Part IIIConduct of local government members and employees

Chapter IIInvestigations etc: England

Investigations

63Restrictions on disclosure of information

(1)Information obtained by ethical standards officers under section 61 or 62 must not be disclosed unless one or more of the following conditions is satisfied—

(a)the disclosure is made for the purposes of enabling the Standards Board for England, an ethical standards officer, the Commission for Local Administration in Wales, a Local Commissioner in Wales or the president, deputy president or any tribunal of either of the Adjudication Panels to perform their functions under this Part,

(b)the person to whom the information relates has consented to its disclosure,

(c)the information has previously been disclosed to the public with lawful authority,

(d)the disclosure is for the purposes of criminal proceedings in any part of the United Kingdom and the information in question was not obtained under section 62(2),

(e)the disclosure is made to the Audit Commission for the purposes of any functions of the Audit Commission or an auditor under the [1998 c. 18.] Audit Commission Act 1998.

(2)The Secretary of State or a relevant authority in England may give notice in writing to any ethical standards officer with respect to—

(a)any document or information specified in the notice, or

(b)any class of documents or information so specified,

that, in his or (as the case may be) their opinion, the disclosure of that document or information, or of documents or information of that class, would be contrary to the public interest.

(3)Where notice is given under subsection (2) to an ethical standards officer, any document or information specified in the notice, or any document or information of a class so specified, may not be disclosed by the ethical standards officer or any other person.

(4)A person who discloses information or a document in contravention of subsection (1) is guilty of an offence and liable—

(a)on summary conviction, to imprisonment for a term not exceeding six months, or

(b)on conviction on indictment, to imprisonment for a term not exceeding two years or to a fine or to both.