Part III: Miscellaneous, General and Supplemental Provisions
Subject to the following provisions of this section, no information with respect to any particular business which—
has been obtained under or by virtue of any of the provisions of this Act; and
relates to the affairs of any individual or to any particular business,
shall, during the lifetime of that individual or so long as that business continues to be carried on, be disclosed without the consent of that individual or the person for the time being carrying on that business.
Subsection (1) above does not apply to any disclosure of information which is made—
for the purpose of facilitating the carrying out by the Secretary of State , the Welsh Ministers, the Scottish Ministers, the Office of Rail and Road, . . . or the Competition and Markets Authority of any of his or, as the case may be, their functions under this Act, the Transport Act 2000 or the Railways Act 2005;
for the purpose of facilitating the carrying out or carrying on by the Secretary of State , the Welsh Ministers or the Scottish Ministers of any other functions or activities of his or theirs in relation to railways or railway services;
for the purpose of facilitating the carrying out by—
a local weights and measures authority in Great Britain,
of any of his or, as the case may be, their functions under any of the enactments or instruments specified in subsection (3) below;
for the purpose of enabling or assisting the Secretary of State, the Treasury, the Financial Conduct Authority or the Prudential Regulation Authority to exercise any powers conferred by or under the Financial Services and Markets Act 2000, by or under the Consumer Credit Act 1974 or by the enactments relating to companies or insolvency;
for the purpose of enabling or assisting any inspector appointed under enactments relating to companies to carry out his functions;
for the purpose of enabling or assisting an official receiver to carry out his functions under the enactments relating to insolvency or for the purpose of enabling or assisting a recognised professional body for the purposes of section 391 of the Insolvency Act 1986 to carry out its functions as such;
for the purpose of facilitating the carrying out by ... the Health and Safety Executive of any of its functions under any enactment or of facilitating the carrying out by any enforcing authority, within the meaning of Part I of the Health and Safety at Work etc. Act 1974, of any functions under a relevant statutory provision, within the meaning of that Act;
for the purpose of facilitating the carrying out by the Office for Nuclear Regulation of any of its functions under any enactment;
for the purpose of facilitating the carrying out by the Comptroller and Auditor General of any of his functions under any enactment;
for the purpose of facilitating the carrying out by the Office of Rail Regulation of any of its functions, in respect of the tunnel system (within the meaning of the Channel Tunnel Act 1987), under any instrument made for the purpose of implementing Directive 2012/34/EU of the European Parliament and of the Council dated 21st November 2012 establishing a single European railway area,;
in connection with the investigation of any criminal offence or for the purposes of any criminal proceedings;
for the purposes of any civil proceedings brought under or by virtue of this Act or any of the enactments or instruments specified in subsection (3) below; or
in pursuance of an EU obligation.
The enactments and instruments referred to in subsection (2) above are—
any subordinate legislation made for the purpose of securing compliance with Directive 2006/114/EC of the European Parliament and of the Council of 12 December 2006 concerning misleading and comparative advertising
Part 1 of the Civil Aviation Act 2012
Parts 3 and 4 of the Enterprise and Regulatory Reform Act 2013
the Water Act 2003;
the Water Act 2014;
the following provisions of the Digital Markets, Competition and Consumers Act 2024—
Part 3;
Chapter 1 of Part 4;
Chapter 2 of Part 5.
The Secretary of State may by order provide that subsections (2) and (3) above shall have effect subject to such modifications as are specified in the order.
Nothing in subsection (1) above shall be construed—
as limiting the matters which may be published under section 71 above or may be included in, or made public as part of, a report of the Office of Rail and Road, . . . , the Competition and Markets Authority, or the Passengers' Council under any provision of Part I above;
as applying to any information—
which has been so published or has been made public as part of such a report; or
which has otherwise been made available to the public by virtue of being disclosed in any circumstances in which, or for any purpose for which, disclosure is not precluded by this section.
Subsection (1) above does not prevent the transfer of records in accordance with section 3(4) of the Public Records Act 1958.
Any person who discloses any information in contravention of this section is guilty of an offence and shall be liable—
on summary conviction, to a fine not exceeding the statutory maximum;
on conviction on indictment, to imprisonment for a term not exceeding two years or to a fine or to both.
Information obtained by the Office of Rail and Road in the exercise of functions which are exercisable concurrently with the Competition and Markets Authority under Part I of the Competition Act 1998 is subject to Part 9 of the Enterprise Act 2002 (Information) (disclosure) and not to subsections (1) to (6) of this section.
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