No person with whom arrangements have been made under section 1(1) of this Act shall provide or make available to anyone else (whether for consideration or not) any information held in connection with public sector student loans if the information is to be used for soliciting custom for goods or services.

No person making or proposing to make subsidised private sector student loans shall provide or make available to anyone else (whether for consideration or not) any information held in connection with such loans if the information is to be used for soliciting custom for goods or services; but this sub-paragraph does not prevent a member of a group (within the meaning of Part VII of the M1Companies Act 1985) providing or making available information to another member of the group.

As respects information constituting personal data for the purposes of the M2Data Protection Act 1984 F3sub-paragraphs (1) and (1A) above are without prejudice to the requirements of that Act but F3apply irrespective of any consent given for the purposes of that Act by the person to whom the information relates.