# Energy Act 2013, Paragraph 3


(1) For the purposes of paragraphs 1 and 2, “confidential information” means specified information to which sub-paragraph (3) applies and in relation to which it is an initial term of the contract that it should not be disclosed.
(2) For the purposes of sub-paragraph (1)—
(a) a term is an initial term if it is agreed at the time the investment contract is entered into or, in relation to a varied investment contract, at the time the variation is agreed;
(b) “specified” means specified in the initial term.
(3) This sub-paragraph applies to information if it is—
(a) not the strike price or the reference price;
(b) information which, in the opinion of the Secretary of State at the time the initial term is agreed, constitutes a trade secret;
(c) information the disclosure of which, in the opinion of the Secretary of State at that time, would or would be likely to prejudice the commercial interests of any person;
(d) information the disclosure of which would, in the opinion of the Secretary of State at that time, constitute a breach of confidence actionable by any person.

---
Source: https://www.legislation.gov.uk/ukpga/2013/32/schedule/2/paragraph/3 (the official version)
Page: https://openlegislation.uk/energy-act-2013/schedule-2/paragraph-3
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.