Health and Social Care (Community Health and Standards) Act 2003

137 Section 136: defence

(1) It is a defence for a person charged with an offence under section 136 to prove that at the time of the alleged offence—

(a) any of the circumstances in subsection (2) applied in relation to the disclosure in question; or

(b) he reasonably believed that they applied.

(2) The circumstances referred to in subsection (1)(a) are that—

(a) the disclosure was made in a form in which the individual to whom it relates is not identified;

(b) the disclosure was made with the consent of the individual to whom the information relates;

(c) the information disclosed had previously been lawfully disclosed to the public;

(d) the disclosure was made under or pursuant to regulations under section 113 (complaints about health care);

(e) the disclosure was made in accordance with any enactment or court order;

(f) the disclosure was necessary or expedient for the purposes of protecting the welfare of any individual;

(g) the disclosure was made to any body or person in circumstances where it was necessary or expedient for the person or body to have the information for the purpose of exercising his or its functions under any enactment.

(3) It is also a defence for a person charged with an offence under section 136 to prove that the disclosure was made—

(a) for the purposes of facilitating the exercise of any functions of the CHAI (under any enactment);

(b) in connection with the investigation of a criminal offence (whether or not in the United Kingdom);

(c) for the purpose of criminal proceedings (whether or not in the United Kingdom).

(4) For the purposes of subsection (2)(a), information disclosed by a person is not to be regarded as being in a form in which an individual is not identified if the individual can be identified—

(a) from that information, or

(b) from that information and from other information disclosed by the CHAI, by any person authorised by it or by any of its members or employees.