Paragraph 11 I1

After regulation 9, insert—

“Confidential information in certain cases where Treasury designation power used

9A.

(1)

A person (“P”) who—

(a)

is provided with information which the Treasury has specified is to be treated as confidential under regulation 9(1) (confidential information in certain cases where designation power used) (as it has effect in the United Kingdom), or

(b)

obtains such information,

must not, subject to paragraph (2), disclose it if P knows, or has reasonable cause to suspect, that the information is to be treated as confidential.

(2)

The prohibition in paragraph (1) does not apply to any disclosure made by P with lawful authority.

(3)

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 Treasury,

(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.

(4)

This regulation does not prevent the disclosure of information that is already, or has previously been, available to the public from other sources.

(5)

A person who contravenes the prohibition in paragraph (1) commits an offence.

(6)

The Supreme Court of the Territory may, on the application of—

(a)

the person who is the subject of the information, or

(b)

the Treasury,

grant an injunction to prevent a breach of the prohibition in paragraph (1).

(7)

In paragraph (3)(c), “enactment” has the meaning given by section 54(6) of the Act.”