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- Original (As enacted)
This is the original version (as it was originally enacted).
(1)Where the Treasury in accordance with section 3(4) or 7(4) inform only certain persons of a designation, they may specify that information contained in it is to be treated as confidential.
(2)A person (“P”) who—
(a)is provided with information that is to be treated as confidential in accordance with subsection (1), or
(b)obtains such information,
must not, subject to subsection (3), disclose it if P knows, or has reasonable cause to suspect, that the information is to be treated as confidential.
(3)The prohibition in subsection (2) does not apply to any disclosure made by P with lawful authority.
(4)For this purpose information is disclosed with lawful authority only if and to the extent that—
(a)the disclosure is by, or is authorised by, the Treasury,
(b)the disclosure is by or with the consent of the designated person,
(c)the disclosure is necessary to give effect to a requirement imposed under or by virtue of this Part or any other enactment, or
(d)the disclosure is required, under rules of court, tribunal rules or a court or tribunal order, for the purposes of legal proceedings of any description.
(5)This section does not prevent the disclosure of information that is already, or has previously been, available to the public from other sources.
(6)A person who contravenes the prohibition in subsection (2) commits an offence.
(7)The High Court (in Scotland, the Court of Session) may, on the application of—
(a)the person who is the subject of the information, or
(b)the Treasury,
grant an injunction (in Scotland, an interdict) to prevent a breach of the prohibition in subsection (2).
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Text created by the government department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Public Acts except Appropriation, Consolidated Fund, Finance and Consolidation Acts.
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