3Offences

1

A relevant person must not disclose without lawful authority any information supplied to him or another relevant person under section 1.

2

A person—

a

who is or who has been employed by a relevant person,

b

who is or who has been engaged—

i

in the provision of services to a relevant person in connection with the carrying out of a switchover help function, or

ii

to carry out any switchover help function, or to carry out any function in connection with the carrying out of a switchover help function, or

c

who is or who has been employed by, or who is or who has been engaged in the provision of services to, or to carry out a function for, a person mentioned in paragraph (b),

must not disclose without lawful authority information supplied to a relevant person under section 1.

3

A person who contravenes subsection (1) or (2) commits an offence.

4

It is not an offence under this section—

a

to disclose information in the form of a summary or collection of information so framed as not to enable information supplied under section 1 relating to any particular person to be ascertained from it; or

b

to disclose information which has previously been disclosed to the public with lawful authority.

5

It is a defence for a person charged with an offence under this section to prove that at the time of the alleged offence he believed—

a

that he was making the disclosure in question with lawful authority, or

b

that the information in question had previously been disclosed to the public with lawful authority,

and that he had no reasonable cause to believe otherwise.

6

For the purposes of this section, a disclosure is to be regarded as made with lawful authority if, but only if, it is made—

a

for the purpose of carrying out a switchover help function, or for doing anything connected with the carrying out of a switchover help function;

b

in accordance with any enactment or court order;

c

for the purpose of instituting, or otherwise for the purposes of, proceedings before a court; or

d

with the consent of the person to whom the information relates or of any person authorised to act on that person’s behalf.

7

A person guilty of an offence under this section is liable—

a

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

b

on summary conviction to imprisonment for a term not exceeding 12 months or to a fine not exceeding the statutory maximum, or both.

8

In the application of this section—

a

in England and Wales, in relation to an offence committed before the commencement of section 154(1) of the Criminal Justice Act 2003 (c. 44),

b

in Scotland, until the commencement of section 45(1) of the Criminal Proceedings etc. (Reform) (Scotland) Act 2007 (asp 6), or

c

in Northern Ireland,

the reference in subsection (7)(b) to 12 months is to be read as a reference to 6 months.