{
  "url": "https://openlegislation.uk/electromagnetic-compatibility-regulations-1992/regulation-97",
  "json_url": "https://openlegislation.uk/electromagnetic-compatibility-regulations-1992/regulation-97.json",
  "legislation": "uksi/1992/2372",
  "legislation_title": "The Electromagnetic Compatibility Regulations 1992",
  "legislation_url": "https://openlegislation.uk/electromagnetic-compatibility-regulations-1992",
  "path": "regulation/97",
  "kind": "regulation",
  "number": "97",
  "heading": "Restrictions on disclosure of information",
  "text": "(1) Subject to the following provisions of this regulation, a person shall be guilty of an offence if he discloses any information—\n(a) which was obtained by him in consequence of the exercise by any person of any power conferred by Part VII of these Regulations; or\n(b) which consists in a secret manufacturing process or a trade secret and was obtained by him in consequence of the inclusion of the information—\n(i) in written or oral representations made for the purposes of Schedule 7 hereto; or\n(ii) in a statement of a witness in connection with any such oral representations.\n(2) Paragraph (1) above shall not apply to a disclosure of information if the information is publicised information or the disclosure is made—\n(a) for the purpose of facilitating the exercise of a relevant person’s functions under these Regulations;\n(b) for the purpose of facilitating the exercise of a relevant person’s enforcement or regulatory functions under any enactment (whether passed or made before or after the making of these Regulations);\n(c) for the purposes of compliance with a Community obligation; or\n(d) in connection with the investigation of any criminal offence or for the purposes of any civil or criminal proceedings.\n(3) In paragraph (2)(b) above the reference to a person’s functions shall include a reference to the function of making, amending or revoking any regulations or order.\n(4) A person guilty of an offence under this regulation shall be liable—\n(a) on summary conviction, to a fine not exceeding level 5 on the standard scale; or\n(b) on conviction on indictment, to—\n(i) imprisonment for a term not exceeding two years; or\n(ii) a fine,\nor to both.\n(5) In this regulation—\n“publicised information ” means any information which has been disclosed in any civil or criminal proceedings; and\n“relevant person ” means—\n(a) a Minister of the Crown, Government department or Northern Ireland department;\n(b) an enforcement authority; or\n(c) any other person on whom enforcement or regulatory functions are conferred by or under any enactment.",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [],
  "outstanding_effects": [
    {
      "type": "revoked",
      "affecting": "uksi/2004/693",
      "affecting_title": "The Enterprise Act 2002 (Part 9 Restrictions on Disclosure of Information) (Specification) Order 2004"
    }
  ],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/uksi/1992/2372/regulation/97",
    "retrieved_at": "2026-10-29T14:15:30.235841+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}