with the relevant statutory provisions, as the case may be;

(b) in the case of information given to an officer of a [F38 body which is a local authority, F39 . . . a water undertaker, a sewerage undertaker, a water authority, a river purification board or a water development board, the purposes of the body] in connection with the relevant statutory provisions or any enactment whatsoever relating to public health, public safety or the protection of the environment;

(c) in the case of information given to a constable, the purposes of the police in connection with the relevant statutory provisions or any enactment whatsoever relating to public health, public safety or the safety of the State.

[F40 ( 6 ) References in subsections (3) and (5) above to a local authority include F41 . . . a joint authority established by Part IV of the Local Government Act 1985, [F42 an economic prosperity board established under section 88 of the Local Democracy, Economic Development and Construction Act 2009, a combined authority established under section 103 of that Act, ] [F43 an authority established for an area in England by an order under section 207 of the Local Government and Public Involvement in Health Act 2007 (joint waste authorities) ] [F44 and the London Fire and Emergency Planning Authority ] . ]

(7) A person shall not disclose any information obtained by him as a result of the exercise of any power conferred by section 14(4)(a) or 20 (including, in particular, any information with respect to any trade secret obtained by him in any premises entered by him by virtue of any such power) except—

(a) for the purposes of his functions; or

(b) for the purposes of any legal proceedings or any investigation or inquiry held by virtue of [F45 section 14(2) or (2A)] or for the purposes of a report of any such proceedings or inquiry or of a special report made by virtue of [F45 section 14(2) or (2A)]; or

(c) with the relevant consent.

In this subsection “the relevant consent” means, in the case of information furnished in pursuance of a requirement imposed under section 20, the consent of the person who furnished it, and, in any other case, the consent of a person having responsibilities in relation to the premises where the information was obtained.

(8) Notwithstanding anything in the preceding subsection an inspector shall, in circumstances in which it is necessary to do so for the purpose of assisting in keeping persons (or the representatives of persons) employed at any premises adequately informed about matters affecting their health, safety and welfare, give to such persons or their represenatives the following descriptions of information, that is to say—

(a) factual information obtained by him as mentioned in that subsection which relates to those premises or anything which was or is therein or was or is being done therein; and

(b) information with respect to any action which he has taken or proposes to take in or in connection with those premises in the performance of his functions;

and, where an inspector does as aforesaid, he shall give the like information to the employer of the first-mentioned persons.

[F46 (9) Notwithstanding anything in subsection (7) above, a person who has obtained such information as is referred to in that subsection may furnish to a person who appears to him to be likely to be a party to any civil proceedings arising out of any accident, occurrence, situation or other matter, a written statement of relevant facts observed by him in the course of exercising any of the powers referred to in that subsection].

[F47 (9A) Subsection (7) above does not apply if–

(a) the person who has obtained any such information as is referred to in that subsection is, or is acting on behalf of a person who is, a public authority for the purposes of the Freedom of Information Act 2000, and

(b) the information is not held by the authority on behalf of another person.]

[F48 (9B) Nothing in subsection (7) or (9) applies to a person appointed as an inspector by the Office for Nuclear Regulation in relation to functions which the person has by virtue of that appointment.]

[F49 (10) The Broads Authority and every National Park authority shall be deemed to be local authorities for the purposes of this section.]

Extent Information

E2 This version of this provision extends to England and Wales only; separate versions have been created for Scotland only and for Northern Ireland (in so far as this provision extends there, see s. 84(1)).

Textual Amendments

F14 Words in s. 28(1)(a) inserted (1.4.2014) by Energy Act 2013 (c. 32), s. 156(1), Sch. 12 para. 9(2); S.I. 2014/251, art. 4

F15 Words inserted by Consumer Protection Act 1987 (c. 43, SIF 109:1), s. 36, Sch. 3 para. 5

F16 Words in s. 28(1)(a) inserted (10.9.2003) by Railways and Transport Safety Act 2003 (c. 20), ss. 105(2), 120

F17 Words in s. 28(3)(a) omitted (1.4.2008) by virtue of The Legislative Reform (Health and Safety Executive) Order 2008 (S.I. 2008/960), art. 12(2)(a) (with art. 21, Sch. 2)

F18 Words in s. 28(3)(a) inserted (1.4.2014) by Energy Act 2013 (c. 32), s. 156(1), Sch. 12 para. 9(3); S.I. 2014/251, art. 4

F19 Words in s. 28(3)(a) inserted (E.W.S.) (1.4.1996) by 1995 c. 25, s. 120(1), Sch. 22 para. 30(6)(a) (with ss. 7(6), 115, 117); S.I. 1996/186, art. 2

F20 Words in s. 28(3)(a) inserted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (No. 755), art. 1(2), Sch. 2 para. 112(2) (with Sch. 7)

F21 S. 28(3)(c)(ii) substituted by Water Act 1989 (c. 15, SIF 130), s. 190, Sch. 25 para. 46(a) (with ss. 58(7), 101(1), 141(6), 160(1)(2)(4), 163, 189(4)–(10), 190, 193(1), Sch. 26 paras. 3(1)(2), 17, 40(4), 57(6), 58)

F22 Words in s. 28(3)(c)(ii) repealed (E.W.) (1.4.1996) by 1995 c. 25, s. 120(1), Sch. 22 para. 30(6)(b)(i), Sch. 24 (with ss. 7(6), 115, 117); S.I. 1996/186, art. 2

F23 Word in s. 28(3)(c)(ii) repealed (E.W.) (1.4.1996) by 1995 c. 25, s. 120(1), Sch. 22 para. 30(6)(b)(ii), Sch. 24 (with ss. 7(6), 115, 117); S.I. 1996/186, art. 2

F24 S. 28(3)(c)(iii) repealed (E.W.S.) (1.4.1996) by 1995 c. 25, s. 120(1), Sch. 22 para. 30(6)(d), Sch. 24 (with ss. 7(6), 115, 117); S.I. 1996/186, art. 2

F25 Words in s. 28(3)(e) substituted (1.4.2008) by The Legislative Reform (Health and Safety Executive) Order 2008 (S.I. 2008/960), art. 12(2)(b) (with art. 21, Sch. 2)

F26 S. 28(3)(f) inserted (1.1.2005) by The Freedom of Information (Removal and Relaxation of Statutory Prohibitions on Disclosure of Information) Order 2004 (S.I. 2004/3363), art. 5(2)

