Explanatory note

Section 42 of the Gas Act 1986 makes it a criminal offence for any person to disclose information which relates to the affairs of any individual or a particular business and which has been obtained under or by virtue of the provisions of Part I of the Act, unless the individual or business consents, or unless the disclosure is made in accordance with one of the exceptions in section 42(1A) to (3).

Section 42(3A) of the Gas Act 1986 gives the Secretary of State power to modify by order subsections (1A) to (3) of section 42. This Order modifies section 42(1A) of the Gas Act 1986, by substituting for paragraph (c) of subsection (1A) two new paragraphs (article 2). The effect is that licence holders may make disclosures of information which they have obtained under or by virtue of Part I of the Gas Act 1986, not only to other licence holders, but generally where this is required by a condition of their licence.

A regulatory impact assessment of the costs and benefits that will result from this Order will be available in the Libraries of the Houses of Parliament when the Order is laid before Parliament, and from the Energy Utilities Directorate, Department of Trade and Industry, Bay 166, 1 Victoria Street, London SW1H 0ET.