C52C53C54C55C56C57C58C59C60C61C62C63C64C65E4C66C67C68C69C70 Part I Health, Safety and Welfare in connection with Work, and Control of Dangerous Substances and Certain Emissions into the Atmosphere
Pt. 1 (ss. 1–54) extended by S.I. 1981/1011, reg. 9; and by S.I. 1983/1919, reg. 3
Pt. 1 (ss. 1-54) modified (E.W.S.) (1.2.1996) by 1995 c. 25, s. 5(5)(b) (with ss. 115, 117); S.I. 1996/186, art. 2
Pt. 1 (ss. 1-54) modified (E.W.S.) (1.4.1996) by 1995 c. 25, s. 33(5)(c) (with s. 7(6), 115, 117); S.I. 1996/186, art. 3
Pt. 1 (ss. 1-54) amended (E.W.S.) (1.4.1996) by 1995 c. 25, s. 120(1), Sch. 22 para. 30(2) (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3
Pt. 1 (ss. 1-54) amended (E.W.S.) (1.3.1996) by 1995 c. 45, s. 16(1), Sch. 4 para. 10(1)(a)(3); S.I. 1996/218, art. 2
Pt. 1 (ss. 1–54) extended by Gas Act 1986 (c. 44, SIF 44:2), ss. 18, 48(3)(4)
Pt. 1 (ss. 1–54) applied by Gas Act 1986 (c. 44, SIF 44:2), s. 67(3), Sch. 8 para. 6(2)
Pt. 1 (ss. 1–54) amended by Consumer Protection Act 1987 (c. 43, SIF 109:1), s. 36
Pt. 1 (ss. 1–54) amended by S.I. 1988/1222, regs. 3, 4
Pt. 1 (ss. 1–54) extended by S.I. 1989/1671, reg. 4
Pt. 1 (ss. 1–54) amended by S.I. 1989/1810, reg. 3 (which S.I. was revoked (1.2.1993) by S.I. 1992/3217, reg. 25).
Pt. 1 (ss. 1–54) amended by S.I. 1990/1380, reg. 3
Pt. 1 (ss. 1-54) saved by Highland Regional Council (Harbours) Order Confirmation Act (c. xii), s. 1, Sch. s. 61(1)(f)
Pt. 1 (ss. 1-54) definition applied (E.W.) (1.12.1991) by Water Industry Act 1991 (c. 56, SIF 130), ss. 206(3)(g), 223(2)
Pt. 1 (ss. 1-54) saved by London Underground (Safety Measures) Act 1991 (c. xviii), s. 11(2)
Pt. 1 (ss. 1-54) saved by City of Edinburgh District Council Order Confirmation Act 1991 (c. xix), s. 1, Sch. 1 Pt. XII para. 67(2)
Pt. 1 extended by S.I. 1978/752, reg. 3
Pt. 1 (ss. 1-54): transfer of functions (E.W.) (1.4.1996) by 1995 c. 25, s. 2(1)(g)(2)(c) (with ss. 115, 117); S.I. 1996/186, art. 3
Pt. 1 (ss. 1-54): transfer of functions (S.) (12.10.1995) by 1995 c. 25, s. 21(1)(g) (with ss. 7(6), 115, 117); S.I. 1995/2649, art. 2
Pt. 1 (ss. 1-54): transfer of functions (E.W.S.) (12.10.1995) by 1995 c. 25, s. 21(2)(a) (with ss. 7(6), 115, 117); S.I. 1995/2649, art. 2
Pt. 1 (ss. 1-54) extended (E.W.S.) (6.3.1992) by Offshore Safety Act 1992 (c. 15), S. 1(1)
Pt. 1 (ss. 1-54) amended (E.W.S.) (6.3.1992) by Offshore Safety Act 1992 (c. 15), s. 1(1)
Pt. 1 (ss. 1-54) amended (E.W.S.) (2.2.1994) by 1993 c. 43, s. 117(1)(6), 150(1)(e); S.I. 1994/202, art. 2
Pt. 1 (ss. 1-54) extended (E.W.S.) (1.2.1993) by S.I. 1992/3217, reg. 4
Pt. 1 (ss. 1-54) modified (E.W.S.) (1.1.1993) by S.I. 1992/2051, reg. 16(2)
Pt. 1 (ss. 1-54) extended (E.W.S.) (6.3.1992) by Offshore Safety Act 1992 (c. 15), s. 2(1)
Pt. 1 (ss. 1-54) extended (E.W.S.) (2.2.1994) by 1993 c. 43, ss. 117(2)(6), 150(1)(e); S.I. 1994/202, art. 2
Pt. 1 (ss. 1-54) applied (with modifications) (14.4.1999) by S.I. 1999/860, reg. 2
Pt. 1 (ss. 1-54) applied (1.7.1999) by S.I. 1999/1517, reg. 12(3), Sch. 4 para. 12(3)(c)
Pt. 1: functions of local authority not to be responsibility of an executive of the authority (E.) (16.11.2000) by virtue of S.I. 2000/2853, reg. 2(1), Sch. 1 Table C
Pt. 1 restricted (S.) (1.10.2006) by 2005 asp 5, ss. 70, 90; S.I. 2006/458, art. 2 (subject to art. 3)
Pt. 1 modified (prosp.) by Energy Act 2008 (c. 32), ss. 99(1), 110
Pt. 1: power to repeal or modify conferred (prosp.) by Energy Act 2008 (c. 32), ss. 99(1)(2), 110
Obtaining and disclosure of information
C1C2C3C4C5C6C7C8C71C73C7427 Obtaining of information by the Commission, the Executive, enforcing authorities etc.