F27 S. 28(4) substituted (1.4.2008) by The Legislative Reform (Health and Safety Executive) Order 2008 (S.I. 2008/960), art. 12(3) (with art. 21, Sch. 2)

F28 Words in s. 28(4) inserted (1.4.2014) by Energy Act 2013 (c. 32), s. 156(1), Sch. 12 para. 9(4)(a)(i); S.I. 2014/251, art. 4

F29 Words in s. 28(4) inserted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (No. 755), art. 1(2), Sch. 2 para. 112(3) (with Sch. 7)

F30 Words in s. 28(4) inserted (1.4.2014) by Energy Act 2013 (c. 32), s. 156(1), Sch. 12 para. 9(4)(a)(ii); S.I. 2014/251, art. 4

F31 Words in s. 28(4)(a) inserted (1.4.2014) by Energy Act 2013 (c. 32), s. 156(1), Sch. 12 para. 9(4)(b); S.I. 2014/251, art. 4

F32 Words in s. 28(4)(c) inserted (1.4.2014) by Energy Act 2013 (c. 32), s. 156(1), Sch. 12 para. 9(4)(c); S.I. 2014/251, art. 4

F33 Words in s. 28(5) inserted (1.1.2005) by The Freedom of Information (Removal and Relaxation of Statutory Prohibitions on Disclosure of Information) Order 2004 (S.I. 2004/3363), art. 5(3)

F34 Words in s. 28(5)(a) omitted (1.4.2008) by virtue of The Legislative Reform (Health and Safety Executive) Order 2008 (S.I. 2008/960), art. 12(4) (with art. 21, Sch. 2)

F35 Words in s. 28(5)(a) inserted (1.4.2014) by Energy Act 2013 (c. 32), s. 156(1), Sch. 12 para. 9(5); S.I. 2014/251, art. 4

F36 Words in s. 28(5)(a) inserted (E.W.S.) (1.4.1996) by 1995 c. 25, s. 120(1), Sch. 22 para. 30(6)(f)(i) (with ss. 7(6), 115, 117); S.I. 1996/186, art. 2

F37 Words in s. 28(5)(a) inserted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (No. 755), art. 1(2), Sch. 2 para. 112(4) (with Sch. 7)

F38 Words substituted by Water Act 1989 (c. 15, SIF 130), s. 190, Sch. 25 para. 46(b) (with ss. 58(7), 101(1), 141(6), 160(1)(2)(4), 163, 189(4)–(10), 190, 193(1), Sch. 26 paras. 3(1)(2), 17, 40(4), 57(6), 58)

F39 Words in s. 28(5)(b) repealed (E.W.) (1.4.1996) by 1995 c. 25, s. 120(1), Sch. 22 para. 30(6)(f)(ii), Sch. 24 (with ss. 7(6), 115, 117); S.I. 1996/186, art. 2

F40 S. 28(6) substituted by Local Government Act 1985 (c. 51, SIF 81:1), s. 84, Sch. 14 para. 52

F41 Words repealed by Education Reform Act 1988 (c. 40, SIF 41:1), ss. 231(7), 235(6), 237(2), Sch. 13 Pt. I

F42 Words in s. 28(6) inserted (17.12.2009) by Local Democracy, Economic Development and Construction Act 2009 (c. 20), ss. 119, 148(6), Sch. 6 para. 42; S.I. 2009/3318, art. 2

F43 Words in s. 28(6) inserted (1.4.2008) by Local Government and Public Involvement in Health Act 2007 (c. 28), ss. 209, 245, Sch. 13 para. 32; S.I. 2008/917, art. 2(1)(o)(p)

F44 Words in s. 28(6) added (3.7.2000) by 1999 c. 29, s. 328(8), Sch. 29 para. 23 (with Sch. 12 para. 9(1)); S.I. 2000/1094, art. 4

F45 Words in s. 28(7) substituted (1.4.2008) by The Legislative Reform (Health and Safety Executive) Order 2008 (S.I. 2008/960), art. 12(5) (with art. 21, Sch. 2)

F46 S. 28(9) inserted by Employment Protection Act 1975 (c. 71), Sch. 15 para. 9

F47 S. 28(9A) inserted (1.1.2005) by The Freedom of Information (Removal and Relaxation of Statutory Prohibitions on Disclosure of Information) Order 2004 (S.I. 2004/3363), art. 5(4)

F48 S. 28(9B) inserted (1.4.2014) by Energy Act 2013 (c. 32), s. 156(1), Sch. 12 para. 9(6); S.I. 2014/251, art. 4

F49 S. 28(10) substituted (E.W.) (23.11.1995) by 1995 c. 25, s. 78, Sch. 10 para. 12 (with ss. 7(6), 115, 117); S.I. 1995/2950, art. 2

Modifications etc. (not altering text)

C28 Ss. 1-59 applied by S.I. 2001/2127 art. 8A 8B (as inserted (E.W.S.) (6.4.2011) by The Health and Safety at Work etc. Act 1974 (Application outside Great Britain) (Variation) Order 2011 (S.I. 2011/745), arts. 1(1), 3(2))

C29 Ss. 25A-28 applied (with modifications) (1.3.2014) by The Biocidal Products and Chemicals (Appointment of Authorities and Enforcement) Regulations 2013 (S.I. 2013/1506), regs. 2(4), 19 (with reg. 3(4)(5)31)

C38 S. 28 applied by S.I. 1989/840, arts. 2-10

S. 28 excluded (with saving) (E.W.S.) (1.12.1997) by S.I. 1997/1840, regs. 7, 9

S. 28 extended (E.W.S.) (1.10.1996) by S.I. 1996/1513, reg. 10

S. 28: power to apply conferred (E.W.S.) (28.8.1995) by 1995 c. 15, ss. 2(4)(e), 5 (with s. 3(5))

S. 28 applied (with modifications) (E.W.S.) (1.3.1996) by S.I. 1996/192, reg. 15, Sch. 14 para. 1(b)

S. 28 applied (with modifications) (E.W.S.) (1.7.1997) by S.I. 1997/831, reg. 19(1)-(4), Sch. 15 para. 1(a)(b)

S. 28 restricted (15.11.2000) by S.I. 2000/2831, reg. 23(1)

C39 S. 28 amended by S.I. 1982/1496, reg. 10(1)

S. 28 extended (5.7.1994) by 1994 c. 19, ss. 39, 66(2)(b), Sch. 13 para. 20(e) (with ss. 54(5)(7), 55(5), Sch. 17 paras. 22(1), 23(2))

