Paragraph 22

England, Wales and Scotland

(1)

No information given to the Commission by any person (“the informant”) in connection with—

(a)

a formal investigation; or

(b)

the exercise of any of its functions in relation to non-discrimination notices, action plans and agreements under section 5,

shall be disclosed by the Commission or by any person who is or has been a commissioner, an additional commissioner or an employee of the Commission.

(2)

Sub-paragraph (1) does not apply to any disclosure made—

(a)

on the order of a court,

(b)

with the informant’s consent,

(c)

in the form of a summary or other general statement published by the Commission which does not identify the informant or any other person to whom the information relates,

(d)

in a report of the investigation published by the Commission,

(e)

to a commissioner, an additional commissioner or an employee of the Commission, or, so far as is necessary for the proper performance of the Commission’s functions, to other persons, or

C1(f)

for the purpose of any civil proceedings to which the Commission is a party, or of any criminal proceedings.

(3)

A person who discloses information contrary to sub-paragraph (1) is guilty of an offence and liable on summary conviction to a fine not exceeding level 5 on the standard scale.

Annotations

Modifications

C1: Sch. 3 para. 22(2)(f): disclosure powers extended (14.12.2001) by 2001 c. 24, ss. 17, 127(2)(a), Sch. 4 Pt. 1 para. 46

Notes on the whole Act

Textual amendments

F1: Act repealed (1.10.2007) by Equality Act 2006 (c. 3), ss. 40, 91, 93, Sch. 3 para. 59, Sch. 4 (with s. 92); S.I. 2007/2603, art. 2(b)(c) (subject to art. 3, as amended by S.I. 2007/2602, art. 4(2))