Paragraph 12 Restrictions on disclosure of information

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

Sch. 5 para. 2A inserted by Energy Information 2009 reg. 6(4)
Sch. 5 para. 3(2) words omitted by Energy Information and Energy Efficiency 2001 reg. 8(3)(a)
Sch. 5 para. 3(3)-(5) omitted by Energy Information and Energy Efficiency 2001 reg. 8(3)(b)
Sch. 5 para. 16 omitted by Energy Information and Energy Efficiency 2001 reg. 8(3)(c)
Sch. 5 para. 12(3)(b) revoked by Enterprise Act 2002 (Consequential and Supplemental Provisions) 2003 Sch. para. 34(2)

(1)

Subject to the following provisions of this paragraph, a person shall not disclose any information–

(a)

which was obtained by him in consequence of its being given to any person in compliance with any requirement imposed by these Regulations; or

(b)

which consists in a secret manufacturing process or trade secret and was obtained by him in consequence of the exercise by any person of any power or duty conferred by these Regulations.

(2)

Sub-paragraph (1) shall not apply to a disclosure of information if the information is publicised information or the disclosure is made–

(a)

for the purpose of facilitating the exercise of a relevant person’s functions under these Regulations or any enactment or subordinate legislation mentioned in sub-paragraph (3);

(b)

in pursuance of a Community obligation;

(c)

in connection with the investigation of any criminal offence or for the purposes of any civil or criminal proceedings; or

(d)

in pursuance of regulation 3 of the Environmental Information Regulations 1992^f1.

(3)

The enactments and subordinate legislation referred to in sub-paragraph (2)(a) are–

(a)

the Trade Descriptions Act 1968^f2;

(b)

Parts II and III and section 125 of the Fair Trading Act 1973^f3;

(c)

the relevant statutory provisions within the meaning of Part I of the Health and Safety at Work etc Act 1974^f4 or within the meaning of the Health and Safety at Work (Northern Ireland) Order 1978^f5;

(d)

the Weights and Measures Act 1985^f6;

(e)

the Weights and Measures (Northern Ireland) Order 1981^f7;

(f)

the Consumer Protection Act 1987^f8;

(g)

the Consumer Protection (Northern Ireland) Order 1987^f9;

(h)

the Electrical Equipment (Safety) Regulations 1994^f10; and

(i)

any subordinate legislation made for the purpose of securing compliance with the Directive of the Council of the European Communities, dated 10th September 1984 (No. 84/450/EEC) on the approximation of laws, regulations and administrative provisions of the member States concerning misleading advertising^f11.

(4)

In sub-paragraph (2)(a) the reference to a person’s functions shall include a reference to any function of making, amending or revoking any regulations or order.

(5)

In this paragraph–

“publicised information” means any information which has been disclosed in any civil or criminal proceedings; and
“relevant person” means any of the following, that is to say–
1. (a)
  
  a Minister of the Crown, Government Department or Northern Ireland Department;
2. (b)
  
  the Director General of Fair Trading;
3. (c)
  
  the Health and Safety Executive;
4. (d)
  
  an enforcement authority;
5. (e)
  
  any person who is charged with enforcing any of the enactments and subordinate legislation referred to in sub-paragraph (3).

Annotations

Footnotes

f1: S.I. 1992/3240.
f2: 1968 c. 29.
f3: 1973 c. 41.
f4: 1974 c. 37.
f5: S.I. 1978/1039 (N.I. 9); to which there are amendments not relevant to these Regulations.
f6: 1985 c. 72.
f7: S.I. 1981/231 (N.I. 10); to which there are amendments not relevant to these Regulations.
f8: 1987 c. 43.
f9: S.I. 1987/2049 (N.I. 12); to which there are amendments not relevant to these Regulations.
f10: S.I. 1994/3260.
f11: OJ No. L250, 19.9.84, p. 17.