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.