Part 3Adult skills
Assessments of effectiveness of education or training
90Wrongful onward disclosure of information
1
This section applies to information—
a
used in reliance on section 87(1)(a), or
b
disclosed in reliance on section 87(1)(b) or 88.
2
A person commits an offence if—
a
the person discloses the information to another otherwise than in connection with the exercise of an assessment function of the Secretary of State or a devolved authority, and
b
the information relates to a person whose identity is specified in or can be deduced from the disclosure.
3
It is a defence to prove that a person charged with the offence reasonably believed—
a
that the disclosure was lawful, or
b
that the information had already and lawfully been made available to the public.
4
A person guilty of an offence under this section is liable—
a
on conviction on indictment, to imprisonment for a term not exceeding 2 years or to a fine or to both;
b
on summary conviction, to imprisonment for a term not exceeding 12 months or to a fine not exceeding the statutory maximum or to both.
5
A prosecution for an offence under this section may be instituted in England and Wales only with the consent of the Director of Public Prosecutions.
6
In subsection (4)(b), the reference to 12 months is to be read as a reference to 6 months in relation to an offence committed in England and Wales before the commencement of section 282 of the Criminal Justice Act 2003 (c. 44) (short sentences).