C6Part III Miscellaneous, General and Supplemental Provisions

Annotations:
Modifications etc. (not altering text)
C6

Pt. III (ss. 117-154) excluded (retrospective to 5.11.1993) by 1994 c. 9, s. 252, Sch. 24 para. 4(1)

Supplemental

C1I1C2C7C8145 General restrictions on disclosure of information.

C31

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.

C42

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 F41, the Welsh Ministers, F1the Scottish Ministers,F37the Office of Rail and Road, F2. . . or the F28Competition and Markets Authority of any of his or, as the case may be, their functions under this ActF3, the Transport Act 2000 or the Railways Act 2005;

F4aa

for the purpose of facilitating the carrying out or carrying on by the Secretary of State F41, the Welsh Ministers 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,

F29ii

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

iii

the F30Competition and Markets Authority,

F5iv

the Office of Communications,

v

the Director General of Gas Supply,

F39vi

the Water Services Regulation Authority,

vii

the Director General of Electricity Supply,

viii

the Civil Aviation Authority,

F36ix

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 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;

F6c

for the purpose of enabling or assisting the Secretary of State, the TreasuryF24, the Financial Conduct Authority or the Prudential Regulation Authority to exercise any powers conferred by or under the Financial Services and Markets Act 2000F27, by or under the Consumer Credit Act 1974 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 M1Insolvency Act 1986 to carry out its functions as such;

e

for the purpose of facilitating the carrying out by F18... 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 M2Health and Safety at Work etc. Act 1974, of any functions under a relevant statutory provision, within the meaning of that Act;

F34ea

for the purpose of facilitating the carrying out by the Office for Nuclear Regulation of any of its functions under any enactment;

f

for the purpose of facilitating the carrying out by the Comptroller and Auditor General of any of his functions under any enactment;

g

F7. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F42ga

for the purpose of facilitating the carrying out by the Office of Rail and Road of any of its functions under—

i

the Railway (Licensing of Railway Undertakings) Regulations 2005, or

ii

the Railways (Access, Management and Licensing of Railway Undertakings) Regulations 2016;

F38gb

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F35gc

for the purpose of facilitating the carrying out by the Office of Rail Regulation of any of its functions, in respect of the tunnel system (within the meaning of the Channel Tunnel Act 1987), under any instrument made for the purpose of implementing Directive 2012/34/EU of the European Parliament and of the Council dated 21st November 2012 establishing a single European railway area,;

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 F23anF22EU obligation.

C53

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

a

the M3Trade Descriptions Act 1968;

b

the M4Fair Trading Act 1973;

c

the M5Consumer Credit Act 1974;

F8d

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F8e

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

f

the M6Estate Agents Act 1979;

g

the M7Competition Act 1980;

h

the M8Telecommunications Act 1984;

j

the M9Airports Act 1986;

k

the M10Gas Act 1986;

l

the M11Insolvency Act 1986;

m

the M12Consumer Protection Act 1987;

n

the M13Electricity Act 1989;

F26o

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

p

the M14Water Industry Act 1991;

q

the M15Water Resources Act 1991;

F9qq

the Competition Act 1998.

F10qr

Part I of the Transport Act 2000;

F11qs

the Enterprise Act 2002;

F12qt

the Communications Act 2003;

F19qu

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

F20r

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

F25s

Part 1 of the Civil Aviation Act 2012

F31t

Parts 3 and 4 of the Enterprise and Regulatory Reform Act 2013

F40u

the Water Act 2003;

v

the Water Act 2014.

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 F37the Office of Rail and Road, F2. . . , the F32Competition and Markets Authority, F13or the F21Passengers’ 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.

F145A

Subsection (1) above does not prevent the transfer of records in accordance with section 3(4) of the M16Public 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.

F156A

Information obtained by F37the Office of Rail and Road in the exercise of functions which are exercisable concurrently with F33the Competition and Markets Authority under Part I of the Competition Act 1998 is subject to F16Part 9 of the Enterprise Act 2002 (Information) (disclosure) and not to subsections (1) to (6) of this section.

F177

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .