9B.—(1) Where the Secretary of State in accordance with regulation 9A(7)(b) informs only certain persons of a designation, variation or revocation and—
(a)in the case of a designation under the standard procedure, of the content of the statement of reasons relating to it, or
(b)in the case of a designation under the urgent procedure, of the content of the statement required under regulation 9A(3)(b) relating to it,
the Secretary of State may specify that any of that information is to be treated as confidential.
(2) A person (“P”) who—
(a)is provided with information that is to be treated as confidential in accordance with paragraph (1), or
(b)otherwise obtains such information,
must not, subject to paragraph (3), disclose it if P knows, or has reasonable cause to suspect, that the information is to be treated as confidential.
(3) The prohibition in paragraph (2) does not apply to any disclosure made by P with lawful authority.
(4) For this purpose information is disclosed with lawful authority only if and to the extent that—
(a)the disclosure is by, or is authorised by, the Secretary of State,
(b)the disclosure is by or with the consent of the person who is or was the subject of the designation,
(c)the disclosure is necessary to give effect to a requirement imposed under or by virtue of these Regulations or any other enactment, or
(d)the disclosure is required under rules of court, tribunal rules or a court or tribunal order, for the purposes of legal proceedings of any description.
(5) This regulation does not prevent the disclosure of information that is already, or has previously been, available to the public from other sources.
(6) A person who contravenes the prohibition in paragraph (2) commits an offence.
(7) The High Court (in Scotland, the Court of Session) may, on the application of—
(a)the person who is the subject of the information, or
(b)the Secretary of State,
grant an injunction (in Scotland, an interdict) to prevent a breach of the prohibition in paragraph (2).
(8) In paragraph (4)(c), “enactment” has the meaning given by section 54(6) of the Act.]
Textual Amendments
F1Regs. 9A, 9B inserted (30.3.2022 at 5.00 p.m.) by The Russia (Sanctions) (EU Exit) (Amendment) (No. 7) Regulations 2022 (S.I. 2022/395), regs. 1(2), 9