Regulation 4 Authorisation of disclosures

United Kingdom

(1)

On the application of any person or otherwise, the F1appropriate authority may authorise–

(a)

any individual disclosure; or

(b)

any class of disclosure,

which would otherwise be prohibited by regulation 2.

(2)

An authorisation–

(a)

in the case of an application, shall be granted by written notice to the applicant, and such other persons as the appropriate authority thinks fit;

(b)

in any other case, shall be granted by written notice to such persons as the appropriate authority thinks fit; and

(c)

in any case, may be granted for such duration and subject to such conditions as the appropriate authority thinks fit.

(3)

The appropriate authority may require–

(a)

the provision in writing by the applicant for an authorisation of such additional information as F2the authority may consider necessary to enable F3the authority to decide whether to grant the authorisation; and

(b)

the verification of any information provided by the applicant in connection with the application in such manner as the appropriate authority may specify.

(4)

Where on an application for an authorisation the appropriate authority proposes not to grant the authorisation, the authority shall give the applicant written notice of F4the authority’s proposal and of the reasons for it.

(5)

The applicant may make written representations to the appropriate authority within the period of 28 days following the date on which the notice under paragraph (4) is given.

(6)

The appropriate authority shall take into account any such representations before deciding whether to grant the authorisation.

(7)

If the appropriate authority decides not to grant the authorisation, the authority shall give the applicant written notice of F5the authority’s decision and of the reasons for it.

(8)

This paragraph applies where the applicant for an authorisation–

(a)

makes any statement or provides any information which is false or misleading in a material particular; or

(b)

omits any information which is material to his application;

and the authorisation is granted.

(9)

In any circumstances to which paragraph (8) applies–

(a)

as regards the applicant, the authorisation shall be void from the time it was granted;

(b)

as regards any other person, the authorisation shall be void from the time he knew or should reasonably have become aware of those circumstances.

Annotations

Textual amendments

F1: Words in reg. 4 substituted (1.4.2014) by The Energy Act 2013 (Office for Nuclear Regulation) (Consequential Amendments, Transitional Provisions and Savings) Order 2014 (S.I. 2014/469), art. 1(2), Sch. 3 para. 25(1)(a) (with Sch. 4)
F2: Words in reg. 4 substituted (1.4.2014) by The Energy Act 2013 (Office for Nuclear Regulation) (Consequential Amendments, Transitional Provisions and Savings) Order 2014 (S.I. 2014/469), art. 1(2), Sch. 3 para. 25(1)(b) (with Sch. 4)
F3: Words in reg. 4 substituted (1.4.2014) by The Energy Act 2013 (Office for Nuclear Regulation) (Consequential Amendments, Transitional Provisions and Savings) Order 2014 (S.I. 2014/469), art. 1(2), Sch. 3 para. 25(1)(c) (with Sch. 4)
F4: Words in reg. 4(4) substituted (1.4.2014) by The Energy Act 2013 (Office for Nuclear Regulation) (Consequential Amendments, Transitional Provisions and Savings) Order 2014 (S.I. 2014/469), art. 1(2), Sch. 3 para. 25(2) (with Sch. 4)
F5: Words in reg. 4(7) substituted (1.4.2014) by The Energy Act 2013 (Office for Nuclear Regulation) (Consequential Amendments, Transitional Provisions and Savings) Order 2014 (S.I. 2014/469), art. 1(2), Sch. 3 para. 25(2) (with Sch. 4)