The Construction Products Regulations 1991

Restrictions on the disclosure of information

25.—(1) Subject to the following provisions of this regulation, a person shall be guilty of an offence if he discloses any information–

(a) which was obtained by him in consequence of its being given to any person in compliance with any requirement imposed by these Regulations;

(b) which consists in a secret manufacturing process or a trade secret and was obtained by him in consequence of the inclusion of the information–

(i) in written or oral representations made for the purpose of Part I or Part II of Schedule 4; or

(ii) in a statement of a witness in connection with any such oral representations;

(c) which was obtained by him in consequence of the exercise by the Secretary of State of the power conferred on him by regulation 14;

(d) which was obtained by him in consequence of the exercise by any person or any power conferred by Part III; or

(e) which was disclosed to or through him under regulation 24.

(2) Paragraph (1) above shall not apply to a disclosure of information if the information is publicised information or the disclosure is made–

(a) for the purpose of facilitating the exercise of a relevant person’s functions under these Regulations;

(b) for the purpose of facilitating the exercise of a relevant person’s enforcement or regulatory functions under any enactment or subordinate legislation (whether passed or made before or after the making of these Regulations);

(c) for the purposes of compliance with a Community obligation; or

(d) in connection with the investigation of any criminal offence or for the purposes of any civil or criminal proceedings.

(3) In paragraph (2)(b) above the reference to a person’s functions shall include a reference to any function of making, amending or revoking any regulations or order.

(4) A person guilty of an offence under this regulation shall be liable–

(a) on summary conviction, to a fine not exceeding level 5 on the standard scale;

(b) on conviction on indictment, to imprisonment for a term not exceeding two years or to a fine or to both.

(5) In this regulation–

“publicised information” means any information which has been disclosed in any civil or criminal proceedings or is or has been required to be contained in a warning published in pursuance of a notice to warn; and

“relevant person” means any of the following, that is to say–

(a)

a Minister of the Crown, Government department or Northern Ireland department;

(b)

any weights and measures authority or any district council in Northern Ireland;

(c)

any other person on whom enforcement or regulatory functions are conferred by or under any enactment.