Paragraph 13 I1

England and Wales

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

Sch. 10 para. 1(1)(a) omitted by Bus Services (Wales) Act 2026 Sch. para. 3(8)(a)(i)
Sch. 10 para. 1(1)(b) omitted by Bus Services (Wales) Act 2026 Sch. para. 3(8)(a)(ii)
Sch. 10 para. 1(2)(a) omitted by Bus Services (Wales) Act 2026 Sch. para. 3(8)(b)(i)
Sch. 10 para. 1(2)(b) omitted by Bus Services (Wales) Act 2026 Sch. para. 3(8)(b)(ii)
Sch. 10 para. 12(2)(b) words omitted by Bus Services (Wales) Act 2026 Sch. para. 3(8)(c)
Sch. 10 para. 17(5)(c) words omitted by Bus Services (Wales) Act 2026 Sch. para. 3(8)(d)

(1)

No information which—

(a)

has been obtained by the F1CMA in connection with F2its functions under F3this Part of this Schedule, and

(b)

relates to the affairs of any individual or to any particular business,

is to be disclosed during the lifetime of that individual or while that business continues to be carried on, unless the condition mentioned in sub-paragraph (2) is satisfied.

(2)

The condition is that consent to the disclosure has been obtained from—

(a)

the person from whom the information was obtained, and

(b)

if different, the individual to whose affairs the information relates or the person for the time being carrying on the business to which the information relates.

C1(3)

Sub-paragraph (1) does not apply to a disclosure of information—

(a)

made for the purpose of facilitating the performance of any function of the CMA, a traffic commissioner or the F4Office of Rail and Road,

(b)

made for the purpose of facilitating the performance of any function of the European Commission in respect of F5EU law about competition,

(c)

made for the purpose of criminal proceedings in any part of the United Kingdom or in connection with the investigation of a criminal offence triable in any part of the United Kingdom, or

(d)

made in compliance with the order of a court or tribunal.

(4)

If information is disclosed to the public in circumstances in which the disclosure does not contravene sub-paragraph (1), that sub-paragraph does not prevent its further disclosure by any person.

(5)

A person who contravenes this paragraph is guilty of an offence and liable on summary conviction to a fine not exceeding level 5 on the standard scale.

Annotations

Textual amendments

F1: Word in Sch. 10 paras. 12-14 substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 6 para. 96(4); S.I. 2014/416, art. 2(1)(d) (with Sch.)
F2: Word in Sch. 10 paras. 13-15 substituted (1.4.2003) by Enterprise Act 2002 (c. 40), s. 279, Sch. 25 para. 44(12)(k); S.I. 2003/766, art. 2, Sch. (with art. 3) (as amended (20.7.2007) by S.I. 2007/1846, reg. 3(2), Sch.)
F3: Words in Sch. 10 para. 13(1) inserted (9.2.2009 for E., 1.4.2009 for W.) by Local Transport Act 2008 (c. 26), s. 134(4), Sch. 2 para. 10; S.I. 2009/107, art. 2(2), Sch. 2 Pt. 1; S.I. 2009/579, art. 2(d)
F4: Words in Sch. 10 para. 13(3)(a) substituted (16.10.2015) by The Office of Rail Regulation (Change of Name) Regulations 2015 (S.I. 2015/1682), reg. 1(2), Sch. para. 4(p)(iv)
F5: Words in Act substituted (22.4.2011) by The Treaty of Lisbon (Changes in Terminology) Order 2011 (S.I. 2011/1043), arts. 2, 3, 6 (with arts. 3(2)(3), 4(2), 6(4)(5))

Modifications

C1: Sch. 10 para. 13(3): Disclosure powers extended (14.12.2001) by 2001 c. 24, ss. 17, 127(2)(a), Sch. 4 Pt. I para. 53(2)

Commencement

I1: Sch. 10 para. 13 wholly in force at 1.8.2001; Sch. 10 para. 13 not in force at Royal Assent see s. 275(1); Sch. 10 para. 13 in force (E.) at 1.2.2001 by S.I. 2001/57, art. 3(2), Sch. 3 Pt. I (subject to the savings in Sch. 3 Pt. II); Sch. 10 para. 13 in force (W.) at 1.8.2001 by S.I. 2001/2788, art. 2, Sch. 1 para. 8

Notes on Part 1

Textual amendments

F1: Sch. 10 Pt. 1 heading substituted (9.2.2009 for E., 1.4.2009 for W.) by Local Transport Act 2008 (c. 26), s. 134(4), Sch. 2 para. 2; S.I. 2009/107, art. 2(2), Sch. 2 Pt. 1; S.I. 2009/579, art. 2(d)