Railways Act 1993

145 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 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, [F1 the Scottish Ministers,][F2 the Office of Rail Regulation] , F3 . . . or the [F4 Competition Commission]of any of his or, as the case may be, their functions under this Act [F5 , the Transport Act 2000 or the Railways Act 2005] ;

[F6 (aa) for the purpose of facilitating the carrying out or carrying on by the Secretary of State or the Scottish Ministers of any other functions or activities of his or theirs in relation to railways or railway services;]

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

(i) any Minister of the Crown,

F7 [(ii) the Office of Fair Trading;,]

(iii) the [F4 Competition Commission],

[F8 (iv) the Office of Communications,]

(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;

[F9 (c) for the purpose of enabling or assisting the Secretary of State, the Treasury or the Financial Services Authority to exercise any powers conferred by or under the Financial Services and Markets Act 2000 or by the enactments relating to companies or insolvency;

(ca) for the purpose of enabling or assisting any inspector appointed under 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 M1 Insolvency Act 1986 to carry out its functions as such;

(e) for the purpose of facilitating the carrying out by F10 ... 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 M2 Health 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) F11 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F12 (ga) for the purpose of facilitating the carrying out by the Office of Rail Regulation of any of its functions under any instrument made for the purpose of implementing Council Directive 95/18/EC dated 19th June 1995 on the licensing of railway undertakings, as amended by Directive 2001/13/EC dated 26th February 2001 and Directive 2004/49/EC dated 29th April 2004, both of the European Parliament and of the Council;]

[F13 (gb) for the purpose of facilitating the carrying out by the Office of Rail Regulation of any of its functions under any instrument made for the purpose of implementing Council Directive 91/440/EEC dated 29 July 1991 on the development of the Community's railways, as amended by Directive 2001/12/EC dated 26 February 2001 and Directive 2004/51/EC dated 29 April 2004, both of the European Parliament and of the Council, and Directive 2001/14/EC dated 26 February 2001 on the allocation of railway infrastructure capacity and the levying of charges for the use of railway infrastructure, as amended by Directive 2004/49/EC dated 29 April 2004 on safety on the Community's railways, both of the European Parliament and of the Council;]

(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 M3 Trade Descriptions Act 1968;

(b) the M4 Fair Trading Act 1973;

(c) the M5 Consumer Credit Act 1974;

F14 (d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F14 (e) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(f) the M6 Estate Agents Act 1979;

(g) the M7 Competition Act 1980;

(h) the M8 Telecommunications Act 1984;

(j) the M9 Airports Act 1986;

(k) the M10 Gas Act 1986;

(l) the M11 Insolvency Act 1986;

(m) the M12 Consumer Protection Act 1987;

(n) the M13 Electricity Act 1989;

(o) the M14 Property Misdescriptions Act 1991;

(p) the M15 Water Industry Act 1991;

(q) the M16 Water Resources Act 1991;

[F15 (qq) the Competition Act 1998.]

[F16 (qr) Part I of the Transport Act 2000;]

[F17 (qs) the Enterprise Act 2002;]

[F18 (qt) the Communications Act 2003;]

[F19 (qu) any subordinate legislation made for the purpose of securing compliance with Directive 2005/29/EC of the European Parliament and of the Council of 11 May 2005 concerning unfair business-to-consumer commercial practices in the internal market]

[F20 (r) any subordinate legislation made for the purpose of securing compliance with Directive 2006/114/EC of the European Parliament and of the Council of 12 December 2006 concerning misleading and comparative 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 [F2 the Office of Rail Regulation] , F3 . . . , the [F4 Competition Commission], [F21 or the Rail Passengers' Council] 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.

[F22 (5A) Subsection (1) above does not prevent the transfer of records in accordance with section 3(4) of the M17 Public Records Act 1958.]

(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.

[F23 (6A) Information obtained by the Regulator in the exercise of functions which are exercisable concurrently with [F24 the Office of Fair Trading] under Part I of the Competition Act 1998 is subject to [F25 Part 9 of the Enterprise Act 2002 (Information)] (disclosure) and not to subsections (1) to (6) of this section.]

