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- Point in Time (09/02/2018)
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Version Superseded: 07/02/2023
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There are currently no known outstanding effects for the Petroleum Act 1998, Section 5B.
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(1)The Commissioners for Her Majesty's Revenue and Customs may disclose to [F2the appropriate [F3authority]] information relating to the transfer of a right granted by a licence under section 2 of the Petroleum (Production) Act 1934 or section 3 above, or derived from a right so granted, for the purpose of enabling [F2the appropriate [F3authority]] to determine whether a transfer to which section 5A applies has taken place.
(2)This section applies despite any statutory or other restriction on the disclosure of information.
(3)Information disclosed under this section must not be further disclosed except—
(a)for the purpose mentioned in subsection (1), with the consent (which may be general or specific) of the Commissioners,
(b)in pursuance of an order of a court, or
(c)with the consent of each person to whom the information relates.
(4)A person who discloses information contrary to subsection (3) commits an offence if the identity of the person to whom the information relates—
(a)is specified in the disclosure, or
(b)can be deduced from it.
(5)It is a defence for a person charged with an offence under this section to prove that the person reasonably believed that—
(a)the disclosure was lawful, or
(b)the information had already and lawfully been made available to the public.
(6)A person guilty of an offence under this section is liable—
(a)on summary conviction, to imprisonment for a term not exceeding 12 months or to a fine not exceeding the statutory maximum, or both, and
(b)on conviction on indictment, to imprisonment for a term not exceeding 2 years or to a fine, or both.]
Textual Amendments
F1Ss. 5A-5C inserted (26.1.2009) by Energy Act 2008 (c. 32), ss. 76, 110(2); S.I. 2009/45, art. 2(c)(i)
F2Words in s. 5B(1) substituted (9.2.2018) by Scotland Act 2016 (c. 11), ss. 48(13), 72(4)(c); S.I. 2018/163, reg. 2(b)
F3Word in s. 5B(1) substituted (9.2.2018) by The Petroleum (Transfer of Functions) Regulations 2016 (S.I. 2016/898), regs. 1(3), 3(6) (with reg. 2); S.I. 2018/163, reg. 2(b)
Modifications etc. (not altering text)
C1S. 5B modified (temp.) (1.10.2016) by The Petroleum (Transfer of Functions) Regulations 2016 (S.I. 2016/898), regs. 1(2), 2
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