Part 4Enforcement of judgments and orders

Information requests and orders

102Offence of unauthorised use or disclosure

1

This section applies if—

a

an application is made under section 95 in relation to recovery of a judgment debt (“the relevant judgment debt”),

b

a departmental information request or an information order is made in consequence of that application, and

c

information (“debtor information”) is disclosed in accordance with the request or order.

2

A person to whom the debtor information is disclosed commits an offence if he—

a

uses or discloses the debtor information, and

b

the use or disclosure is not authorised by any of subsections (3) to (6).

3

The use or disclosure of the debtor information is authorised if it is in accordance with section 101.

4

The use or disclosure of the debtor information is authorised if it is—

a

in accordance with an enactment or order of court, or

b

for the purposes of any proceedings before a court,

and it is in accordance with regulations.

5

The use or disclosure of the debtor information is authorised if the information has previously been lawfully disclosed to the public.

6

The use or disclosure of the debtor information is authorised if it is in accordance with rules of court that comply with regulations under subsection (7).

7

Regulations may make provision about the circumstances, if any, in which rules of court may allow access to, or the supply of, information disclosed in accordance with a department information request or an information order.

8

It is a defence for a person charged with an offence under subsection (2) to prove that he reasonably believed that the use or disclosure was lawful.

9

A person guilty of an offence under subsection (2) is liable—

a

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

b

on summary conviction, to imprisonment for a term not exceeding F1the general limit in a magistrates’ court, to a fine not exceeding the statutory maximum, or to both.