C91
For the purpose of obtaining—
a
any information which F1the Executive needs for the discharge of its functions; or
b
any information which an enforcing authority F75other than the Office for Nuclear Regulation needs for the discharge of the authority’s functions,
F1the Executive may, with the consent of the Secretary of State, serve on any person a notice requiring that person to furnish to F1the 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 M1Statistics 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 F2. . . 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; F3. . .
F3b
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F43
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 F5. . . of the Executive.
C71C10C11C12C13C14C15C16C73C74F7 27A F6Information communicated by Commissioners for Revenue and Customs.
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, F8the Commissioners for Her Majesty’s Revenue and Customs may authorise the disclosure to that person of any information obtained F9or held for the purposes of the exercise F10by 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 F76, 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 F11the Commissioners for Her Majesty’s Revenue and Customsand 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.
C27C28C29C30C31C32E2C22C33C34C35C24C36C37C38C71C72C73C7428 Restrictions on disclosure of information.
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 F67, other than the Office for Nuclear Regulation (or an inspector appointed by it), F31under section 27A above F13, by virtue of section 43A(6) belowor 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
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,
F33ii
F36iii
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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;
F37f
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.
F184
In the preceding subsection, any reference to the Executive F69, the Office for Nuclear Regulation,, the Environment Agency, F64the 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 F70or the Office for Nuclear Regulation , includes a reference to—
a
b
an officer of a body which is so performing any such functions; and
c
an adviser appointed under section 13(7)F74or, 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 F38any 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 F20. . . of the Executive F72, of the Office for Nuclear Regulation or F39of the Environment Agency F65or of the Natural Resources Body for Walesor of the Scottish Environment Protection Agency orof 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 F40body which is a local authority, F41. . . 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.
C25F42 6
References in subsections (3) and (5) above to a local authority include F23 . . . a joint authority established by Part IV of the Local Government Act 1985, F24 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, F25 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) F26 and the London Fire and Emergency Planning Authority .
C397
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
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.
F439
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.
F449A
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.
F719B
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.
F4510
The Broads Authority and every National Park authority shall be deemed to be local authorities for the purposes of this section.
C40C41C42C43C44E3C45C46C47C48C24C36C49C50C71C72C7328 Restrictions on disclosure of information.
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 F67, other than the Office for Nuclear Regulation (or an inspector appointed by it), F46under section 27A above F13, 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
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,
F48ii
F51iii
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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;
F52f
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 F53or 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.
F184
In the preceding subsection, any reference to the Executive F69, the Office for Nuclear Regulation,, the Environment Agency, F64the 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 F70or the Office for Nuclear Regulation , includes a reference to—
a
b
an officer of a body which is so performing any such functions; and
c
an adviser appointed under section 13(7) F74or, 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 F54any 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 F20. . . of the Executive F72, of the Office for Nuclear Regulation or F55 of the Environment Agency F65or of the Natural Resources Body for Walesor 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
F56in the case of information given to an officer of a body which is a local authority, a water undertaker, F57or a sewerage undertaker or to an officer of Scottish Water, the purposes of the body F58authority, 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.
C25F59 6
References in subsections (3) and (5) above to a local authority include F23 . . . a joint authority established by Part IV of the Local Government Act 1985, F24 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, F25 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) F26 and the London Fire and Emergency Planning Authority .
C517
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
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.
F609
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.
F619A
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 F62or 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.
F719B
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.
F6310
For the purposes of this section the Broads Authority shall be treated as a local authority.
C17C18C19C20C21E1C22C23C24C71C72C7328 Restrictions on disclosure of information.
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 F67, other than the Office for Nuclear Regulation (or an inspector appointed by it), F12under section 27A above F13, by virtue of section 43A(6) belowor 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
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,
F15ii
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;
F17f
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.
F184
In the preceding subsection, any reference to the Executive F69, the Office for Nuclear Regulation, , the Environment Agency,F64the 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 F70or the Office for Nuclear Regulation , includes a reference to—
a
b
an officer of a body which is so performing any such functions; and
c
an adviser appointed under section 13(7) F74or, 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 F19any 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 F20. . . of the Executive F72, 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 F21body 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.
C25F22 6
References in subsections (3) and (5) above to a local authority include F23 . . . a joint authority established by Part IV of the Local Government Act 1985, F24 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, F25 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) F26 and the London Fire and Emergency Planning Authority .
C267
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
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.
F289
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.
F299A
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.
F719B
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.
F3010
For the purposes of this section the Broads Authority shall be treated as a local authority.
For the application of Pt. I to Northern Ireland see s. 84(1).