The Working Time Regulations 1998

[F1 Restrictions on disclosure of information E+W+S

8.— (1) In this and the two following sub-paragraphs—

(a) “relevant information” means information obtained by an inspector in pursuance of a requirement imposed under paragraph 2(2)(e) or (f); and

(b) “the recipient”, in relation to any relevant information, means the person by whom that information was so obtained or to whom that information was so furnished, as the case may be.

(2) Subject to the following sub-paragraph, no relevant information shall be disclosed without the consent of the person by whom it was furnished.

(3) The preceding sub-paragraph shall not apply to—

(a) disclosure of information to the Commission [F2 , the ONR], a government department or any enforcement authority;

(b) without prejudice to paragraph (a) above, disclosure by the recipient of information to any person for the purpose of any function conferred on the recipient by or under any of the relevant statutory provisions [F3 , relevant nuclear provisions] or under these Regulations;

(c) without prejudice to paragraph (a) above, disclosure by the recipient of information to—

(i) an officer of a local authority who is authorised by that authority to receive it; or

(ii) a constable authorised by a chief officer of police to receive it; or

(d) disclosure by the recipient of information in a form calculated to prevent it from being identified as relating to a particular person or case.

(4) In the preceding sub-paragraph any reference to the Commission [F4 , the ONR], a government department or an enforcement authority includes respectively a reference to an officer of that body or authority (including in the case of an enforcement authority, any inspector appointed by it), and also, in the case of a reference to the Commission, includes a reference to—

(a) a person performing any functions of the Commission or the Executive on its behalf by virtue of section 13(1)(a) of the 1974 Act;

(b) an officer of a body which is so performing any such functions; and

(c) an adviser appointed in pursuance of section 13(1)(d) of the 1974 Act.

[F5 (4A) In sub-paragraph (3) a reference to the ONR also includes a reference to—

(a) a person performing functions of the ONR on its behalf by virtue of section 95 of the 2013 Act;

(b) an officer of a body which is so performing any such functions; and

(c) a person appointed to provide advice to the ONR.]

(5) A person to whom information is disclosed in pursuance of sub-paragraph (3) above shall not use the information for a purpose other than—

(a) in a case falling within sub-paragraph (3)(a), a purpose of the Commission [F6 , or the ONR], of the government department, or of the enforcement authority in question in connection with these Regulations [F7 , the relevant nuclear provisions] or with the relevant statutory provisions, as the case may be;

(b) in the case of information given to an officer of a body which is a local authority, the purposes of the body in connection with the relevant statutory provisions [F8 , the relevant nuclear provisions] or any enactment whatsoever relating to working time, public health, public safety or the protection of the environment;

(c) in the case of information given to a constable, the purposes of the police in connection with these Regulations, the relevant statutory provisions [F9 , the relevant nuclear provisions] or any enactment whatsoever relating to working time, public health, public safety or the safety of the State.

(6) A person shall not disclose any information obtained by him as a result of the exercise of any power conferred by paragraph 2 of this Schedule (including in particular any information with respect to any trade secret obtained by him in any premises entered by him by virtue of any such power) except—

(a) for the purposes of his functions;

(b) for the purposes of any legal proceedings; or

(c) with the relevant consent.

In this sub-paragraph “the relevant consent” means the consent of the person who furnished it, and, in any other case, the consent of a person having responsibilities in relation to the premises where the information was obtained.

(7) Notwithstanding anything in the preceding sub-paragraph an inspector shall, in circumstances in which it is necessary to do so for the purpose of assisting in keeping persons (or the representatives of persons) employed at any premises adequately informed about matters affecting their health, safety and welfare or working time, give to such persons or their representatives the following descriptions of information, that is to say—

(a) factual information obtained by him as mentioned in that sub-paragraph which relates to those premises or anything which was or is therein or was or is being done therein; and

(b) information with respect to any action which he has taken or proposes to take in or in connection with those premises in the performance of his functions;

and, where an inspector does as aforesaid, he shall give the like information to the employer of the first-mentioned persons.

(8) Notwithstanding anything in sub-paragraph (6) above, a person who has obtained such information as is referred to in that sub-paragraph may furnish to a person who appears to him to be likely to be a party to any civil proceedings arising out of any accident, occurrence, situation or other matter, a written statement of the relevant facts observed by him in the course of exercising any of the powers referred to in that sub-paragraph.]

Textual Amendments

F1 Sch. 3 inserted (1.8.2003) by The Working Time (Amendment) Regulations 2003 (S.I. 2003/1684), regs. 1, 12

F2 Words in Sch. 3 para. 8(3)(a) 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. 82(1)(a)(i) (with Sch. 4)

F3 Words in Sch. 3 para. 8(3)(b) 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. 82(1)(a)(ii) (with Sch. 4)

F4 Words in Sch. 3 para. 8(4) 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. 82(1)(b) (with Sch. 4)

F5 Sch. 3 para. 8(4A) 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. 82(1)(c) (with Sch. 4)

F6 Words in Sch. 3 para. 8(5)(a) 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. 82(1)(d)(i)(aa) (with Sch. 4)

F7 Words in Sch. 3 para. 8(5)(a) 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. 82(1)(d)(i)(bb) (with Sch. 4)

F8 Words in Sch. 3 para. 8(5)(b) 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. 82(1)(d)(ii) (with Sch. 4)

F9 Words in Sch. 3 para. 8(5)(c) 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. 82(1)(d)(iii) (with Sch. 4)