Section 119.
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.
2U.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.
3(1)Paragraph 1(2) does not apply to a disclosure made—U.K.
(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 [F1the Financial Services and Markets Act 2000 ]M1 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 M2Insolvency Act 1986 or Article 350 of the M3Insolvency (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 M4Health 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 M5Health 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,
[F2(d)the Office of Fair Trading,]
(e)the Competition Commission,
[F3(f)the Office of Communications,]
(g)the Independent Television Commission,
F4(h). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(i)the Director General of Gas for Northern Ireland,
[F5(j)the Water Services Regulation Authority,]
(k)the Water Appeals Commission for Northern Ireland,
F4(l). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(m)the Director General of Electricity Supply for Northern Ireland,
(n)the Coal Authority,
(o)the Civil Aviation Authority,
(p)the [F6Office of Rail Regulation],
(q)the Insolvency Practitioners Tribunal,
(r)a local weights and measures authority in Great Britain.
[F7(s)the Financial Services Authority,
(t)the Gas and Electricity Markets Authority,
(u)the Gas and Electricity Consumer Council.]
[F8(3)The enactments and instruments are—
(a) the Industrial and Provident Societies Act 1965 M6 ,
(b) the Industrial and Provident Societies Act 1967 M7 ,
(c) the Trade Descriptions Act 1968 M8 ,
(d) the Friendly and Industrial and Provident Societies Act 1968 M9 ,
(e) the Fair Trading Act 1973 M10 ,
(f) the Consumer Credit Act 1974 M11 ,
(g) the Friendly Societies Act 1974 M12 ,
(h) the Industrial and Provident Societies Act 1975 M13 ,
(i) the Industrial and Provident Societies Act 1978 M14 ,
(j) the Estate Agents Act 1979 M15 ,
(k) the Credit Unions Act 1979 M16 ,
(l) the Competition Act 1980 M17 ,
(m) the Telecommunications Act 1984 M18 ,
(n) the Airports Act 1986 M19 ,
(o) the Gas Act 1986 M20 ,
(p) the Insolvency Act 1986 M21 ,
(q) the Building Societies Act 1986 M22 ,
(r) the Consumer Protection Act 1987 M23 ,
(s) the Electricity Act 1989 M24 ,
(t) the Broadcasting Act 1990 M25 ,
(u) the Property Misdescriptions Act 1991 M26 ,
(v) the Water Industry Act 1991 M27 ,
(w) the Water Resources Act 1991 M28 ,
(x) the Friendly Societies Act 1992 M29 ,
(y) the Railways Act 1993 M30 ,
(z) the Coal Industry Act 1994 M31 ,
(aa) the Broadcasting Act 1996 M32 ,
(bb) the Competition Act 1998 M33 ,
(cc) the Financial Services and Markets Act 2000 M34 ,
(dd) the Regulation of Investigatory Powers Act 2000 M35 ,
(ee) the Utilities Act 2000 M36 ,
(ff) Part I of the Transport Act 2000 M37 ,
(gg) the Insolvency Act 2000 M38 ,
[F9(gh)the Enterprise Act 2002,]
[F10(gi)the Communications Act 2003,]
[F11(gi)the Water Act 2003,]
[F12(gk)the Railways Act 2005,]
(hh) the Water and Sewerage Services (Northern Ireland) Order [F132006],
(ii) the Audit (Northern Ireland) Order 1987 M39 ,
(jj) the Consumer Protection (Northern Ireland) Order 1987 M40 ,
(kk) the Insolvency (Northern Ireland) Order 1989 M41 ,
(ll) the Electricity (Northern Ireland) Order 1992 M42 ,
(mm) Part IV of the Airports (Northern Ireland) Order 1994 M43 ,
(nn) the Gas (Northern Ireland) Order 1996 M44 ,
(oo) the Water (Northern Ireland) Order 1999 M45 ,
(pp) the EC Competition Law (Articles 84 and 85) Enforcement Regulations 2001 M46 ,
(qq)any subordinate legislation made for the purpose of securing compliance with the Directive of the Council of the European Communities of 10th September 1984 (No. 84/450/ EEC ) on the approximation of the laws, regulations and administrative provisions of the member States concerning misleading advertising.]
Textual Amendments
F1Words in Sch. 7 para. 3(1)(c) substituted (1.12.2001) by S.I. 2001/3617, art. 2(2)
F2Sch. 7 para. 3(2)(d) substituted (1.4.2003) by Enterprise Act 2002 (c. 40), s. 279, Sch. 25 para. 42(7)(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 Sch. 7 para. 3(2)(f) 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. 162(3)(a) (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 )
F4Sch. 7 para. 3(2)(h)(l) deleted (1.12.2001) by virtue of S.I. 2001/3617, art. 2(3)
F5 Sch. 7 para. 3(2)(j) substituted (1.4.2006) by Water Act 2003 (c. 37) , s. 105(3) , Sch. 7 para. 33(a) ; S.I. 2005/2714 , art. 4(f)
F6 Words in Sch. 7 substituted (5.7.2004) by Railways and Transport Safety Act 2003 (c. 20) , Sch. 2 para. 19(r) ; S.I. 2004/827 , art. 4(g)
F7Sch. 7 para. 3(s)(t)(u) added (1.12.2001) by S.I. 2001/3617, art. 2(3)
F8Sch. 7 para. 3(3) substituted (1.12.2001) by S.I. 2001/3617, art. 2(4)
F9Sch. 7 para. 3(3)(gh) inserted (1.4.2003) by Enterprise Act 2002 (c. 40), s. 279, Sch. 25 para. 42(7)(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.)
F10 Sch. 7 para. 3(3)(gi) 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. 162(3)(b) (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 )
F11 Sch. 7 para. 3(3)(gi) inserted (1.4.2004) by Water Act 2003 (c. 37) , s. 105(3) , Sch. 7 para. 33(b) ; S.I. 2004/641 , art. 3(y) , Sch. 2 (with Sch. 3 para. 7 )
F12 Sch. 7 para. 3(3)(gk) inserted (8.6.2005) by Railways Act 2005 (c. 14) , s. 60(2) , Sch. 12 para. 15 ; S.I. 2005/1444 , art. 2(1) , Sch. 1
F13 Word in Sch. 7 para. 3(3)(hh) substituted (N.I.) (1.4.2007) by The Water and Sewerage Services (Northern Ireland) Order 2006 (S.I. 2006/3336) , art. 1(2) , Sch. 12 para. 41 (with arts. 8(8) , 121(3) , 307 ); S.R. 2007/194 , art. 2(2) , Sch. Pt. 2 (with Sch. 2 )
Modifications etc. (not altering text)
C1 Sch. 7 para. 3 modified (8.2.2007 immediately before the Wireless Telegraphy Act 2006 (c. 36) comes into force) by Wireless Telegraphy (Pre-Consolidation Amendments) Order 2006 (S.I. 2006/1391) , art. 1 , Sch. para. 7(3)(f)
C2Sch. 7 para. 3(1): disclosure powers extended (14.12.2001) by 2001 c. 24, ss. 17, 127(2), Sch. 4 Pt. 1 para. 51
Commencement Information
I1Sch. 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
4U.K.The Secretary of State may by order modify paragraph 3.
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.
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.