(1)Subject to subsection (4) below, no information which relates to a particular person and has been furnished to the CAA in pursuance of any provision of this Act to which this section applies or of an Air Navigation Order shall be disclosed by the CAA, or a member or employee of the CAA unless—
(a)the person aforesaid has consented in writing to disclosure of the information; or
(b)the CAA, after affording that person an opportunity to make representations about the information and considering any representation then made by that person about it, determines that the information may be disclosed; or
(c)that person is an individual who is dead, or is a body corporate that has ceased to exist or, whether an individual or a body corporate, cannot be found after all reasonable inquiries have been made, and the CAA determines that the information may be disclosed; or
(d)the CAA determines that the information is of the same kind as other information as respects which it has made a determination in pursuance of paragraph (b) or (c) above.
(2)Subsection (1) above shall apply in relation to the disclosure by an officer of the Secretary of State of information furnished to the Secretary of State in pursuance of any provision of this Act to which this section applies or of an Air Navigation Order as it applies in relation to disclosure by the CAA or a member or employee of the CAA of information so furnished to the CAA, but with the substitution for references to the CAA in paragraphs (b) to (d) of references to the Secretary of State.
(3)For the purposes of subsection (1) above, all reasonable inquiries to find a body corporate shall be deemed to have been made if—
(a)in the case of a company within the meaning of the [Companies Act 1985] or the [Companies (Northern Ireland) Order 1986], inquiries have been made at its registered office; or
(b)in the case of a company incorporated outside the United Kingdom and having a place of business within the United Kingdom, inquiries have been [F1made—
(i)at every address registered in respect of that company for the purposes of section 691(1)(b)(ii) of the said Act of 1985 or, as the case may be, at every address for service registered in respect of a branch of that company under Schedule 21A to that Act, and
(ii)at every address registered in respect of that company for the purposes of Article 641(1)(b)(ii) of the said Order of 1986 or, as the case may be, at every address for service registered in respect of a branch of that company under Schedule 20A to that Order.]
(4)Nothing in subsection (1) above prohibits the disclosure of any information—
(a)by the CAA or a member or employee of the CAA to the Secretary of State or an officer of his or, with the consent of the Secretary of State, to an international organisation of which the United Kingdom is a member;
(b)by an officer of the Secretary of State to the CAA or a member or employee of the CAA or to such an organisation or, in accordance with directions given by the Secretary of State—
(i)to an officer of any government department; or
(ii)in connection with negotiations conducted by officers of the Secretary of State with representatives of the government of any country or territory outside the United Kingdom; or
(iii)in connection with the discharge of any obligation of the United Kingdom under international arrangements;
(c)to a person to whom the information in question is required to be disclosed by regulations made in pursuance of section 7(2) above;
(d)in pursuance of section 67(2) or (4) below;
(e)by the CAA for the purpose of complying with any duty imposed on it by section 85(1) below;
(f)with a view to the institution of, or otherwise for the purposes of, any criminal proceedings arising out of any enactment relating to civil aviation or for the purposes of any investigation undertaken in pursuance of regulations made by virtue of section 75 below.
(5)If the CAA or a member or employee of the CAA or an officer of the Secretary of State discloses any information in contravention of subsection (1) above, it or he shall be liable—
(a)on summary conviction, to a fine not exceeding the statutory maximum; and
(b)on conviction on indictment, to a fine or, except in the case of the CAA, to imprisonment for a term not exceeding two years or to both.
(6)This section applies to the following provisions of this Act, that is to say, sections 16, 17, [F2and 28], section 36 (so far only as it relates to aerodromes owned or managed by the CAA) sections 64 to 72 (except section 69), sections 78 to 80 and sections 84 and 85.
Textual Amendments
F1Words in s. 23(3)(b) substituted (E.W.S.) (1.1.1993) by virtue of S.I. 1992/3179, reg. 4, Sch. 3 para. 1 and (N.I.) (8.6.1993) by S.R. 1993/198, reg. 4, Sch. 3 para.1.
F2Words substituted by Airports Act 1986 (c. 31, SIF 9), s. 83(1), Sch. 4 para. 8(1)
Modifications etc. (not altering text)
C1S. 23(1) modified (16.2.2004) by The Aviation Safety Regulations 2004 (S.I. 2004/77), reg. 2(7)