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- Point in Time (22/07/2004)
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No longer has effect: 31/03/2009
Courts and Legal Services Act 1990, Section 49 is up to date with all changes known to be in force on or before 02 September 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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Prospective
(1)Subject to section 50, restricted information which relates to the business or other affairs of any person shall not be disclosed—
(a)by the Board or any member of its staff;
(b)by any person appointed as an investigator under section 48 or any officer or servant of his; or
(c)by any person obtaining it directly or indirectly from a person mentioned in paragraph (a) or (b),
without the consent of the person from whom it was obtained and, if they are different, the person to whom it relates.
(2)Subject to subsection (3), information is restricted information for the purposes of this section if it was obtained (whether or not in response to any requirement that it be provided) for the purposes of, or in the discharge of functions under, any provision made by or under this Act.
(3)Information shall not be treated as restricted information for the purposes of this section if it has been made available to the public by virtue of being disclosed in any circumstances in which, or for any purpose for which, disclosure is not prevented by this section.
(4)Any person who contravenes this section shall be guilty of an offence and liable—
(a)on conviction on indictment, to imprisonment for a term not exceeding two years or to a fine or to both;
(b)on summary conviction, to a fine not exceeding the statutory maximum.
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