- Latest available (Revised)
- Point in Time (01/04/1999)
- Original (As enacted)
Version Superseded: 01/03/2000
Point in time view as at 01/04/1999. This version of this provision has been superseded.
You are viewing this legislation item as it stood at a particular point in time. A later version of this or provision, including subsequent changes and effects, supersedes this version.
Note the term provision is used to describe a definable element in a piece of legislation that has legislative effect – such as a Part, Chapter or section.
Railways Act 1993, Section 145 is up to date with all changes known to be in force on or before 17 August 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.
Changes and effects yet to be applied by the editorial team are only applicable when viewing the latest version or prospective version of legislation. They are therefore not accessible when viewing legislation as at a specific point in time. To view the ‘Changes to Legislation’ information for this provision return to the latest version view using the options provided in the ‘What Version’ box above.
(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 Act; 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 Regulator, the Franchising Director or the [F1Competition Commission] of any of his or, as the case may be, their functions under this Act;
(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 [F1Competition Commission],
(iv)the Director General of Telecommunications,
(v)the Director General of Gas Supply,
(vi)the Director General of Water Supply,
(vii)the Director General of Electricity Supply,
(viii)the Civil Aviation Authority,
(ix)the Insolvency Practitioners Tribunal, 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 or the Treasury to exercise any powers conferred by the M1Financial 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 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 M2Insolvency Act 1986 to carry out its functions as such;
(e)for the purpose of facilitating the carrying out by the Health and Safety Commission or the Health and Safety Executive of any of its functions under any enactment or of facilitating the carrying out by any enforcing authority, within the meaning of Part I of the M3Health and Safety at Work etc. Act 1974, of any functions under a relevant statutory provision, within the meaning of that Act;
(f)for the purpose of facilitating the carrying out by the Comptroller and Auditor General of any of his functions under any enactment;
(g)for the purpose of facilitating the carrying out by the International Rail Regulator of any of his functions under any subordinate legislation made for the purpose of implementing the Directive 91/440/EEC of the Council of the European Communities dated 29th July 1991 on the development of the Community’s railways [F2or Council Directive 95/18/EC on the licensing of railway undertakings or Council Directive 95/19/EC on the allocation of railway infrastructure capacity and the charging of infrastructre fees];
(h)in connection with the investigation of any criminal offence or for the purposes of any criminal proceedings;
(j)for the purposes of any civil proceedings brought under or by virtue of this Act or any of the enactments or instruments specified in subsection (3) below; or
(k)in pursuance of a Community obligation.
(3)The enactments and instruments referred to in subsection (2) above are—
(a)the M4Trade Descriptions Act 1968;
(b)the M5Fair Trading Act 1973;
(c)the M6Consumer Credit Act 1974;
(d)the M7Restrictive Trade Practices Act 1976;
(e)the M8Resale Prices Act 1976;
(f)the M9Estate Agents Act 1979;
(g)the M10Competition Act 1980;
(h)the M11Telecommunications Act 1984;
(j)the M12Airports Act 1986;
(k)the M13Gas Act 1986;
(l)the M14Insolvency Act 1986;
(m)the M15Consumer Protection Act 1987;
(n)the M16Electricity Act 1989;
(o)the M17Property Misdescriptions Act 1991;
(p)the M18Water Industry Act 1991;
(q)the M19Water Resources Act 1991;
[F3(qq)the Competition Act 1998.]
(r)any subordinate legislation made for the purpose of securing compliance with the Directive 84/450/EEC. of the Council of the European Communities dated 10th September 1984 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 71 above or may be included in, or made public as part of, a report of the Regulator, the Franchising Director, the [F1Competition Commission], the Central Committee or a consultative committee under any provision of Part I above;
(b)as applying to any information—
(i)which has been so published or has been made public as part of such a report; or
(ii)which has otherwise 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 precluded by this section.
(6)Any person who discloses any information in contravention of this section is guilty of an offence and 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.
(7)In this section—
“the Central Committee” has the same meaning as in Part I above;
“consultative committee” has the same meaning as in Part I above and includes a reference to the London Regional Passengers’ Committee.
Textual Amendments
F1Words in s. 145(2)(a)(b)(iii)(5)(a) substituted (1.4.1999) by S.I. 1999/506, art. 33(b)
F2Words in s. 145(2)(g) inserted (27.6.1998) by S.I. 1998/1340, reg. 21(10)
F3S. 145(3)(qq) inserted (11.1.1999) by 1998 c. 41, ss. 66(5), Sch. 10 Pt. IV para. 15(9)(b) (with s. 73); S.I. 1998/3166, art. 2, Sch.
Commencement Information
I1S. 145 wholly in force at 1.4.1994; s. 145 not in force at Royal Assent see s. 154(2); s. 145(1)-(6) (except for the purposes of subsections 5(a) and 5(b)(i)) in force at 24.12.1993 by S.I. 1993/3237, art. 2(1); s. 145 in force at 1.4.1994 insofar as not already in force by S.I. 1994/571, art. 5
Marginal Citations
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Point in Time: This becomes available after navigating to view revised legislation as it stood at a certain point in time via Advanced Features > Show Timeline of Changes or via a point in time advanced search.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: