Postal Services Act 2000

Section 119.

SCHEDULE 7 U.K. Disclosure of information

Prohibition on disclosure U.K.

1 (1) This Schedule applies to information if— U.K.

(a) it was obtained by virtue of this Act (other than section 62 or 118), and

(b) it relates to the affairs of an individual or to a particular business.

(2) The information shall not be disclosed during the lifetime of the individual or so long as the business is carried on, except as provided below.

Disclosure with consent U.K.

2 U.K. Paragraph 1(2) does not apply to a disclosure made with the consent of the individual or the person for the time being carrying on the business.

Other permitted disclosures U.K.

3 (1) Paragraph 1(2) does not apply to a disclosure made—

(a) for the purpose of facilitating the carrying out by the Secretary of State, the Treasury, the Commission, the Competition Commission or the Council of any of his or their functions under this Act,

(b) for the purpose of facilitating the carrying out by a person or body mentioned in sub-paragraph (2) of any of his or its functions under an enactment or instrument specified in sub-paragraph (3),

(c) for the purpose of enabling or assisting the Secretary of State, the Treasury, the Department for Enterprise, Trade and Investment in Northern Ireland or the Department of Finance and Personnel in Northern Ireland to exercise any powers conferred by the M1 Financial Services Act 1986 or by the enactments relating to companies, insurance companies or insolvency,

(d) for the purpose of enabling or assisting an 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 M2 Insolvency Act 1986 or Article 350 of the M3 Insolvency (Northern Ireland) Order 1989 to carry out its functions,

(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 Health and Safety Executive for Northern Ireland 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 M5 Health and Safety at Work (Northern Ireland) Order 1978) of any function under a relevant statutory provision (within the meaning of that Order),

(h) for the purpose of facilitating the carrying out by the Comptroller and Auditor General, or the Comptroller and Auditor General for Northern Ireland, of any of his functions under any enactment,

(i) 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 by virtue of this Act or any enactment or instrument specified in sub-paragraph (3),

(k) in pursuance of a Community obligation,

(l) by the Secretary of State, or with his consent, to an international organisation of which the United Kingdom is a member,

(m) in connection with negotiations conducted by officers of the Secretary of State with representatives of the government of a country or territory outside the United Kingdom,

(n) in connection with the discharge of an obligation of the United Kingdom under international arrangements.

(2) The persons and bodies are—

(a) any Minister of the Crown,

(b) any Northern Ireland department,

(c) any Northern Ireland Minister,

(d) the Director General of Fair Trading,

(e) the Competition Commission,

(f) the Director General of Telecommunications,

(g) the Independent Television Commission,

(h) the Director General of Gas Supply,

(i) the Director General of Gas for Northern Ireland,

(j) the Director General of Water Services,

(k) the Water Appeals Commission for Northern Ireland,

(l) the Director General of Electricity Supply,

(m) the Director General of Electricity Supply for Northern Ireland,

(n) the Coal Authority,

(o) the Civil Aviation Authority,

(p) the Rail Regulator,

(q) the Insolvency Practitioners Tribunal,

(r) a local weights and measures authority in Great Britain.

(3) The enactments and instruments are—

(a) the M6 Trade Descriptions Act 1968,

(b) the M7 Fair Trading Act 1973,

(c) the M8 Consumer Credit Act 1974,

(d) the M9 Estate Agents Act 1979,

(e) the M10 Competition Act 1980,

(f) the M11 Telecommunications Act 1984,

(g) the M12 Airports Act 1986,

(h) the M13 Gas Act 1986,

(i) the M14 Insolvency Act 1986,

(j) the M15 Consumer Protection Act 1987,

(k) the M16 Electricity Act 1989,

(l) the M17 Broadcasting Act 1990,

(m) the M18 Property Misdescriptions Act 1991,

(n) the M19 Water Industry Act 1991,

(o) the M20 Water Resources Act 1991,

(p) the M21 Railways Act 1993,

(q) the M22 Coal Industry Act 1994,

(r) the M23 Broadcasting Act 1996,

(s) the M24 Competition Act 1998,

(t) the M25 Water and Sewerage Services (Northern Ireland) Order 1973,

(u) the M26 Audit (Northern Ireland) Order 1987,

(v) the M27 Consumer Protection (Northern Ireland) Order 1987,

(w) the M28 Insolvency (Northern Ireland) Order 1989,

(x) the M29 Electricity (Northern Ireland) Order 1992,

(y) Part IV of the M30 Airports (Northern Ireland) Order 1994,

(z) the M31 Gas (Northern Ireland) Order 1996,

(aa) the M32 EC Competition Law (Articles 88 and 89) Enforcement Regulations 1996,

(bb) the M33 Water (Northern Ireland) Order 1999,

(cc) any subordinate legislation made for the purpose of securing compliance with the Directive of the Council of the European Communities dated 10th September 1984 (No. 84/450/EEC) on the approximation of the laws, regulations and administrative provisions of the member States concerning misleading advertising.

Commencement Information

I1 Sch. 7 para. 3 wholly in force; Sch. 7 para. 3 not in force at Royal Assent see s. 130; Sch. 7 para. 3(1)(b)-(n)(2)(3) in force and Sch. 7 para. 3(1)(a) in force for specified purposes at 6.11.2000 and Sch. 7 para. 3(1)(a) in force for further specified purposes at 1.1.2001 and in force insofar as not already in force at 26.3.2001 by S.I. 2000/2957, art. 2(1)-(3), Schs. 1, 2, 3 (with transitional provisions in arts. 3-8)

Marginal Citations

M1 1986 c. 60.

M2 1986 c. 45.

M3 S.I. 1989/2405 (N.I. 19).

M4 1974 c. 37.

M5 S.I. 1978/1039 (N.I. 9).

M6 1968 c. 29.

M7 1973 c. 41.

M8 1974 c. 39.

M9 1979 c. 38.

M10 1980 c. 21.

M11 1984 c. 12.

M12 1986 c. 31.

M13 1986 c. 44.

M14 1986 c. 45.

M15 1987 c. 43.

M16 1989 c. 29.

M17 1990 c. 42.

M18 1991 c. 29.

M19 1991 c. 56.

M20 1991 c. 57.

M21 1993 c. 43.

M22 1994 c. 21.

M23 1996 c. 55.

M24 1998 c. 41.

M25 S.I. 1973/70

M26 S.I. 1987/460 (N.I. 5).

M27 S.I. 1987/2049 (N.I. 20).

M28 S.I. 1989/2405 (N.I. 19).

M29 S.I. 1992/231

M30 S.I. 1994/426 (N.I. 1.)

M31 S.I. 1996/275 (N.I. 2.).

M32 S.I. 1996/2199.

M33 S.I. 1999/662

4 U.K. The Secretary of State may by order modify paragraph 3.

Other exceptions U.K.

5 (1) Paragraph 1(2) does not limit the information which may be— U.K.

(a) included in, or made public as a part of, a report on a reference under section 15,

(b) included in, or made public as part of, a report under section 45, 55 or 57,

(c) published by the Commission under section 46, or

(d) made available by the Council under section 52, 53 or 59 or the Commission under section 58.

(2) Sub-paragraph (1) is without prejudice to any other exception to paragraph 1(2).

(3) Paragraph 1(2) does not apply to information which has been made available to the public by being disclosed in circumstances in which, or for a purpose for which, disclosure is not precluded by this Schedule.

Offence U.K.

6 (1) A person commits an offence if he discloses information in contravention of this Schedule. U.K.

(2) A person who commits an offence under sub-paragraph (1) shall be liable—

(a) on summary conviction, to a fine not exceeding the statutory maximum,

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