Part VI Miscellaneous and Supplementary
Supplementary
C274 Restriction on disclosure of information.
1
Subject to the following provisions of this section, no information with respect to any particular business which has been obtained under or by virtue of the provisions of this Act shall, so long as the business continues to be carried on, be disclosed without the consent of the person for the time being carrying it on.
C12
Subsection (1) does not apply to any disclosure of information which is made—
a
for the purpose of facilitating the performance of any functions under this Act or any of the enactments F1or subordinate legislation specified in subsection (3) of any Minister, any Northern Ireland department, the head of any such department, the CAA, the Commission, F19the Office of Fair TradingF24the Water Services Regulation AuthorityF2the Director General of Electricity SupplyF3the Director General of Electricity Supply for Northern IrelandF4or the Director General of Gas for Northern IrelandF5the F22Office of Rail Regulation or a local weights and measures authority in Great Britain;
b
in connection with the investigation of any criminal offence or for the purposes of any criminal proceedings;
c
for the purposes of any civil proceedings brought under or by virtue of this Act or any of the enactments F1or subordinate legislation specified in subsection (3);
d
in pursuance of any F29EU obligation.
3
The enactments F6and subordinate legislation referred to in subsection (2) are—
a
the M1Trade Descriptions Act 1968;
b
the M2Fair Trading Act 1973;
c
the M3Consumer Credit Act 1974;
F7d
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F7e
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
f
the M4Estate Agents Act 1979;
h
the 1982 Act and any Order in Council made under section 60 of that Act (Air Navigation Orders).
F27j
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F10k
F13ll
Part IV of the Airports (Northern Ireland) Order 1994;
F14m
the Electricity (Northern Ireland) Order 1992
F15mm
the Gas (Northern Ireland) Order 1996;
F16n
the Railways Act 1993
F26o
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F30p
the Competition Act 1998.
F17q
Part I of the Transport Act 2000.
F20r
the Enterprise Act 2002
F23s
the Railways Act 2005.
F25t
the Water and Sewerage Services (Northern Ireland) Order 2006.
F28u
the Business Protection from Misleading Marketing Regulations 2008;
v
the Consumer Protection from Unfair Trading Regulations 2008.
4
Nothing in subsection (1) shall be construed—
a
as limiting the matters which may be included in, or made public as part of, a report of the Commission under section 45; or
b
as applying to any information which has been made public as part of such a report.
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.
6
In this section “the Commission” means the F18Competition Commission.