Energy Act 2023

277 Disclosure of information held by the Secretary of State U.K.

(1) Subsection (2) applies to information held by the Secretary of State which was provided to the Secretary of State under section 273, 274 or 276.

(2) The information may be disclosed—

(a) to any government department or devolved authority for the purpose of—

(i) maintaining or improving core fuel sector resilience, or

(ii) restoring, or counteracting a disruption to, or failure of, continuity of supply of core fuels (or counteracting the potential adverse impact of any such disruption or failure), or

(b) if the disclosure is necessary for the purpose of criminal proceedings.

(3) Nothing in this section authorises the making of a disclosure which—

(a) contravenes the data protection legislation (as defined in section 3 of the Data Protection Act 2018), or

(b) is prohibited by any of Parts 1 to 7 of, or Chapter 1 of Part 9 of, the Investigatory Powers Act 2016.

In determining whether a disclosure would fall within paragraph (a) or (b), the powers conferred by this section are to be taken into account.

(4) In subsection (2) “devolved authority” means—

(a) the Welsh Ministers,

(b) the Scottish Ministers, or

(c) a Northern Ireland department.

Commencement Information

I1 S. 277 not in force at Royal Assent, see s. 334(1)

I2 S. 277 in force at 11.1.2024 by S.I. 2024/32, reg. 2(c)(iv)