C40 S. 28 amended by Local Government Act 1985 (c. 51, SIF 81:1), s. 57(7), Sch. 13 para. 13(f)

C41 S. 28 restricted (E.W.S.) (1.2.1993) by S.I. 1992/3217, reg. 15

S. 28 excluded (E.W.S.) (1.4.1999) by S.I. 1999/743, reg. 21(5).

C42 S. 28 applied (with modifications) (1.1.1993) by S.I. 1992/3073, reg. 28, Sch. 6 para. 1(b)

C43 S. 28 modified (6.4.1992) by S.I. 1992/711, regs. 1(2), 28(3)(b)(5)(a)

C44 Ss. 1-59, 80-82 applied (11.7.2001) by S.I. 2001/2127, arts. 4(1), 5(1)(2), 6(1), 7(1), 8(1), 10 (with art. 11) (as amended by S.I. 2009/1750, art. 2(2)(4))

C45 S. 28 applied (with modifications) (E.W.S.) (22.3.2003 for certain purposes and 22.9.2003 otherwise) by S.I. 2003/403, regs. 1(2), 23(2)(e)(3)

C46 S. 28 applied (E.W.S.) by S.I. 2005/928, art. 4(3)(b)

C47 S. 28 applied (with modifications) (E.W.S.) (the amendment coming into force in accordance with art. 1(1) of the amending S.I.) by The Channel Tunnel (Safety) Order 2007 (S.I. 2007/3531), art. 4(2)(3)(g) (subject to (4)-(6)) (with art. 7)

C48 Ss. 1-59, 80-82 applied (temp.) (5.8.2009) by The Health and Safety at Work etc. Act 1974 (Application outside Great Britain) Order 2001 (S.I. 2001/2127), arts. 8A, 8B (as inserted by S.I. 2009/1750, art. 2(3))

C49 S. 28 applied (with modifications) (E.W.S.) (6.4.2010) by The Rail Vehicle Accessibility (Non-Interoperable Rail System) Regulations 2010 (S.I. 2010/432), reg. 6(2)(3)(f)

C50 S. 28 applied (with modifications) (E.W.S.) (6.4.2010) by The Train Driving Licences and Certificates Regulations 2010 (S.I. 2010/724), regs. 1(2), 38(2)(3)(f)

C51 Ss. 19-28 applied (with modifications) (E.W.S.) (4.7.2010 for certain purposes and otherwise 4.7.2013) by The Pyrotechnic Articles (Safety) Regulations 2010 (S.I. 2010/1554), regs. 1, 18, 37(1), {Sch. 4 paras. 1, 2}

C52 S. 28 applied (with modifications) (16.1.2012) by The Railways (Interoperability) Regulations 2011 (S.I. 2011/3066), regs. 1(2), 39(2)(3)(f) (with reg. 3)

C53 S. 28(6) extended by S.I. 1985/1884, art. 10, Sch. 3 para. 4

s. 28 extended (31.1.1994) by S.I. 1993/3050, art. 18(1) (with art. 3).

C54 S. 28(7): Disclosure powers extended (14.12.2001) by 2001 c. 24, s. 17, Sch. 4 Pt. 1 para. 12

28 Restrictions on disclosure of information. S

(1) In this and the two following subsections—

(a) “relevant information” means information obtained by a person under section 27(1) or furnished to any person [F14 , other than the Office for Nuclear Regulation (or an inspector appointed by it), ][F50 under section 27A above [F16 , by virtue of section 43A(6) below] or] in pursuance of a requirement imposed by any of the relevant statutory provisions; and

(b) “the recipient”, in relation to any relevant information, means the person by whom that information was so obtained or to whom that information was so furnished, as the case may be.

(2) Subject to the following subsection, no relevant information shall be disclosed without the consent of the person by whom it was furnished.

(3) The preceding subsection shall not apply to—

(a) disclosure of information to F17 . . . the Executive [F18 , the Office for Nuclear Regulation, ], [F51 the Environment Agency, [F20 the Natural Resources Body for Wales,]the Scottish Environment Protection Agency,] a government department or any enforcing authority;

(b) without prejudice to paragraph (a) above, disclosure by the recipient of information to any person for the purpose of any function conferred on the recipient by or under any of the relevant statutory provisions;

(c) without prejudice to paragraph (a) above, disclosure by the recipient of information to—

(i) an officer of a local authority who is authorised by that authority to receive it,

[F52 (ii) an officer of a water undertaker, sewerage undertaker, [F53 or Scottish Water] who is authorised by [F54 that undertaker or, as the case may be, Scottish Water] to receive it;]

F55 (iii) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(iv) a constable authorised by a chief officer of police to receive it;

(d) disclosure by the recipient of information in a form calculated to prevent it from being identified as relating to a particular person or case;

(e) disclosure of information for the purposes of any legal proceedings or any investigation or inquiry held by virtue of [F25 section 14(2) or (2A)], or for the purposes of a report of any such proceedings or inquiry or of a special report made by virtue of [F25 section 14(2) or (2A)].

[F56 (f) any other disclosure of information by the recipient, if–

(i) the recipient is, or is acting on behalf of a person who is, a public authority for the purposes of the Freedom of Information Act 2000 [F57 or a Scottish public authority for the purposes of the Freedom of Information (Scotland) Act 2002] , and

(ii) the information is not held by the authority on behalf of another person.]

[F27 (4) In the preceding subsection, any reference to the Executive [F28 , the Office for Nuclear Regulation,], the Environment Agency, [F29 the Natural Resources Body for Wales,] the Scottish Environment Protection Agency, a government department or an enforcing authority includes respectively a reference to an officer of that body or authority (including, in the case of an enforcing authority, any inspector appointed by it), and also, in the case of a reference to the Executive [F30 or the Office for Nuclear Regulation ], includes a reference to—

(a) a person performing any functions of the Executive [F31 or Office for Nuclear Regulation ] on its behalf by virtue of section 13(3) [F31 of this Act or, as the case may be, section 95 of the Energy Act 2013 ];

(b) an officer of a body which is so performing any such functions; and

(c) an adviser appointed under section 13(7) [F32 or, in the case of the Office for Nuclear Regulation, a person providing advice to that body.]]

