Energy Act 2013

PART 2 U.K. Offences relating to disclosure and use of protected information

Prohibition on disclosing protected information U.K.

2 U.K. Protected information must not be disclosed—

(a) by the original holder of the information, or

(b) by any other person holding it who has received it directly or indirectly from the original holder by virtue of a disclosure, or disclosures, in accordance with this Schedule,

except in accordance with Part 3 of this Schedule.

Modifications etc. (not altering text)

C1 Sch. 9 para. 2 excluded by SI 2005/2042 reg. 54A (as inserted (1.4.2014) by The Energy Act 2013 (Office for Nuclear Regulation) (Consequential Amendments, Transitional Provisions and Savings) Order 2014 (S.I. 2014/469), art. 1(2), Sch. 3 para. 192 (with Sch. 4))

Commencement Information

I1 Sch. 9 para. 2 in force at 1.4.2014 by S.I. 2014/251, art. 4

Offence of disclosing protected information in contravention of paragraph 2 U.K.

3 U.K. It is an offence for a person to disclose information in contravention of paragraph 2.

Modifications etc. (not altering text)

C2 Sch. 9 para. 3 modified (1.4.2014) by The Energy Act 2013 (Office for Nuclear Regulation) (Consequential Amendments, Transitional Provisions and Savings) Order 2014 (S.I. 2014/469), art. 1(2), Sch. 1 para. 5(4)Sch. 1 para. 5(5)(d) (with Sch. 1 paras. 6, 4)

Commencement Information

I2 Sch. 9 para. 3 in force at 1.4.2014 by S.I. 2014/251, art. 4

Offence of using protected information in contravention of a restriction in Part 3 U.K.

4 U.K. It is an offence for a person to use protected information in contravention of a restriction under paragraph 10(3), 11(2), 12(2), 13(2), 14(2) or 15(2).

Modifications etc. (not altering text)

C3 Sch. 9 para. 4 modified (1.4.2014) by The Energy Act 2013 (Office for Nuclear Regulation) (Consequential Amendments, Transitional Provisions and Savings) Order 2014 (S.I. 2014/469), art. 1(2), Sch. 1 para. 5(4)Sch. 1 para. 5(5)(d) (with Sch. 1 paras. 6, 4)

Commencement Information

I3 Sch. 9 para. 4 in force at 1.4.2014 by S.I. 2014/251, art. 4

Defence to offences under paragraphs 3 and 4 U.K.

5 U.K. It is a defence for a person charged with an offence under paragraph 3 or 4 to prove—

(a) that the person did not know and had no reason to suspect that the information was protected information, or

(b) that the person took all reasonable precautions and exercised all due diligence to avoid committing the offence.

Commencement Information

I4 Sch. 9 para. 5 in force at 1.4.2014 by S.I. 2014/251, art. 4

Penalty for offences under paragraphs 3 and 4 U.K.

6 (1) A person who commits an offence under paragraph 3 or 4 is liable— U.K.

(a) on summary conviction—

(i) to imprisonment for a term not exceeding 12 months (in England and Wales or Scotland) or 6 months (in Northern Ireland),

(ii) to a fine (in England and Wales) or a fine not exceeding the statutory maximum (in Scotland or Northern Ireland), or

(iii) to both;

(b) on conviction on indictment—

(i) to imprisonment for a term not exceeding 2 years,

(ii) to a fine, or

(iii) to both.

[F1 (2) In the application of this paragraph in England and Wales, the reference in sub-paragraph (1)(a)(i) to 12 months is to be read as a reference to the general limit in a magistrates’ court (or to 6 months in relation to an offence committed before 2 May 2022).]

Textual Amendments

F1 Sch. 9 para. 6(2) substituted (7.2.2023 at 12.00 p.m.) by The Judicial Review and Courts Act 2022 (Magistrates’ Court Sentencing Powers) Regulations 2023 (S.I. 2023/149), regs. 1(2), 26(7)

Commencement Information

I5 Sch. 9 para. 6 in force at 1.4.2014 by S.I. 2014/251, art. 4