(7) F26 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F1 Words in s. 145(2)(a) inserted (8.6.2005) by Railways Act 2005 (c. 14), ss. 54, 60, Sch. 11 para. 16(1)(a)(i); S.I. 2005/1444, art. 2(1), Sch. 1

F2 Words in s. 145 substituted (5.7.2004) by Railways and Transport Safety Act 2003 (c. 20), ss. 16, 120, {Sch. 2 para. 3(a) Table}; S.I. 2004/827, art. 4(g)

F3 Words in s. 145 repealed (1.12.2006) by Railways Act 2005 (c. 14), ss. 59, 60, Sch. 13 Pt. 1 (with s. 14(4)(5), Sch. 11 para. 11(2)); S.I. 2006/2911, art. 2, Sch. (subject to the transitional and saving provisions in arts. 3-7)

F4 Words in s. 145(2)(a)(b)(iii)(5)(a) substituted (1.4.1999) by S.I. 1999/506, art. 33(b)

F5 Words in s. 145(2)(a) substituted (8.6.2005) by Railways Act 2005 (c. 14), ss. 54, 60, Sch. 11 para. 16(1)(a)(ii); S.I. 2005/1444, art. 2(1), Sch. 1

F6 S. 145(2)(aa) inserted (8.6.2005) by Railways Act 2005 (c. 14), ss. 54, 60, Sch. 11 para. 16(1)(b); S.I. 2005/1444, art. 2(1), Sch. 1

F7 S. 145(2)(b)(ii) substituted (1.4.2003) by 2002 c. 40, ss. 278, 279, Sch. 25 para. 30(14)(a); S.I 2003/766, {art. 2}, Sch. (with transitional and transitory provision in art. 3)

F8 S.145(2)(b)(iv) substituted (25.7.2003 for certain purposes and 29.12.2003 in so far as not already in force) by Communications Act 2003 (c. 21) , ss. 406, 411(2)(3), {Sch. 17 para. 127(2)} (with transitional provisions in Sch. 18); S.I. 2003/1900, art. 2(1), Sch. 1; S.I. 2003/3142, art. 3

F9 S. 145(2)(c)(ca) substituted (1.12.2001) for s. 145(2)(c) by S.I. 2001/3649, arts. 1, 343

F10 Words in s. 145(2)(e) omitted (1.4.2008) by virtue of The Legislative Reform (Health and Safety Executive) Order 2008 (S.I. 2008/960), art. 1, Sch. 3 (with art. 21, Sch. 2)

F11 S. 145(2)(g) omitted (28.11.2005) by virtue of The Railways Infrastructure (Access and Management) Regulations 2005 (S.I. 2005/3049), reg. 2(4), Sch. 1 para. 4(e)(i)

F12 S. 145(ga) inserted (28.11.2005) by The Railway (Licensing of Railway Undertakings) Regulations 2005 (S.I. 2005/3050), reg. 3, Sch. 1 para. 3(9)

F13 S. 145(gb) inserted (28.11.2005) by The Railways Infrastructure (Access and Management) Regulations 2005 (S.I. 2005/3049), reg. 2(4), Sch. 1 para. 4(e)(ii)

F14 S. 145(3)(d)(e) repealed (1.3.2000) by 1998 c. 41, ss. 66(5), 74(3), Sch. 10 Pt. IV para. 15(9)(a), Sch. 14 Pt. I (with s. 73); S.I. 2000/344, art. 2, Sch.

F15 S. 145(3)(qq) inserted (11.1.1999) by 1998 c. 41, s. 66(5), Sch. 10 Pt. IV para. 15(9)(b) (with s. 73); S.I. 1998/3166, art. 2, Sch.

