Section 12 Restriction of disclosure of information.

(1)

If any person discloses any information—

(a)

which has been furnished to or obtained by him in connection with an application for consent, or the imposition of conditions, under this Act or the principal Act (including the variation of conditions, and references and applications to the Minister); or

(b)

which is derived from a sample of effluent taken for the purposes of this Act or the principal Act,

he shall be guilty of an offence, unless the disclosure is made—

C1(i)

with the consent of the person by whom the information was furnished or from whom it was obtained or, in the case of information derived from a sample of effluent, of the person making the discharge in question; or

(ii)

in connection with the execution of this Act or the principal Act; or

(iii)

for the purposes of any proceedings arising out of this Act or the principal Act (including references and applications to the Minister) or of any criminal proceedings whether so arising or not, or for the purpose of any report of any such proceedings.

(2)

A person guilty of an offence under the foregoing subsection shall be liable on summary conviction to a fine not exceeding F1level 3 on the standard scale or to imprisonment for a term not exceeding three months or to both.

(3)

Nothing in this section shall prevent the disclosure of information derived from a sample of the waters into which an effluent is discharged.

Annotations

Textual amendments

F1: Words substituted by virtue of Criminal Justice Act 1982 (c. 48, SIF 39:1), ss. 38, 46

Modifications

C1: S. 12(i)(ii) extended by Control of Pollution Act 1974 (c. 40), s. 109(2), Sch. 3 para. 17