Regulation 4 Authorisation of disclosures

(1)

On the application of any person or otherwise, the Secretary of State may authorise–

(a)

any individual disclosure; or

(b)

any class of disclosure,

which would otherwise be prohibited by regulation 2.

(2)

An authorisation—

(a)

in the case of an application, shall be granted by written notice to the applicant, and such other persons as the Secretary of State thinks fit;

(b)

in any other case, shall be granted by written notice to such persons as the Secretary of State thinks fit; and

(c)

in any case, may be granted for such duration and subject to such conditions as the Secretary of State thinks fit.

(3)

The Secretary of State may require–

(a)

the provision in writing by the applicant for an authorisation of such additional information as she may consider necessary to enable her to decide whether to grant the authorisation; and

(b)

the verification of any information provided by the applicant in connection with the application in such manner as the Secretary of State may specify.

(4)

Where on an application for an authorisation the Secretary of State proposes not to grant the authorisation, she shall give the applicant written notice of her proposal and of the reasons for it.

(5)

The applicant may make written representations to the Secretary of State within the period of 28 days following the date on which the notice under paragraph (4) is given.

(6)

The Secretary of State shall take into account any such representations before deciding whether to grant the authorisation.

(7)

If the Secretary of State decides not to grant the authorisation, she shall give the applicant written notice of her decision and of the reasons for it.

(8)

This paragraph applies where the applicant for an authorisation–

(a)

makes any statement or provides any information which is false or misleading in a material particular; or

(b)

omits any information which is material to his application;

and the authorisation is granted.

(9)

In any circumstances to which paragraph (8) applies–

(a)

as regards the applicant, the authorisation shall be void from the time it was granted;

(b)

as regards any other person, the authorisation shall be void from the time he knew or should reasonably have become aware of those circumstances.