(5) A person to whom information is disclosed in pursuance of [F58 any of paragraphs (a) to (e) of] subsection (3) above shall not use the information for a purpose other than—

(a) in a case falling within paragraph (a) of that subsection, a purpose F34 . . . of the Executive [F35 , of the Office for Nuclear Regulation ]or [F59 of the Environment Agency [F37 or of the Natural Resources Body for Wales]or of the Scottish Environment Protection Agency or] of the government department in question, or the purposes of the enforcing authority in question in connection with the relevant statutory provisions, as the case may be;

(b) [F60 in the case of information given to an officer of a body which is a local authority, a water undertaker, [F61 or a sewerage undertaker or to an officer of Scottish Water,] the purposes of the body [F62 authority, undertaker or, as the case may be, Scottish Water] in connection] with the relevant statutory provisions or any enactment whatsoever relating to public health, public safety or the protection of the environment;

(c) in the case of information given to a constable, the purposes of the police in connection with the relevant statutory provisions or any enactment whatsoever relating to public health, public safety or the safety of the State.

[F63 ( 6 ) References in subsections (3) and (5) above to a local authority include F41 . . . a joint authority established by Part IV of the Local Government Act 1985, [F42 an economic prosperity board established under section 88 of the Local Democracy, Economic Development and Construction Act 2009, a combined authority established under section 103 of that Act, ] [F43 an authority established for an area in England by an order under section 207 of the Local Government and Public Involvement in Health Act 2007 (joint waste authorities) ] [F44 and the London Fire and Emergency Planning Authority ] . ]

(7) A person shall not disclose any information obtained by him as a result of the exercise of any power conferred by section 14(4)(a) or 20 (including, in particular, any information with respect to any trade secret obtained by him in any premises entered by him by virtue of any such power) except—

(a) for the purposes of his functions; or

(b) for the purposes of any legal proceedings or any investigation or inquiry held by virtue of [F45 section 14(2) or (2A)] or for the purposes of a report of any such proceedings or inquiry or of a special report made by virtue of [F45 section 14(2) or (2A)]; or

(c) with the relevant consent.

In this subsection “the relevant consent” means, in the case of information furnished in pursuance of a requirement imposed under section 20, the consent of the person who furnished it, and, in any other case, the consent of a person having responsibilities in relation to the premises where the information was obtained.

(8) Notwithstanding anything in the preceding subsection an inspector shall, in circumstances in which it is necessary to do so for the purpose of assisting in keeping persons (or the representatives of persons) employed at any premises adequately informed about matters affecting their health, safety and welfare, give to such persons or their represenatives the following descriptions of information, that is to say—

(a) factual information obtained by him as mentioned in that subsection which relates to those premises or anything which was or is therein or was or is being done therein; and

(b) information with respect to any action which he has taken or proposes to take in or in connection with those premises in the performance of his functions;

and, where an inspector does as aforesaid, he shall give the like information to the employer of the first-mentioned persons.

[F64 (9) Notwithstanding anything in subsection (7) above, a person who has obtained such information as is referred to in that subsection may furnish to a person who appears to him to be likely to be a party to any civil proceedings arising out of any accident, occurrence, situation or other matter, a written statement of relevant facts observed by him in the course of exercising any of the powers referred to in that subsection].

[F65 (9A) Subsection (7) above does not apply if–

(a) the person who has obtained any such information as is referred to in that subsection is, or is acting on behalf of a person who is, a public authority for the purposes of the Freedom of Information Act 2000 [F66 or 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.]

[F48 (9B) Nothing in subsection (7) or (9) applies to a person appointed as an inspector by the Office for Nuclear Regulation in relation to functions which the person has by virtue of that appointment.]

[F67 (10) For the purposes of this section the Broads Authority shall be treated as a local authority.]

Extent Information

E3 This version of this provision extends to Scotland only; separate versions of this provision have been created for England and Wales only and for Northern Ireland (in so far as this provision extends there, see s. 84(1))

Textual Amendments

F14 Words in s. 28(1)(a) inserted (1.4.2014) by Energy Act 2013 (c. 32), s. 156(1), Sch. 12 para. 9(2); S.I. 2014/251, art. 4

F16 Words in s. 28(1)(a) inserted (10.9.2003) by Railways and Transport Safety Act 2003 (c. 20), ss. 105(2), 120

F17 Words in s. 28(3)(a) omitted (1.4.2008) by virtue of The Legislative Reform (Health and Safety Executive) Order 2008 (S.I. 2008/960), art. 12(2)(a) (with art. 21, Sch. 2)

F18 Words in s. 28(3)(a) inserted (1.4.2014) by Energy Act 2013 (c. 32), s. 156(1), Sch. 12 para. 9(3); S.I. 2014/251, art. 4

F20 Words in s. 28(3)(a) inserted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (No. 755), art. 1(2), Sch. 2 para. 112(2) (with Sch. 7)

F25 Words in s. 28(3)(e) substituted (1.4.2008) by The Legislative Reform (Health and Safety Executive) Order 2008 (S.I. 2008/960), art. 12(2)(b) (with art. 21, Sch. 2)

F27 S. 28(4) substituted (1.4.2008) by The Legislative Reform (Health and Safety Executive) Order 2008 (S.I. 2008/960), art. 12(3) (with art. 21, Sch. 2)

F28 Words in s. 28(4) inserted (1.4.2014) by Energy Act 2013 (c. 32), s. 156(1), Sch. 12 para. 9(4)(a)(i); S.I. 2014/251, art. 4

F29 Words in s. 28(4) inserted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (No. 755), art. 1(2), Sch. 2 para. 112(3) (with Sch. 7)

F30 Words in s. 28(4) inserted (1.4.2014) by Energy Act 2013 (c. 32), s. 156(1), Sch. 12 para. 9(4)(a)(ii); S.I. 2014/251, art. 4

F31 Words in s. 28(4)(a) inserted (1.4.2014) by Energy Act 2013 (c. 32), s. 156(1), Sch. 12 para. 9(4)(b); S.I. 2014/251, art. 4

F32 Words in s. 28(4)(c) inserted (1.4.2014) by Energy Act 2013 (c. 32), s. 156(1), Sch. 12 para. 9(4)(c); S.I. 2014/251, art. 4

F34 Words in s. 28(5)(a) omitted (1.4.2008) by virtue of The Legislative Reform (Health and Safety Executive) Order 2008 (S.I. 2008/960), art. 12(4) (with art. 21, Sch. 2)

