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

the relevant statutory provisions within the meaning of Part I of the Health and Safety at Work etc Act 1974 M4 or within the meaning of the Health and Safety at Work (Northern Ireland) Order 1978 M5;

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—

    1. a

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

    2. b

      the Director General of Fair Trading;

    3. c

      the Health and Safety Executive;

    4. d

      an enforcement authority;

    5. e

      any person who is charged with enforcing any of the enactments referred to in sub-paragraph (3).