C36C37C38C39C40C41C42C43C44C45C46C47C48C49E4C50C51C52C53C54 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Pt. 1 (ss. 1–54) amended by S.I. 1989/1810, reg. 3 (which S.I. was revoked (1.2.1993) by S.I. 1992/3217, reg. 25).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
C11C12C13C14C15C16E2C6C17C18C19C8C20C21C22C55C56C57C5828 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 F55, other than the Office for Nuclear Regulation (or an inspector appointed by it), F19under section 27A above F2, 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,
F21ii
F24iii
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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;
F25f
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.
F74
In the preceding subsection, any reference to the Executive F57, the Office for Nuclear Regulation,, the Environment Agency, F52the 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 F58or 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)F62or, 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 F26any 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 F9. . . of the Executive F60, of the Office for Nuclear Regulation or F27of the Environment Agency F53or 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 F28body which is a local authority, F29. . . 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.
C9F30 6
References in subsections (3) and (5) above to a local authority include F12 . . . a joint authority established by Part IV of the Local Government Act 1985, F13 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 ActF63...F63...F14 and the London Fire and Emergency Planning Authority .
C237
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.
F319
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.
F329A
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.
F599B
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.
F3310
The Broads Authority and every National Park authority shall be deemed to be local authorities for the purposes of this section.
C24C25C26C27C28E3C29C30C31C32C8C20C33C34C55C56C5728 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 F55, other than the Office for Nuclear Regulation (or an inspector appointed by it), F34under section 27A above F2, 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,
F36ii
F39iii
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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;
F40f
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 F41or 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.
F74
In the preceding subsection, any reference to the Executive F57, the Office for Nuclear Regulation,, the Environment Agency, F52the 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 F58or 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) F62or, 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 F42any 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 F9. . . of the Executive F60, of the Office for Nuclear Regulation or F43 of the Environment Agency F53or 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
F44in the case of information given to an officer of a body which is a local authority, a water undertaker, F45or a sewerage undertaker or to an officer of Scottish Water, the purposes of the body F46authority, 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.
C9F47 6
References in subsections (3) and (5) above to a local authority include F12 . . . a joint authority established by Part IV of the Local Government Act 1985, F13 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 ActF63...F63...F14 and the London Fire and Emergency Planning Authority .
C357
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.
F489
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.
F499A
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 F50or 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.
F599B
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.
F5110
For the purposes of this section the Broads Authority shall be treated as a local authority.
C1C2C3C4C5E1C6C7C8C55C56C5728 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 F55, other than the Office for Nuclear Regulation (or an inspector appointed by it), F1under section 27A above F2, 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,
F4ii
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;
F6f
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.
F74
In the preceding subsection, any reference to the Executive F57, the Office for Nuclear Regulation, , the Environment Agency,F52the 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 F58or 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) F62or, 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 F8any 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 F9. . . of the Executive F60, 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 F10body 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.
C9F11 6
References in subsections (3) and (5) above to a local authority include F12 . . . a joint authority established by Part IV of the Local Government Act 1985, F13 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 ActF63...F63...F14 and the London Fire and Emergency Planning Authority .
C107
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.
F169
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.
F179A
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.
F599B
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.
F1810
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).