Part VII Miscellaneous and Supplemental

Supplemental

C1101 General restrictions on disclosure of information.

1

Subject to the following provisions of this section, no information with respect to any particular business which—

a

has been obtained under or by virtue of the provisions of this Act F34(except Part 6); and

b

relates to the private affairs of any individual or to any particular business,

shall during the lifetime of that individual or so long as that business continues to be carried on, be disclosed without the consent of that individual or the person for the time being carrying on that business.

C22

Subsection (1) above does not apply to any disclosure of information which is made—

a

for the purpose of facilitating the performance of any functions assigned F1. . . to the Secretary of State F2or OFCOM by or under this Act (except functions assigned by or under Part 6);

b

for the purpose of facilitating the performance of any functions of any Minister, any Northern Ireland department, the head of any such department, F3the Office of Fair TradingF4, the CommissionF5; the Director General of Water ServicesF6the Director General of Electricity SupplyF7the Director General of Electricity Supply for Northern IrelandF8or the Director General of Gas for Northern IrelandF31the Rail RegulatorF9, OFCOMF10, the Civil Aviation Authority or a local weights and measures authority in Great Britain under any of the enactments F11or subordinate legislation specified in subsection (3) below;

F12bb

for the purpose of facilitating the carrying out by the Comptroller and Auditor General of any of his functions under any enactment;

c

in connection with the investigation of any criminal offence or for the purposes of any criminal proceedings;

d

for the purpose of any civil proceedings brought under or by virtue of this Act or any of the enactments F11or subordinate legislation specified in subsection (3) below; or

e

in pursuance of a Community obligation.

3

The enactments F13and subordinate legislation referred to in subsection (2) above are—

a

the Trade Descriptions Act 1968;

b

the 1973 Act;

c

the Consumer Credit Act 1974;

F14d

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F14e

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

f

the Estate Agents Act 1979; F15

g

the 1980 Act.

F16h

the Consumer Protection Act 1987.

F17i

the Consumer Protection (Northern Ireland) Order 1987.

F32i

the Control of Misleading Advertisements Regulations 1988

F18j

the Water Act 1989.

F19k

the Electricity Act 1989.

F20l

the Electricity (Northern Ireland) Order 1992.

F21ll

The Gas (Northern Ireland) Order 1996;

F23F22m

the Railways Act 1993

F23n

the Competition Act 1998

F24o

Part I of the Transport Act 2000.

F25p

the Enterprise Act 2002

F26q

the Communications Act 2003 (excluding the provisions of that Act which are enactments relating to the management of the radio spectrum within the meaning of that Act).

4

F33. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

5

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

a

on summary conviction, to a fine not exceeding the statutory maximum;

b

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

F276

Information obtained by F28OFCOM in the exercise of functions which are exercisable concurrently with F29the Office of Fair Trading under Part I of the Competition Act 1998 is subject to F30Part 9 of the Enterprise Act 2002 (Information) and not to subsections (1) to (5) of this section.