F35 Words in s. 28(5)(a) inserted (1.4.2014) by Energy Act 2013 (c. 32), s. 156(1), Sch. 12 para. 9(5); S.I. 2014/251, art. 4

F37 Words in s. 28(5)(a) inserted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (No. 755), art. 1(2), Sch. 2 para. 112(4) (with Sch. 7)

F41 Words repealed by Education Reform Act 1988 (c. 40, SIF 41:1), ss. 231(7), 235(6), 237(2), Sch. 13 Pt. I

F42 Words in s. 28(6) inserted (17.12.2009) by Local Democracy, Economic Development and Construction Act 2009 (c. 20), ss. 119, 148(6), Sch. 6 para. 42; S.I. 2009/3318, art. 2

F43 Words in s. 28(6) inserted (1.4.2008) by Local Government and Public Involvement in Health Act 2007 (c. 28), ss. 209, 245, Sch. 13 para. 32; S.I. 2008/917, art. 2(1)(o)(p)

F44 Words in s. 28(6) added (3.7.2000) by 1999 c. 29, s. 328(8), Sch. 29 para. 23 (with Sch. 12 para. 9(1)); S.I. 2000/1094, art. 4

F45 Words in s. 28(7) substituted (1.4.2008) by The Legislative Reform (Health and Safety Executive) Order 2008 (S.I. 2008/960), art. 12(5) (with art. 21, Sch. 2)

F48 S. 28(9B) inserted (1.4.2014) by Energy Act 2013 (c. 32), s. 156(1), Sch. 12 para. 9(6); S.I. 2014/251, art. 4

F50 Words inserted by Consumer Protection Act 1987 (c. 43, SIF 109:1), s. 36, Sch. 3 para. 5

F51 Words in s. 28(3)(a) inserted (E.W.S.) (1.4.1996) by 1995 c. 25, s. 120(1), Sch. 22 para. 30(6)(a) (with ss. 7(6), 115, 117); S.I. 1996/186, art. 2

F52 S. 28(3)(c)(ii) substituted (S.) (1.4.1996) by 1995 c. 25, s. 120(1), Sch. 22 para. 30(6)(c) (with ss. 7(6), 115, 117); S.I. 1996/186, art. 2

F53 Words in s. 28(3)(c)(ii) substituted (S.) (14.7.2004) by The Water Industry (Scotland) Act 2002 (Consequential Modifications) Order 2004 (S.I. 2004/1822) art. 2, {Sch. Pt. 1 para. 8(a)(i)}

F54 Words in s. 28(3)(c)(ii) substituted (S.) (14.7.2004) by The Water Industry (Scotland) Act 2002 (Consequential Modifications) Order 2004 (S.I. 2004/1822), art. 2, Sch. para. 8(a)(ii)

F55 S. 28(3)(c)(iii) repealed (E.W.S.) (1.4.1996) by 1995 c. 25, s. 120(1), Sch. 22 para. 30(6)(d), Sch. 24 (with ss. 7(6), 115, 117); S.I. 1996/186, art. 2

F56 S. 28(3)(f) inserted (1.1.2005) by The Freedom of Information (Removal and Relaxation of Statutory Prohibitions on Disclosure of Information) Order 2004 (S.I. 2004/3363), art. 5(2)

F57 Words in s. 28(3)(f)(i) inserted (S.) (13.10.2008) by The Freedom of Information (Relaxation of Statutory Prohibitions on Disclosure of Information) (Scotland) Order 2008 (S.S.I. 2008/339), art 5(2)

F58 Words in s. 28(5) inserted (1.1.2005) by The Freedom of Information (Removal and Relaxation of Statutory Prohibitions on Disclosure of Information) Order 2004 (S.I. 2004/3363), art. 5(3)

F59 Words in s. 28(5)(a) inserted (E.W.S.) (1.4.1996) by 1995 c. 25, s. 120(1), Sch. 22 para. 30(6)(f)(i) (with ss. 7(6), 115, 117); S.I. 1996/186, art. 2

F60 Words in s. 28(5)(b) substituted (S.) (1.4.1996) by 1995 c. 25, s. 120(1), Sch. 22 para. 30(6)(f)(iii) (with ss. 7(6), 115, 117); S.I. 1996/186, art. 2

F61 Words in s. 28(5)(b) substituted (14.7.2004) by The Water Industry (Scotland) Act 2002 (Consequential Modifications) Order 2004 (S.I. 2004/ 1822) art. 2, {Sch. Pt. 1 para. 8(b)(i)}

F62 Words in s. 28(5)(b) inserted (14.7.2004) by The Water Industry (Scotland) Act 2002 (Consequential Modifications) Order 2004 (S.I. 2004/1822) art. 2, {Sch. Pt. 1 para. 8(b)(ii)}

F63 S. 28(6) substituted by Local Government Act 1985 (c. 51, SIF 81:1), s. 84, Sch. 14 para. 52

F64 S. 28(9) inserted by Employment Protection Act 1975 (c. 71), Sch. 15 para. 9

F65 S. 28(9A) inserted (1.1.2005) by The Freedom of Information (Removal and Relaxation of Statutory Prohibitions on Disclosure of Information) Order 2004 (S.I. 2004/3363), art. 5(4)

F66 Words in s. 28(9A)(a) inserted (S.) (13.10.2008) by The Freedom of Information (Relaxation of Statutory Prohibitions on Disclosure of Information) (Scotland) Order 2008 (S.S.I. 2008/339), art 5(3)

F67 S. 28(10) added by Norfolk and Suffolk Broads Act 1988 (c. 4, SIF 81:1), s. 21, Sch. 6 para. 13

Modifications etc. (not altering text)

C28 Ss. 1-59 applied by S.I. 2001/2127 art. 8A 8B (as inserted (E.W.S.) (6.4.2011) by The Health and Safety at Work etc. Act 1974 (Application outside Great Britain) (Variation) Order 2011 (S.I. 2011/745), arts. 1(1), 3(2))

C29 Ss. 25A-28 applied (with modifications) (1.3.2014) by The Biocidal Products and Chemicals (Appointment of Authorities and Enforcement) Regulations 2013 (S.I. 2013/1506), regs. 2(4), 19 (with reg. 3(4)(5)31)

C48 Ss. 1-59, 80-82 applied (temp.) (5.8.2009) by The Health and Safety at Work etc. Act 1974 (Application outside Great Britain) Order 2001 (S.I. 2001/2127), arts. 8A, 8B (as inserted by S.I. 2009/1750, art. 2(3))

C49 S. 28 applied (with modifications) (E.W.S.) (6.4.2010) by The Rail Vehicle Accessibility (Non-Interoperable Rail System) Regulations 2010 (S.I. 2010/432), reg. 6(2)(3)(f)

C52 S. 28 applied (with modifications) (16.1.2012) by The Railways (Interoperability) Regulations 2011 (S.I. 2011/3066), regs. 1(2), 39(2)(3)(f) (with reg. 3)

C53 S. 28(6) extended by S.I. 1985/1884, art. 10, Sch. 3 para. 4

s. 28 extended (31.1.1994) by S.I. 1993/3050, art. 18(1) (with art. 3).

