Section 82 Restricted informationI1

England, Wales and Scotland

(1)

Restricted information must not be disclosed—

(a)

by the Regulator, or

(b)

by any person who receives the information directly or indirectly from the Regulator.

(2)

Subsection (1) is subject to—

(a)

subsection (3), and

(b)

sections 71(9), 83 to 88 and 235.

(3)

Subject to section F188(5), restricted information may be disclosed with the consent of the person to whom it relates and (if different) the person from whom the Regulator obtained it.

(4)

For the purposes of this section and sections 83 to 87, “restricted information” means any information obtained by the Regulator in the exercise of its functions which relates to the business or other affairs of any person, except for information—

(a)

which at the time of the disclosure is or has already been made available to the public from other sources, or

(b)

which is in the form of a summary or collection of information so framed as not to enable information relating to any particular person to be ascertained from it.

(5)

Any person who discloses information in contravention of this section is guilty of an offence and liable—

(a)

on summary conviction, to a fine not exceeding the statutory maximum F2, or imprisonment for a term not exceeding F3the general limit in a magistrates’ court, or both;

(b)

on conviction on indictment, to a fine or imprisonment for a term not exceeding two years, or both.

(6)

F4In relation to an offence under subsection (5) committed before F52 May 2022 the reference in subsection (5)(a) to F6the general limit in a magistrates’ court has effect as if it were a reference to six months.

(7)

Subsection (6) does not extend to Scotland.

Annotations

Textual amendments

F1: Word in s. 82(3) substituted (26.1.2009) by Pensions Act 2008 (c. 30), ss. 62(2), 149(1); S.I. 2009/82, art. 2(1)(a)
F2: Words in s. 82(5)(a) inserted (26.1.2009) by Pensions Act 2008 (c. 30), ss. 64(1), 149(1); S.I. 2009/82, art. 2(1)(a)
F3: Words in s. 82(5)(a) substituted (7.2.2023 at 12.00 p.m.) by The Judicial Review and Courts Act 2022 (Magistrates’ Court Sentencing Powers) Regulations 2023 (S.I. 2023/149), regs. 1(2), 2(1), Sch. Pt. 1 table
F4: S. 82(6)(7) inserted (26.1.2009) by Pensions Act 2008 (c. 30), ss. 64(2), 149(1); S.I. 2009/82, art. 2(1)(a)
F5: Words in s. 82(6) substituted (28.4.2022) by The Criminal Justice Act 2003 (Commencement No. 33) and Sentencing Act 2020 (Commencement No. 2) Regulations 2022 (S.I. 2022/500), regs. 1(2), 5(1), Sch. Pt. 1
F6: Words in s. 82(6) substituted (7.2.2023 at 12.00 p.m.) by The Judicial Review and Courts Act 2022 (Magistrates’ Court Sentencing Powers) Regulations 2023 (S.I. 2023/149), regs. 1(2), 2(1), Sch. Pt. 1 table

Modifications

C1: S. 82(2) modified (6.4.2005) by The Register of Occupational and Personal Pension Schemes Regulations 2005 (S.I. 2005/597), regs. 1(1), 5(3)

Commencement

I1: S. 82 in force at 6.4.2005 by S.I. 2005/275, art. 2(7), Sch. Pt. 7