Part IV U.K. Transport

Chapter VII E+W+S Public-Private Partnership Agreements

The PPP arbiter E+W+S

235 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 by the PPP arbiter under or by virtue of any of the provisions of this Chapter, 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 Mayor of London, Transport for London or the PPP arbiter of any of his or, as the case may be, its functions under this Act;

(b) for the purpose of facilitating the carrying out by the Secretary of State, the Rail Regulator, the [F1 Strategic Rail Authority], the Competition Commission or the Mayor of any of his or, as the case may be, its functions under the M1 Railways Act 1993;

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

(i) any Minister of the Crown,

[F2 (ii) the Office of Fair Trading,]

(iii) the Competition Commission,

[F3 (iv) the Director General of Telecommunications,]

[F3 (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, its functions under any of the enactments or instruments specified in subsection (3) below;

(d) for the purpose of enabling or assisting the Secretary of State or the Treasury to exercise any powers conferred by the M2 Financial 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;

(e) 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 M3 Insolvency Act 1986 to carry out its functions as such;

(f) 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 M4 Health and Safety at Work etc. Act 1974, of any functions under a relevant statutory provision, within the meaning of that Act;

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

(h) 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—

(i) the Directive of the Council of the European Communities dated 29th July 1991 on the development of the Community’s railways; or

(ii) Council Directive 95/19/EC on the allocation of railway infrastructure capacity and the charging of infrastructure fees;

(j) in connection with the investigation of any criminal offence or for the purposes of any criminal proceedings;

(k) 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

(l) in pursuance of a Community obligation.

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

(a) the M5 Trade Descriptions Act 1968;

(b) the M6 Fair Trading Act 1973;

(c) the M7 Consumer Credit Act 1974;

F4 (d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F4 (e) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(f) the M8 Estate Agents Act 1979;

(g) the M9 Competition Act 1980;

(h) the M10 Telecommunications Act 1984;

(j) the M11 Airports Act 1986;

(k) the M12 Gas Act 1986;

(l) the M13 Insolvency Act 1986;

(m) the M14 Consumer Protection Act 1987;

(n) the M15 Electricity Act 1989;

(o) the M16 Property Misdescriptions Act 1991;

(p) the M17 Water Industry Act 1991;

(q) the M18 Water Resources Act 1991;

(r) the M19 Railways Act 1993;

[F5 (rr) the Competition Act 1998]

[F6 (rs) the Enterprise Act 2002;]

[F7 (rt) the Communications Act 2003;]

(s) any subordinate legislation made for the purpose of securing compliance with the Directive of the Council of the European Communities dated 10th September 1984 on the M20 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) The prohibition imposed by subsection (1) above shall be enforceable by civil proceedings—

(a) by the individual mentioned in that subsection, or

(b) by the person for the time being carrying on the business there mentioned,

for an injunction or for any other appropriate relief or remedy.

F8 (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F1 Words in s. 235(2)(b) substituted (1.2.2001) by 2000 c. 38, s. 215(1), Sch. 16 para. 66(1)(2); S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to transitional provisions and savings in Sch. 2 Pt. II) (which S.I. is amended by S.I. 2001/115, art. 2(2))

F2 S. 235(2)(c)(ii) substituted (1.4.2003) by Enterprise Act 2002 (c. 40), s. 279, Sch. 25 para. 39(2)(a); S.I. 2003/766, art. 2, Sch. (with art. 3) (as amended (20.7.2007) by S.I. 2007/1846, reg. 3(2), Sch.)

F3 S. 235(2)(c)(iv) substituted (25.7.2003 for specified purposes, 29.12.2003 in so far as not already in force) by Communications Act 2003 (c. 21), s. 411(2), Sch. 17 para. 157(2) (with Sch. 18); S.I. 2003/1900, arts. 1(2), 2(1), Sch. 1 (with art. 3) (as amended by S.I. 2003/3142, art. 1(3)); S.I. 2003/3142, art. 3(2) (with art. 11)

F4 S. 235(3)(d)(e) repealed (1.3.2000) by S.I. 2000/311, art. 35(2)(a)

F5 S. 235(3)(rr) inserted (1.3.2000) by S.I. 2000/311, art. 35(2)(b)

F6 S. 235(3)(rs) inserted (1.4.2003) by Enterprise Act 2002 (c. 40), s. 279, Sch. 25 para. 39(2)(b); S.I. 2003/766, art. 2, Sch. (with art. 3) (as amended (20.7.2007) by S.I. 2007/1846, reg. 3(2), Sch.)

F7 S. 235(3)(rt) inserted (25.7.2003 for specified purposes, 29.12.2003 in so far as not already in force) by Communications Act 2003 (c. 21), s. 411(2), Sch. 17 para. 157(3) (with Sch. 18); S.I. 2003/1900, arts. 1(2), 2(1), Sch. 1 (with art. 3) (as amended by S.I. 2003/3142, art. 1(3)); S.I. 2003/3142, art. 3(2) (with art. 11)

F8 S. 235(6) repealed (1.2.2001) by 2000 c. 38, ss. 215(1), 274, Sch. 16 para. 66(1)(3), Sch. 31 Pt. IV; S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to transitional provisions and savings in Sch. 2 Pt. II) (which S.I. is amended by S.I. 2001/115, art. 2(2))

Commencement Information

I1 S. 235 wholly in force at 12.1.2000: by virtue of s. 425(2) the Act comes into force at Royal Assent in regards to any power of a Minister of the Crown to make regulations or an order; s. 235 in force at 12.1.2000 by S.I. 1999/3434, art. 2

Marginal Citations

M1 1993 c. 43.

M2 1986 c. 60.

M3 1986 c. 45.

M4 1974 c. 37.

M5 1968 c. 29.

M6 1973 c. 41.

M7 1974 c. 39.

M8 1979 c. 38.

M9 1980 c. 21.

M10 1984 c. 12.

M11 1986 c. 31.

M12 1986 c. 44.

M13 1986 c. 45.

M14 1987 c. 43.

M15 1989 c. 29.

M16 1991 c. 29.

M17 1991 c. 56.

M18 1991 c. 57.

M19 1993 c. 43.

M20 84/450/EEC