C55 S. 28 applied by S.I. 1989/840, arts. 2-10

S. 28 excluded (with saving) (E.W.S.) (1.12.1997) by S.I. 1997/1840, regs. 7, 9

S. 28 extended (E.W.S.) (1.10.1996) by S.I. 1996/1513, reg. 10

S. 28: power to apply conferred (E.W.S.) (28.8.1995) by 1995 c. 15, ss. 2(4)(e), 5 (with s. 3(5))

S. 28 applied (with modifications) (E.W.S.) (1.3.1996) by S.I. 1996/192, reg. 15, Sch. 14 para. 1(b)

S. 28 applied (with modifications) (E.W.S.) (1.7.1997) by S.I. 1997/831, reg. 19(1)-(4), Sch. 15 para. 1(a)(b)

S. 28 restricted (15.11.2000) by S.I. 2000/2831, reg. 23(1)

C56 S. 28 amended by S.I. 1982/1496, reg. 10(1)

S. 28 extended (5.7.1994) by 1994 c. 19, ss. 39, 66(2)(b), Sch. 13 para. 20(e) (with ss. 54(5)(7), 55(5), Sch. 17 paras. 22(1), 23(2))

C57 S. 28 restricted (E.W.S.) (1.2.1993) by S.I. 1992/3217, reg. 15

S. 28 excluded (E.W.S.) (1.4.1999) by S.I. 1999/743, reg. 21(5).

C58 Ss. 19-28 applied (with modifications) (1.1.1993) by S.I. 1992/3073, reg. 28, Sch. 6 para. 1(b)

C59 Ss. 19-28 modified (6.4.1992) by S.I. 1992/711, regs. 1(2), 28(3)(b)(5)(a)

C60 Ss. 1-59, 80-82 applied (11.7.2001) by S.I. 2001/2127, arts. 4(1), 5(1)(2), 6(1), 7(1), 8(1), 10 (with art. 11) (as amended by S.I. 2009/1750, art. 2(2)(4))

C61 S. 28 applied (with modifications) (E.W.S.) (22.3.2003 for certain purposes and 22.9.2003 otherwise) by S.I. 2003/403, regs. 1(2), 23(2)(e)(3)

C62 S. 28 applied (E.W.S.) by S.I. 2005/928, art. 4(3)(b)

C63 S. 28 applied (with modifications) (E.W.S.) (the amendment coming into force in accordance with art. 1(1) of the amending S.I.) by The Channel Tunnel (Safety) Order 2007 (S.I. 2007/3531), art. 4(2)(3)(g) (subject to (4)-(6)) (with art. 7)

C64 S. 28 applied (with modifications) (E.W.S.) (6.4.2010) by The Train Driving Licences and Certificates Regulations 2010 (S.I. 2010/724), regs. 1(2), 38(2)(3)(f)

C65 Ss. 19-28 applied (with modifications) (E.W.S.) (4.7.2010 for certain purposes and otherwise 4.7.2013) by The Pyrotechnic Articles (Safety) Regulations 2010 (S.I. 2010/1554), regs. 1, 18, 37(1), {Sch. 4 paras. 1, 2}

C66 S. 28(7): Disclosure powers extended (14.12.2001) by 2001 c. 24, s. 17, Sch. 4 Pt. 1 para. 12

28 Restrictions on disclosure of information. N.I.

(1) In this and the two following subsections—

(a) “relevant information” means information obtained by a person under section 27(1) or furnished to any person [F14 , other than the Office for Nuclear Regulation (or an inspector appointed by it), ][F68 under section 27A above [F16 , by virtue of section 43A(6) below]or] in pursuance of a requirement imposed by any of the relevant statutory provisions; and

(b) “the recipient”, in relation to any relevant information, means the person by whom that information was so obtained or to whom that information was so furnished, as the case may be.

(2) Subject to the following subsection, no relevant information shall be disclosed without the consent of the person by whom it was furnished.

(3) The preceding subsection shall not apply to—

(a) disclosure of information to F17 . . . the Executive[F18 , the Office for Nuclear Regulation, ], a government department or any enforcing authority;

(b) without prejudice to paragraph (a) above, disclosure by the recipient of information to any person for the purpose of any function conferred on the recipient by or under any of the relevant statutory provisions;

(c) without prejudice to paragraph (a) above, disclosure by the recipient of information to—

(i) an officer of a local authority who is authorised by that authority to receive it,

[F69 (ii) an officer of the National Rivers Authority or of a water undertaker, sewerage undertaker, water authority or water development board who is authorised by that Authority, undertaker, authority or board to receive it,]

(iii) an officer of a river purification board who is authorised by that board to receive it, or

(iv) a constable authorised by a chief officer of police to receive it;

(d) disclosure by the recipient of information in a form calculated to prevent it from being identified as relating to a particular person or case;

(e) disclosure of information for the purposes of any legal proceedings or any investigation or inquiry held by virtue of [F25 section 14(2) or (2A)], or for the purposes of a report of any such proceedings or inquiry or of a special report made by virtue of [F25 section 14(2) or (2A)].

[F70 (f) any other disclosure of information by the recipient, if–

(i) the recipient is, or is acting on behalf of a person who is, a public authority for the purposes of the Freedom of Information Act 2000, and

(ii) the information is not held by the authority on behalf of another person.]

[F27 (4) In the preceding subsection, any reference to the Executive [F28 , the Office for Nuclear Regulation, ], the Environment Agency,[F29 the Natural Resources Body for Wales,] the Scottish Environment Protection Agency, a government department or an enforcing authority includes respectively a reference to an officer of that body or authority (including, in the case of an enforcing authority, any inspector appointed by it), and also, in the case of a reference to the Executive [F30 or the Office for Nuclear Regulation ], includes a reference to—

(a) a person performing any functions of the Executive [F31 or Office for Nuclear Regulation] on its behalf by virtue of section 13(3) [F31 of this Act or, as the case may be, section 95 of the Energy Act 2013];

(b) an officer of a body which is so performing any such functions; and

(c) an adviser appointed under section 13(7) [F32 or, in the case of the Office for Nuclear Regulation, a person providing advice to that body.]]

