OpenLegislation

Paragraph 12 Restrictions on disclosure of information

United Kingdom

(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 section 1 of the Freedom of Information Act 2000f1;

(e)

in pursuance of regulation 3 of the Environmental Information Regulations 1992f2.

(3)

The enactments referred to in sub-paragraph (2)(a) are—

(a)

the Trade Descriptions Act 1968f3;

(b)

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

(c)

the Weights and Measures Act 1985f6;

(d)

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

(e)

the Consumer Protection Act 1987f8;

(f)

the Consumer Protection (Northern Ireland) Order 1987f9;

(g)

the Low Voltage Electrical Equipment (Safety) Regulations 1989f10;

F1(h)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F2(i)

any subordinate legislation made for the purpose of securing compliance with Directive 2005/29/EC of the European Parliament and of the Council of 11 May 2005 concerning unfair business-to-consumer commercial practices in the internal market;

(j)

any subordinate legislation made for the purpose of securing compliance with Directive 2006/114/EC of the European Parliament and of the Council of 12 December 2006 concerning misleading and comparative advertising.

(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—

    1. (a)

      a Minister of the Crown, Government department or Northern Ireland department;

    2. (b)

      the Office 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

Textual amendments

F1

Sch. 6 para. 12(3)(h) omitted (26.5.2008) by virtue of The Consumer Protection from Unfair Trading Regulations 2008 (S.I. 2008/1277), reg. 1, Sch. 2 para. 107(a), Sch. 4 Pt. 2 (with reg. 28(2)(3))

F2

Sch. 6 para. 12(3)(i)(j) inserted (26.5.2008) by The Consumer Protection from Unfair Trading Regulations 2008 (S.I. 2008/1277), reg. 1, Sch. 2 para. 107(b) (with reg. 28(2)(3))

Footnotes

f1

2000 c. 36.

f2

S.I. 1992/3240 amended by S.I. 1998/1447.

f3

1968 c. 29.

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. 1989/728.