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Gas Act 1986
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- UK Public General Acts
- 1986 c. 44
- Part III
- Section 63
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Version Superseded: 01/03/1996
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- 01/02/1991- Amendment
- 01/01/1993
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63 Restrictions on use of certain information.U.K.
(1)On granting an authorisation to any person under section 7 above the Secretary of State may give to that person such directions as appear to the Secretary of State to be requisite or expedient for the purpose of securing that, where any information is or has been furnished to that person or an associate of his by any other person in the course of any relevant negotiations, neither the person to whom the information is or has been furnished nor any associate of his obtains any unfair commercial advantage from his possession of the information.
(2)For the purposes of any directions given to any person under this section “relevant negotiations ” means any negotiations for an agreement for the supply to that person of gas won under the authority of a petroleum production licence.
(3)As soon as practicable after giving any directions under this section, the Secretary of State shall publish a copy of the directions in such manner as he considers appropriate for the purpose of bringing the directions to the attention of persons likely to be affected by a contravention of them.
(4)The obligation to comply with any directions under this section is a duty owed to any person who may be affected by a contravention of them.
(5)Where a duty is owed by virtue of subsection (4) above to any person any breach of the duty which causes that person to sustain loss or damage shall be actionable at the suit or instance of that person.
(6)In any proceedings brought against any person in pursuance of subsection (5) above, it shall be a defence for him to prove that he took all reasonable steps and exercised all due diligence to avoid contravening the directions.
(7)Without prejudice to any right which any person may have by virtue of subsection (5) above to bring civil proceedings in respect of any contravention or apprehended contravention of any directions under this section, compliance with any such directions shall be enforceable by civil proceedings by the Secretary of State for an injunction or interdict or for any other appropriate relief.
(8)Directions given to any person under this section shall not be revoked or varied except with the consent of that person.
(9)For the purposes of this section a person is an associate of another if he and that other are connected with each other within the meaning of section [F1839 of the Income and Corporation Taxes Act 1988].
(10)In this section “gas ” and “petroleum production licence ” have the same meanings as in section 62 above.
Textual Amendments
F1Words substituted by Income and Corporation Taxes Act 1988 (c. 1, SIF 63:1), ss. 843, 844, Sch. 29 Table
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