(5) A person to whom information is disclosed in pursuance of [F71 any of paragraphs (a) to (e) of] subsection (3) above shall not use the information for a purpose other than—

(a) in a case falling within paragraph (a) of that subsection, a purpose F34 . . . of the Executive [F35 , of the Office for Nuclear Regulation ] or of the government department in question, or the purposes of the enforcing authority in question in connection with the relevant statutory provisions, as the case may be;

(b) in the case of information given to an officer of a [F72 body which is a local authority, the National Rivers Authority, a water undertaker, a sewerage undertaker, a water authority, a river purification board or a water development board, the purposes of the body] in connection with the relevant statutory provisions or any enactment whatsoever relating to public health, public safety or the protection of the environment;

(c) in the case of information given to a constable, the purposes of the police in connection with the relevant statutory provisions or any enactment whatsoever relating to public health, public safety or the safety of the State.

[F73 ( 6 ) References in subsections (3) and (5) above to a local authority include F41 . . . a joint authority established by Part IV of the Local Government Act 1985, [F42 an economic prosperity board established under section 88 of the Local Democracy, Economic Development and Construction Act 2009, a combined authority established under section 103 of that Act, ] [F43 an authority established for an area in England by an order under section 207 of the Local Government and Public Involvement in Health Act 2007 (joint waste authorities) ] [F44 and the London Fire and Emergency Planning Authority ] . ]

(7) A person shall not disclose any information obtained by him as a result of the exercise of any power conferred by section 14(4)(a) or 20 (including, in particular, any information with respect to any trade secret obtained by him in any premises entered by him by virtue of any such power) except—

(a) for the purposes of his functions; or

(b) for the purposes of any legal proceedings or any investigation or inquiry held by virtue of [F45 section 14(2) or (2A)] or for the purposes of a report of any such proceedings or inquiry or of a special report made by virtue of [F45 section 14(2) or (2A)]; or

(c) with the relevant consent.

In this subsection “the relevant consent” means, in the case of information furnished in pursuance of a requirement imposed under section 20, the consent of the person who furnished it, and, in any other case, the consent of a person having responsibilities in relation to the premises where the information was obtained.

(8) Notwithstanding anything in the preceding subsection an inspector shall, in circumstances in which it is necessary to do so for the purpose of assisting in keeping persons (or the representatives of persons) employed at any premises adequately informed about matters affecting their health, safety and welfare, give to such persons or their represenatives the following descriptions of information, that is to say—

(a) factual information obtained by him as mentioned in that subsection which relates to those premises or anything which was or is therein or was or is being done therein; and

(b) information with respect to any action which he has taken or proposes to take in or in connection with those premises in the performance of his functions;

and, where an inspector does as aforesaid, he shall give the like information to the employer of the first-mentioned persons.

[F74 (9) Notwithstanding anything in subsection (7) above, a person who has obtained such information as is referred to in that subsection may furnish to a person who appears to him to be likely to be a party to any civil proceedings arising out of any accident, occurrence, situation or other matter, a written statement of relevant facts observed by him in the course of exercising any of the powers referred to in that subsection].

[F75 (9A) Subsection (7) above does not apply if–

(a) the person who has obtained any such information as is referred to in that subsection is, or is acting on behalf of a person who is, a public authority for the purposes of the Freedom of Information Act 2000, and

(b) the information is not held by the authority on behalf of another person.]

[F48 (9B) Nothing in subsection (7) or (9) applies to a person appointed as an inspector by the Office for Nuclear Regulation in relation to functions which the person has by virtue of that appointment.]

[F76 (10) For the purposes of this section the Broads Authority shall be treated as a local authority.]

Extent Information

E4 This version of this provision applies to Northern Ireland (in so far as this provision extends there, see s. 84(1)(a)); separate versions of this provision have been created for England and Wales only and Scotland only

Textual Amendments

F14 Words in s. 28(1)(a) inserted (1.4.2014) by Energy Act 2013 (c. 32), s. 156(1), Sch. 12 para. 9(2); S.I. 2014/251, art. 4

F16 Words in s. 28(1)(a) inserted (10.9.2003) by Railways and Transport Safety Act 2003 (c. 20), ss. 105(2), 120

F17 Words in s. 28(3)(a) omitted (1.4.2008) by virtue of The Legislative Reform (Health and Safety Executive) Order 2008 (S.I. 2008/960), art. 12(2)(a) (with art. 21, Sch. 2)

F18 Words in s. 28(3)(a) inserted (1.4.2014) by Energy Act 2013 (c. 32), s. 156(1), Sch. 12 para. 9(3); S.I. 2014/251, art. 4

F25 Words in s. 28(3)(e) substituted (1.4.2008) by The Legislative Reform (Health and Safety Executive) Order 2008 (S.I. 2008/960), art. 12(2)(b) (with art. 21, Sch. 2)

F27 S. 28(4) substituted (1.4.2008) by The Legislative Reform (Health and Safety Executive) Order 2008 (S.I. 2008/960), art. 12(3) (with art. 21, Sch. 2)

F28 Words in s. 28(4) inserted (1.4.2014) by Energy Act 2013 (c. 32), s. 156(1), Sch. 12 para. 9(4)(a)(i); S.I. 2014/251, art. 4

F29 Words in s. 28(4) inserted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (No. 755), art. 1(2), Sch. 2 para. 112(3) (with Sch. 7)

F30 Words in s. 28(4) inserted (1.4.2014) by Energy Act 2013 (c. 32), s. 156(1), Sch. 12 para. 9(4)(a)(ii); S.I. 2014/251, art. 4

F31 Words in s. 28(4)(a) inserted (1.4.2014) by Energy Act 2013 (c. 32), s. 156(1), Sch. 12 para. 9(4)(b); S.I. 2014/251, art. 4

F32 Words in s. 28(4)(c) inserted (1.4.2014) by Energy Act 2013 (c. 32), s. 156(1), Sch. 12 para. 9(4)(c); S.I. 2014/251, art. 4

