Part 4The National Health Service
Chapter 3Protection of NHS from fraud and other unlawful activities
Offences
53Offences relating to disclosure or use of information
1
A person commits an offence if he fails to comply with section 50(2) or (5) or section 51(2).
2
A person guilty of an offence under subsection (1) is liable—
a
on conviction on indictment, to imprisonment for a term not exceeding two years or to a fine, or to both;
b
on summary conviction to imprisonment for a term not exceeding 51 weeks or to a fine not exceeding the statutory maximum, or to both.
3
It is a defence for a person charged with an offence under subsection (1) in respect of a disclosure of information to prove that at the time of the alleged offence—
a
any of the circumstances in subsection (4) applied, or
b
he reasonably believed that they applied.
4
The circumstances referred to in subsection (3) are—
a
that the disclosure was lawful,
b
that the information had already been lawfully made available to the public,
c
that the disclosure was necessary or expedient for the purpose of protecting the welfare of any individual,
d
that the disclosure was made in a form in which no person to whom the information relates is identified.
5
Subsection (4)(d) is not satisfied if the identity of any such person can be ascertained either—
a
from the information itself, or
b
from that information taken with other information obtained by virtue of section 46 or 47 and disclosed by or on behalf of the appropriate national authority.