251BProhibition on disclosure of information

1

Information held by ACAS shall not be disclosed if the information—

a

relates to a worker, an employer of a worker or a trade union (a “relevant person”), and

b

is held by ACAS in connection with the provision of a service by ACAS or its officers.

This is subject to subsection (2).

2

Subsection (1) does not prohibit the disclosure of information if—

a

the disclosure is made for the purpose of enabling or assisting ACAS to carry out any of its functions under this Act,

b

the disclosure is made for the purpose of enabling or assisting an officer of ACAS to carry out the functions of a conciliation officer under any enactment,

c

the disclosure is made for the purpose of enabling or assisting—

i

a person appointed by ACAS under section 210(2), or

ii

an arbitrator or arbiter appointed by ACAS under any enactment,

to carry out functions specified in the appointment,

d

the disclosure is made for the purposes of a criminal investigation or criminal proceedings (whether or not within the United Kingdom),

e

the disclosure is made in order to comply with a court order,

f

the disclosure is made in a manner that ensures that no relevant person to whom the information relates can be identified, or

g

the disclosure is made with the consent of each relevant person to whom the information relates.

3

Subsection (2) does not authorise the making of a disclosure which contravenes the Data Protection Act 1998.

4

A person who discloses information in contravention of this section commits an offence and is liable on summary conviction to a fine not exceeding level 5 on the standard scale.

5

Proceedings in England and Wales for an offence under this section may be instituted only with the consent of the Director of Public Prosecutions.

6

For the purposes of this section information held by—

a

a person appointed by ACAS under section 210(2) in connection with functions specified in the appointment, or

b

an arbitrator or arbiter appointed by ACAS under any enactment in connection with functions specified in the appointment,

is information that is held by ACAS in connection with the provision of a service by ACAS.