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Textual Amendments
F1Sch. 10 Pt. 1 heading substituted (9.2.2009 for E., 1.4.2009 for W.) by Local Transport Act 2008 (c. 26), s. 134(4), Sch. 2 para. 2; S.I. 2009/107, art. 2(2), Sch. 2 Pt. 1; S.I. 2009/579, art. 2(d)
13(1)No information which—E+W
(a)has been obtained by the [F2OFT] in connection with [F3its] functions under [F4this Part of] this Schedule, and
(b)relates to the affairs of any individual or to any particular business,
is to be disclosed during the lifetime of that individual or while that business continues to be carried on, unless the condition mentioned in sub-paragraph (2) is satisfied.
(2)The condition is that consent to the disclosure has been obtained from—
(a)the person from whom the information was obtained, and
(b)if different, the individual to whose affairs the information relates or the person for the time being carrying on the business to which the information relates.
(3)Sub-paragraph (1) does not apply to a disclosure of information—
(a)made for the purpose of facilitating the performance of any function of the [F2OFT], a traffic commissioner or the [F5Office of Rail Regulation],
(b)made for the purpose of facilitating the performance of any function of the European Commission in respect of [F6EU] law about competition,
(c)made for the purpose of criminal proceedings in any part of the United Kingdom or in connection with the investigation of a criminal offence triable in any part of the United Kingdom, or
(d)made in compliance with the order of a court or tribunal.
(4)If information is disclosed to the public in circumstances in which the disclosure does not contravene sub-paragraph (1), that sub-paragraph does not prevent its further disclosure by any person.
(5)A person who contravenes this paragraph is guilty of an offence and liable on summary conviction to a fine not exceeding level 5 on the standard scale.
Textual Amendments
F2Word in Sch. 10 substituted (1.4.2003) by Enterprise Act 2002 (c. 40), s. 279, Sch. 25 para. 44(12)(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.)
F3Word in Sch. 10 paras. 13-15 substituted (1.4.2003) by Enterprise Act 2002 (c. 40), s. 279, Sch. 25 para. 44(12)(k); S.I. 2003/766, art. 2, Sch. (with art. 3) (as amended (20.7.2007) by S.I. 2007/1846, reg. 3(2), Sch.)
F4Words in Sch. 10 para. 13(1) inserted (9.2.2009 for E., 1.4.2009 for W.) by Local Transport Act 2008 (c. 26), s. 134(4), Sch. 2 para. 10; S.I. 2009/107, art. 2(2), Sch. 2 Pt. 1; S.I. 2009/579, art. 2(d)
F5Words in Sch. 10 para. 13 substituted (5.7.2004) by Railways and Transport Safety Act 2003 (c. 20), Sch. 2 para. 19(t)(iv); S.I. 2004/827, art. 4(g)
F6Words in Act substituted (22.4.2011) by The Treaty of Lisbon (Changes in Terminology) Order 2011 (S.I. 2011/1043), arts. 2, 3, 6 (with arts. 3(2)(3), 4(2), 6(4)(5))
Modifications etc. (not altering text)
C1Sch. 10 para. 13(3): Disclosure powers extended (14.12.2001) by 2001 c. 24, ss. 17, 127(2)(a), Sch. 4 Pt. I para. 53(2)
Commencement Information
I1Sch. 10 para. 13 wholly in force at 1.8.2001; Sch. 10 para. 13 not in force at Royal Assent see s. 275(1); Sch. 10 para. 13 in force (E.) at 1.2.2001 by S.I. 2001/57, art. 3(2), Sch. 3 Pt. I (subject to the savings in Sch. 3 Pt. II); Sch. 10 para. 13 in force (W.) at 1.8.2001 by S.I. 2001/2788, art. 2, Sch. 1 para. 8