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Regulation 9 Prohibition on disclosure of information obtained by enforcement officers

(1)

This regulation applies where an enforcement officer obtains or holds information in the exercise of a relevant power (“protected information”).

(2)

Except as provided by paragraphs (3) and (5) to (7), protected information must not be disclosed by—

(a)

the enforcement officer who originally obtained or held the information (“the relevant enforcement officer”); or

(b)

any other person who holds it where that person has received it directly or indirectly from the relevant enforcement officer, by virtue of a disclosure made in accordance with this regulation.

(3)

Paragraph (2) does not prohibit the disclosure of protected information to—

(a)

the Office for Nuclear Regulation, its officers or any inspector appointed by it; or

(b)

a relevant authority, including an officer of a relevant authority;

by a person or bodies listed within sub-paragraph (a) or (b) where the disclosure of the protected information is necessary for the purposes of the Office for Nuclear Regulation or the relevant authority in question.

(4)

Any person to whom protected information is disclosed by virtue of paragraph (3) may only use that information for, as applicable, the purposes of the Office for Nuclear Regulation or the relevant authority in question.

(5)

Paragraph (2) does not prohibit a disclosure of protected information—

(a)

with the consent of the person from whom the information was obtained;

(b)

by the enforcement officer who originally obtained or held the information for the purposes of exercising any of the officer's functions;

(c)

for the purposes of any legal proceedings brought for the purposes of enforcing these Regulations; or

(d)

in a form calculated to prevent the information from being identified as relating to a particular person or case.

(6)

Paragraph (2) does not prohibit a disclosure of protected information which is made in accordance with an obligation under—

(a)

the Freedom of Information Act 2000 M1;

(b)

the Freedom of Information (Scotland) Act 2002 M2;

(c)

environmental information regulations within the meaning given in section 39(1A) of the Freedom of Information Act 2000 M3;

(d)

regulations made under section 62 of the Freedom of Information (Scotland) Act 2002.

(7)

Paragraph (2) does not prohibit a disclosure of protected information which has been made available to the public lawfully from other sources.

(8)

In this regulation—

“relevant authority” means—

  1. (a)

    a Minister of the Crown;

  2. (b)

    the Scottish Ministers;

  3. (c)

    the Welsh Ministers;

  4. (d)

    a Northern Ireland Department;

  5. (e)

    any other government department;

  6. (f)

    the Health and Safety Executive;

  7. (g)

    the Health and Safety Executive for Northern Ireland;

  8. (h)

    a constable authorised by a chief officer of police for a police area;

  9. (i)

    a constable authorised by the chief constable of the Police Service of Scotland;

  10. (j)

    a member of the Civil Nuclear Constabulary authorised by the chief constable of the Civil Nuclear Constabulary; or

  11. (k)

    a constable authorised by the chief constable of the Police Service of Northern Ireland.

Annotations

Marginal citations

M1

2000 c. 36.

M2

2002 asp 13.

M3

Section 39(1A) was inserted by S.I. 2004/3391, Part 5, regulation 20(3).