Electricity Act 1989

57 General restrictions on disclosure of information. E+W+S

(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 any of the provisions of this Part; and

(b) relates to the 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.

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

(a) for the purpose of facilitating the carrying out by the Secretary of State, the Director or the Monopolies Commission of any of his or, as the case may be, their functions under this Part;

[F1 (aa) for the purpose of enabling a licence holder to comply with a condition of his licence under or by virtue of which he is required to disclose the information to another licence holder;.]

(b) for the purpose of facilitating the carrying out by—

(i) any Minister of the Crown;

(ii) the Director General of Fair Trading;

(iii) the Monopolies Commission;

(iv) the Comptroller and Auditor General;

(v) the Director General of Telecommunications;

(vi) the Director General of Gas Supply;

(vii) the Director General of Water Supply;

[F2 (viia) the Rail Regulator;]

[F3 (viib) the Director General of Electricity Supply for Northern Ireland;]

(viii) the Civil Aviation Authority;

(ix) the Insolvency Practitioners Tribunal; F4 . . .

[F5 (ixa) the Coal Authority; or]

(x) a local weights and measures authority in Great Britain,

of any of his or, as the case may be, their functions under any of the enactments or instruments specified in subsection (3) below;

(c) for the purpose of enabling or assisting the Secretary of State to exercise any powers conferred on him by the M1 Financial Services Act 1986 or by the enactments relating to companies, insurance companies or insolvency or for the purpose of enabling or assisting any inspector appointed by him under the enactments relating to companies to carry out his functions;

(d) for the purpose of enabling or assisting an official receiver to carry out his functions under the enactments relating to insolvency or for the purpose of enabling or assisting a recognised professional body for the purposes of section 391 of the M2 Insolvency Act 1986 to carry out its functions as such;

(e) for the purpose of facilitating the carrying out by the Health and Safety Executive of any of their functions under any enactment;

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

(g) for the purposes of any civil proceedings brought under or by virtue of this Part or any of the enactments or instruments specified in subsection (3) below; or

(h) in pursuance of a Community obligation.

(3) The enactments and instruments referred to in subsection (2) above are—

(a) the M3 Trade Descriptions Act 1968;

(b) the 1973 Act;

(c) the M4 Consumer Credit Act 1974;

(d) the M5 Restrictive Trade Practices Act 1976;

(e) the M6 Resale Prices Act 1976;

(f) the M7 Estate Agents Act 1979;

(g) the 1980 Act;

(h) the M8 National Audit Act 1983;

(i) the M9 Telecommunications Act 1984;

(j) the M10 Airports Act 1986;

(k) the M11 Gas Act 1986;

(l) the Insolvency Act 1986;

(m) the M12 Consumer Protection Act 1987;

(n) the M13 Water Act 1989 [F6 the Water Industry Act 1991 or any of the other consolidation Acts (within the meaning of section 206 of that Act of 1991)];

[F7 (nn) the Railways Act 1993]

[[F8 F9 (no)]] the Coal Industry Act 1994;

[F10 (nop) the Competition Act 1998]

[F11 (np) the Electricity (Northern Ireland) Order 1992 F12 ]

(o) any subordinate legislation made for the purpose of securing compliance with the Directive of the Council of the European Communities dated 10th September 1984 (No. 84/450/EEC) on the approximation of the laws, regulations and administrative provisions of the member States concerning misleading advertising.

(4) The Secretary of State may by order provide that subsections (2) and (3) above shall have effect subject to such modifications as are specified in the order.

(5) Nothing in subsection (1) above shall be construed—

(a) as limiting the matters which may be published under section 42 or 48 above or may be included in, or made public as part of, a report of the Director, the Monopolies Commission or a consumers’ committee under any provision of this Part; or

(b) as applying to any information which has been so published or has been made public as part of such a report.

(6) Any person who discloses any information in contravention of this section shall be 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.

Textual Amendments

F1 S. 57(2)(aa) inserted (1.12.1996) by S.I. 1996/2716, art. 2

F2 S. 57(2)(b)(viia) inserted (6. 1. 1994) by 1993 c. 43, ss. 150(1)(o), 152, Sch. 12 para. 28(1); S.I. 1993/3237, art. 2(2)

F3 S. 57(2)(b)(viib) inserted (1.10.1995) by S.I. 1995/2356, art. 2(1)

F4 Word in s. 57(2)(b)(ix) repealed (31.10.1994) by 1994 c. 21, s. 67(8), Sch. 11 Pt. III (with s. 40(7)); S.I. 1994/2552, art. 2, Sch. 1

F5 S. 57(2)(b)(ixa) inserted (31.10.1994) by 1994 c. 21, s. 67(1), Sch. 9 para. 38(1) (with s. 40(7)); S.I. 1994/2553, art. 2

F6 Words in s. 57(3)(n) inserted (E.W.) (01.12.1991) by Water Consolidation (Consequential Provisions) Act 1991 (c. 60, SIF 130), ss. 2(1), 4(2), Sch. 1 para. 51(1).

F7 S. 57(3)(nn) added (6. 1. 1994) by 1993 c. 43, ss. 150(1)(o), 152, Sch. 12, para. 28(2); S.I. 1993/3237, art. 2(2)

F8 S. 57(3)(nnn) renumbered as (no) (1.10.1995) by S.I. 1995/2356, art. 2(2)(a)

F9 S. 57(3)(nnn) inserted (31.10.1994) by 1994 c. 21, s. 67(1), Sch. 9 para. 38(1)(2) (with s. 40(7)); S.I. 1994/2553, art. 2

F10 S. 57(3)(nop) inserted (11.1.1999) by 1998 c. 41, ss. 54, 66(5), Sch. 10 Pt. IV para. 12(7)(b) (with s. 73); S.I. 1998/3166, art. 2, Sch.

F11 S. 57(3)(np) inserted (1.10.1995) by S.I. 1995/2356, art. 2(2)(b)

F12 S.I. 1992/231 (N.I. 1); the only relevant amending instrument is S.I. 1992/1720 (N.I. 13).

Marginal Citations

M1 1986 c. 60.

M2 1986 c. 45.

M3 1968 c. 29.

M4 1974 c. 39.

M5 1976 c. 34.

M6 1976 c. 53.

M7 1979 c. 38.

M8 1983 c. 44.

M9 1984 c. 12.

M10 1986 c. 31.

M11 1986 c. 44.

M12 1987 c. 43.

M13 1989 c. 15.