F34 Words in s. 28(5)(a) omitted (1.4.2008) by virtue of The Legislative Reform (Health and Safety Executive) Order 2008 (S.I. 2008/960), art. 12(4) (with art. 21, Sch. 2)

F35 Words in s. 28(5)(a) inserted (1.4.2014) by Energy Act 2013 (c. 32), s. 156(1), Sch. 12 para. 9(5); S.I. 2014/251, art. 4

F41 Words repealed by Education Reform Act 1988 (c. 40, SIF 41:1), ss. 231(7), 235(6), 237(2), Sch. 13 Pt. I

F42 Words in s. 28(6) inserted (17.12.2009) by Local Democracy, Economic Development and Construction Act 2009 (c. 20), ss. 119, 148(6), Sch. 6 para. 42; S.I. 2009/3318, art. 2

F43 Words in s. 28(6) inserted (1.4.2008) by Local Government and Public Involvement in Health Act 2007 (c. 28), ss. 209, 245, Sch. 13 para. 32; S.I. 2008/917, art. 2(1)(o)(p)

F44 Words in s. 28(6) added (3.7.2000) by 1999 c. 29, s. 328(8), Sch. 29 para. 23 (with Sch. 12 para. 9(1)); S.I. 2000/1094, art. 4

F45 Words in s. 28(7) substituted (1.4.2008) by The Legislative Reform (Health and Safety Executive) Order 2008 (S.I. 2008/960), art. 12(5) (with art. 21, Sch. 2)

F48 S. 28(9B) inserted (1.4.2014) by Energy Act 2013 (c. 32), s. 156(1), Sch. 12 para. 9(6); S.I. 2014/251, art. 4

F68 Words inserted by Consumer Protection Act 1987 (c. 43, SIF 109:1), s. 36, Sch. 3 para. 5

F69 S. 28(3)(c)(ii) substituted by Water Act 1989 (c. 15, SIF 130), s. 190, Sch. 25 para. 46(a) (with ss. 58(7), 101(1), 141(6), 160(1)(2)(4), 163, 189(4)–(10), 190, 193(1), Sch. 26 paras. 3(1)(2), 17, 40(4), 57(6), 58)

F70 S. 28(3)(f) inserted (1.1.2005) by The Freedom of Information (Removal and Relaxation of Statutory Prohibitions on Disclosure of Information) Order 2004 (S.I. 2004/3363), art. 5(2)

F71 Words in s. 28(5) inserted (1.1.2005) by The Freedom of Information (Removal and Relaxation of Statutory Prohibitions on Disclosure of Information) Order 2004 (S.I. 2004/3363), art. 5(3)

F72 Words substituted by Water Act 1989 (c. 15, SIF 130), s. 190, Sch. 25 para. 46(b) (with ss. 58(7), 101(1), 141(6), 160(1)(2)(4), 163, 189(4), (10), 190, 193(1), Sch. 26 paras. 3(1)(2), 17, 40(4), 57(6), 58)

F73 S. 28(6) substituted by Local Government Act 1985 (c. 51, SIF 81:1), s. 84, Sch. 14 para. 52

F74 S. 28(9) inserted by Employment Protection Act 1975 (c. 71), Sch. 15 para. 9

F75 S. 28(9A) inserted (1.1.2005) by The Freedom of Information (Removal and Relaxation of Statutory Prohibitions on Disclosure of Information) Order 2004 (S.I. 2004/3363), art. 5(4)

F76 S. 28(10) added by Norfolk and Suffolk Broads Act 1988 (c. 4, SIF 81:1), s. 21, Sch. 6 para. 13

Modifications etc. (not altering text)

C28 Ss. 1-59 applied by S.I. 2001/2127 art. 8A 8B (as inserted (E.W.S.) (6.4.2011) by The Health and Safety at Work etc. Act 1974 (Application outside Great Britain) (Variation) Order 2011 (S.I. 2011/745), arts. 1(1), 3(2))

C29 Ss. 25A-28 applied (with modifications) (1.3.2014) by The Biocidal Products and Chemicals (Appointment of Authorities and Enforcement) Regulations 2013 (S.I. 2013/1506), regs. 2(4), 19 (with reg. 3(4)(5)31)

C44 Ss. 1-59, 80-82 applied (11.7.2001) by S.I. 2001/2127, arts. 4(1), 5(1)(2), 6(1), 7(1), 8(1), 10 (with art. 11) (as amended by S.I. 2009/1750, art. 2(2)(4))

C48 Ss. 1-59, 80-82 applied (temp.) (5.8.2009) by The Health and Safety at Work etc. Act 1974 (Application outside Great Britain) Order 2001 (S.I. 2001/2127), arts. 8A, 8B (as inserted by S.I. 2009/1750, art. 2(3))

C52 S. 28 applied (with modifications) (16.1.2012) by The Railways (Interoperability) Regulations 2011 (S.I. 2011/3066), regs. 1(2), 39(2)(3)(f) (with reg. 3)

C53 S. 28(6) extended by S.I. 1985/1884, art. 10, Sch. 3 para. 4

s. 28 extended (31.1.1994) by S.I. 1993/3050, art. 18(1) (with art. 3).

C67 Ss. 1, 25, 26, 27, 28, 30, 33, 34, 59, 80, 81 and 82 applied by S.I. 1989/840, arts. 2, 10

C68 S. 28 amended by S.I. 1982/1496, reg. 10(1)

S. 28 extended (5.7.1994) by 1994 c. 19, ss. 39, 66(2)(b), Sch. 13 para. 20(e) (with ss. 54(5)(7), 55(5), Sch. 17 paras. 22(1), 23(2))

S. 28 restricted (15.11.2000) by S.I. 2000/2831, reg. 23(1)

C69 S. 28 amended by Local Government Act 1985 (c. 51, SIF 81:1), s. 57(7), Sch. 13 para. 13(f)

C70 Ss. 19-28 applied (with modifications) (1.1.1993) by S.I. 1992/3073, reg. 28, Sch. 6 para. 1(b)

C71 Ss. 19-28 modified (6.4.1992) by S.I. 1992/711, regs. 1(2), 28(3)(b)(5)(a)

C72 s. 28 applied (with modifications) (E.W.S.) (22.4.2005) by S.I. 2005/928, reg. 4(2)-(4)

C73 S. 28(7): Disclosure powers extended (14.12.2001) by 2001 c. 24, s. 17, Sch. 4 Pt. 1 para. 12