SCHEDULE 6OFFENCES, ENFORCEMENT AND OTHER MATTERS
Part III Miscellaneous and Supplemental
12
1
Subject to the following provisions of this paragraph, a person shall not disclose any information—
a
which was obtained by him in consequence of it being given to any person in compliance with any requirement imposed by these Regulations; or
b
which consists in a secret manufacturing process or trade secret and was obtained by him in consequence of the exercise by any person of any power or duty conferred by these Regulations.
2
Sub-paragraph (1) 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 or any enactment mentioned in sub-paragraph (3);
b
in pursuance of a Community obligation;
c
in connection with the investigation of any criminal offence or for the purposes of any civil or criminal proceedings; or
d
in pursuance of regulation 3 of the Environmental Information Regulations 1992 M1.
3
The enactments referred to in sub-paragraph (2)(a) are—
a
the Trade Descriptions Act 1968 M2;
b
Parts II and III and section 125 of the Fair Trading Act 1973 M3;
c
d
the Weights and Measures Act 1985 M6;
e
the Weights and Measures (Northern Ireland) Order 1981 M7;
f
the Consumer Protection Act 1987 M8;
g
the Consumer Protection (Northern Ireland) Order 1987 M9;
h
the Electrical Equipment (Safety) Regulations 1994 M10; and
i
any enactment made for the purpose of securing compliance with the Council Directive 84/450/EEC on the approximation of laws, regulations and administrative provisions of the member States concerning misleading advertising M11.
4
In sub-paragraph (2)(a) the reference to a person’s functions shall include a reference to any function of making, amending or revoking any regulations or order.
5
In this paragraph—
“publicised information” means any information which has been disclosed in open court in any civil or criminal proceedings; 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
the Director General of Fair Trading;
- c
the Health and Safety Executive;
- d
an enforcement authority;
- e
any person who is charged with enforcing any of the enactments referred to in sub-paragraph (3).
- a