Regulation 34 Circumstances where the registrar must not use or disclose secured information

(1)

Subject to paragraph (3), the registrar must not use or disclose secured information if in relation to that information an application has been made under regulation 36, 37 or 38—

(a)

which has not yet been determined by the registrar and has not been withdrawn under regulation 40;

(b)

which has been determined by the registrar in favour of the applicant (but see paragraph (2));

(c)

which was unsuccessful and a period of 42 days beginning with the date of the notice sent under regulation 36(5), 37(5) or 38(5) has not passed;

(d)

which was unsuccessful and an appeal to the court in respect of that application under regulation 41 has not been determined by the court; or

(e)

which was unsuccessful and the applicant has successfully appealed the determination.

(2)

Paragraph (1)(b) does not apply where the determination has ceased to have effect under regulation 43.

(3)

Where the prohibition in paragraph (1) applies in relation to secured information, the registrar may—

(a)

use or disclose that secured information for communicating with the person to whom the application under regulation 36, 37 or 38 relates and, if different, the applicant; and

(b)

disclose the secured information to a specified public authority where the conditions specified in Part 1 of Schedule 4 are satisfied.

(4)

For the purposes of this regulation an application under regulation 36, 37 or 38 is made when it has been registered by the registrar.