F16 S. 145(3)(qr) inserted (21.12.2001) by S.I. 2001/4050, art. 2, Sch. Pt. IV para. 23

F17 S. 145(3)(qs) inserted (1.4.2003) by 2002 c. 40, ss. 278, 279, Sch. 25 para. 30(14)(b); S.I 2003/766, {art. 2}, Sch. (with transitional and transitory provision in art. 3)

F18 S.145(3)(qt) inserted (25.7.2003 for certain purposes and 29.12.2003 in so far as not already in force) by Communications Act 2003 (c. 21) , ss. 406, 411(2)(3), {Sch. 17 para. 127(3)} (with transitional provisions in Sch. 18); S.I. 2003/1900, art. 2(1), Sch. 1; S.I. 2003/3142, art. 3

F19 S. 145(3)(qu) inserted (26.5.2008) by The Consumer Protection from Unfair Trading Regulations 2008 (S.I. 2008/1277), reg. 1, Sch. 2 para. 52(a) (with reg. 28(2)(3))

F20 S. 145(3)(r) substituted (26.5.2008) by The Consumer Protection from Unfair Trading Regulations 2008 (S.I. 2008/1277), reg. 1, Sch. 2 para. 52(b) (with reg. 28(2)(3))

F21 Words in s. 145(5) substituted (24.7.2005) by Railways Act 2005 (c. 14), ss. 54, 60, Sch. 11 para. 16(2); S.I. 2005/1909 {art. 2}, Sch.

F22 S. 145(5A) inserted (1.2.2001) by 2000 c. 38, s. 252, Sch. 27 para. 41(3); S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to savings and transitional provisions in Sch. 2 Pt. II)

F23 S. 145(6A) inserted (1.3.2000) by 1998 c. 41, ss. 66(5), Sch. 10 Pt. IV para. 15(10) (with s. 73); S.I. 2000/344, art. 2, Sch.

F24 Words in s. 145(6A) substituted (1.4.2003) by 2002 c. 40, ss. 278, 279, Sch. 25 para. 30(14)(c)(i); S.I 2003/766, {art. 2}, (with transitional and transitory provision in art. 3), Sch.

F25 Words in s. 145(6A) substituted (1.4.2003) by 2002 c. 40, ss. 278, 279, Sch. 25 para. 30(14)(c)(ii); S.I 2003/766, {art. 2}, (with transitional and transitory provision in art. 3), Sch.

F26 S. 145(7) repealed (24.7.2005) by Railways Act 2005 (c. 14), ss. 59, 60, Sch. 13 Pt. 1 (with s. 14(4)(5), Sch. 11 para. 11(2)); S.I. 2005/1909, art. 2, Sch.

Modifications etc. (not altering text)

C1 S. 145 applied (28.11.2005) by The Railways Infrastructure (Access and Management) Regulations 2005 (S.I. 2005/3049), reg. 39

S. 145 applied (28.11.2005) by The Railway (Licensing of Railway Undertakings) Regulations 2005 (S.I. 2005/3050), reg. 18

C2 S. 145 restricted (31.10.2003) by Railways and Transport Safety Act 2003 (c. 20), s. 115(2)(j); S.I. 2003/2681, art. 2(b)

C3 S. 145(1) restricted (25.5.2005) by The Railways Act 2005 (Transitional Provisions and Savings) Order 2005 (S.I. 2005/1738), art. 5

C4 S. 145(2): disclosure powers extended (14.12.2001) by 2001 c. 24, s. 17, Sch. 4 Pt. I para. 34

C5 S. 145(3) modified by The Wireless Telegraphy (Pre-Consolidation Amendments) Order 2006 (S.I. 2006/1391), art. 2, Sch. para. 7(3)(d) (coming into force in accordance with art. 1 of the amending S.I.)

Commencement Information

I1 S. 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

M1 1986 c. 45.

M2 1974 c. 37.

M3 1968 c. 29.

M4 1973 c. 41.

M5 1974 c. 39.

M6 1979 c. 38.

M7 1980 c. 21.

M8 1984 c. 12.

M9 1986 c. 31.

M10 1986 c. 44.

M11 1986 c. 45.

M12 1987 c. 43.

M13 1989 c. 29.

M14 1991 c. 29.

M15 1991 c. 56.

M16 1991 c. 57.

M17 1958 c. 51.