SCHEDULES

SCHEDULE 9 Air traffic: information

Section 102.

Prohibition on disclosure

1

(1)

This Schedule applies to information if—

(a)

it was obtained under or by virtue of this Part, and

(b)

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

(2)

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

Other permitted disclosures

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 CAA or the F1Competition and Markets Authority of any of his or their functions under this Part;

(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 or the Treasury to exercise any powers conferred by the M1Financial 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 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 F2... 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);

F3(fa)

for the purpose of facilitating the carrying out by the Office for Nuclear Regulation of any of its functions under any enactment;

(g)

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

(h)

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

(i)

for the purposes of any civil proceedings brought under or by virtue of this Part or any enactment or instrument specified in sub-paragraph (3);

(j)

in pursuance of a F4EU obligation;

(k)

for the purpose of facilitating the performance of any function of the European Commission in respect of F4EU law about competition;

(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;

(o)

to a person to whom the information in question is required to be disclosed by regulations made in pursuance of section 7(2) of the M5Civil Aviation Act 1982 (special provisions as respects certain functions);

(p)

for the purposes of an investigation undertaken in pursuance of regulations made under section 75 of the M6Civil Aviation Act 1982 (investigation of accidents).

(2)

The persons and bodies are—

(a)

any Minister of the Crown;

F5(b)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c)

the F6Competition and Markets Authority;

F7(d)

the Office of Communications;

F8(e)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(f)

the Director General of Gas Supply;

F9(g)

the Water Services Regulation Authority;

(h)

the Director General of Electricity Supply;

(i)

the Coal Authority;

(j)

the CAA;

(k)

the F10Office of Rail and Road;

F11(l)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(m)

a local weights and measures authority in Great Britain.

(3)

The enactments and instruments are—

(a)

the M7Trade Descriptions Act 1968;

(b)

the M8Fair Trading Act 1973;

(c)

the M9Consumer Credit Act 1974;

(d)

the M10Estate Agents Act 1979;

(e)

the M11Competition Act 1980;

(f)

the M12Telecommunications Act 1984;

(g)

the M13Airports Act 1986;

(h)

the M14Gas Act 1986;

(i)

the M15Insolvency Act 1986;

(j)

the M16Consumer Protection Act 1987;

(k)

the M17Electricity Act 1989;

(l)

the M18Broadcasting Act 1990;

F12(m)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(n)

the M19Water Industry Act 1991;

(o)

the M20Water Resources Act 1991;

(p)

the M21Railways Act 1993;

(q)

the M22Coal Industry Act 1994;

F13(qa)

the Broadcasting Act 1996;

(r)

the M23Competition Act 1998;

F14(ra)

the Enterprise Act 2002;

F15(rb)

the Communications Act 2003;

F16(rb)

the Water Act 2003;

F17(rd)

the Railways Act 2005;

F18(re)

the Airport Charges Regulations 2011;

F19(rf)

Part 1 of the Civil Aviation Act 2012;

F20(rg)

Parts 3 and 4 of the Enterprise and Regulatory Reform Act 2013;

F21(rh)

the Water Act 2014;

(s)

any subordinate legislation made for the purpose of securing compliance with F22Articles 104 and 105 of the Treaty on the Functioning of the European Union;

F23(sa)

any subordinate legislation made for the purpose of securing compliance with Directive 2005/29/EC of the European Parliament and of the Council of 11 May 2005 concerning unfair business-to-consumer commercial practices in the internal market;

(s)

any subordinate legislation made for the purpose of securing compliance with Articles 84 and 85 of the Treaty establishing the European Community;

F24(t)

any subordinate legislation made for the purpose of securing compliance with Directive 2006/114/EC of the European Parliament and of the Council of 12 December 2006 concerning misleading and comparative advertising;

(u)

any Air Navigation Order made under section 60 of the M24Civil Aviation Act 1982.

4

The Secretary of State may by order amend paragraph 3.

Other exceptions

5

(1)

Paragraph 1(2) does not limit—

(a)

the information which may be included in a report of the F25Competition and Markets Authority on a reference under section 12;

(b)

the information or advice which may be published by the CAA under section 90.

(2)

Paragraph 1(2) does not apply to—

(a)

information which has been published in a report published under section 13;

(b)

information which has otherwise 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.

(3)

Information obtained by the CAA in exercising functions which are exercisable concurrently with F26the Competition and Markets Authority under Part I of the M25Competition Act 1998 is subject to F27Part 9 of the Enterprise Act 2002 (Information) and not to paragraph 1(2).

Offence

6

A person who discloses information in contravention of this Schedule is guilty of an offence and liable—

(a)

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

(b)

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