Section 119.
1(1)This Schedule applies to information if—U.K.
(a)it was obtained by virtue of this Act (other than section 62 or 118), and
(b)it relates to the affairs of an individual or to a particular business.
(2)The information shall not be disclosed during the lifetime of the individual or so long as the business is carried on, except as provided below.
2U.K.Paragraph 1(2) does not apply to a disclosure made with the consent of the individual or the person for the time being carrying on the business.
3(1)Paragraph 1(2) does not apply to a disclosure made—
(a)for the purpose of facilitating the carrying out by the Secretary of State, the Treasury, the Commission, the Competition Commission or the Council of any of his or their functions under this Act,
(b)for the purpose of facilitating the carrying out by a person or body mentioned in sub-paragraph (2) of any of his or its functions under an enactment or instrument specified in sub-paragraph (3),
(c)for the purpose of enabling or assisting the Secretary of State, the Treasury, the Department for Enterprise, Trade and Investment in Northern Ireland or the Department of Finance and Personnel in Northern Ireland to exercise any powers conferred by the M1Financial Services Act 1986 or by the enactments relating to companies, insurance companies or insolvency,
(d)for the purpose of enabling or assisting an inspector appointed under the enactments relating to companies to carry out his functions,
(e)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 M2Insolvency Act 1986 or Article 350 of the M3Insolvency (Northern Ireland) Order 1989 to carry out its functions,
(f)for the purpose of facilitating the carrying out by the Health and Safety Commission or 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 M4Health and Safety at Work etc. Act 1974) of any functions under a relevant statutory provision (within the meaning of that Act),
(g)for the purpose of facilitating the carrying out by the Health and Safety Executive for Northern Ireland 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 M5Health and Safety at Work (Northern Ireland) Order 1978) of any function under a relevant statutory provision (within the meaning of that Order),
(h)for the purpose of facilitating the carrying out by the Comptroller and Auditor General, or the Comptroller and Auditor General for Northern Ireland, of any of his functions under any enactment,
(i)in connection with the investigation of any criminal offence or for the purposes of any criminal proceedings,
(j)for the purposes of any civil proceedings brought by virtue of this Act or any enactment or instrument specified in sub-paragraph (3),
(k)in pursuance of a Community obligation,
(l)by the Secretary of State, or with his consent, to an international organisation of which the United Kingdom is a member,
(m)in connection with negotiations conducted by officers of the Secretary of State with representatives of the government of a country or territory outside the United Kingdom,
(n)in connection with the discharge of an obligation of the United Kingdom under international arrangements.
(2)The persons and bodies are—
(a)any Minister of the Crown,
(b)any Northern Ireland department,
(c)any Northern Ireland Minister,
(d)the Director General of Fair Trading,
(e)the Competition Commission,
(f)the Director General of Telecommunications,
(g)the Independent Television Commission,
(h)the Director General of Gas Supply,
(i)the Director General of Gas for Northern Ireland,
(j)the Director General of Water Services,
(k)the Water Appeals Commission for Northern Ireland,
(l)the Director General of Electricity Supply,
(m)the Director General of Electricity Supply for Northern Ireland,
(n)the Coal Authority,
(o)the Civil Aviation Authority,
(p)the Rail Regulator,
(q)the Insolvency Practitioners Tribunal,
(r)a local weights and measures authority in Great Britain.
(3)The enactments and instruments are—
(a)the M6Trade Descriptions Act 1968,
(b)the M7Fair Trading Act 1973,
(c)the M8Consumer Credit Act 1974,
(d)the M9Estate Agents Act 1979,
(e)the M10Competition Act 1980,
(f)the M11Telecommunications Act 1984,
(g)the M12Airports Act 1986,
(h)the M13Gas Act 1986,
(i)the M14Insolvency Act 1986,
(j)the M15Consumer Protection Act 1987,
(k)the M16Electricity Act 1989,
(l)the M17Broadcasting Act 1990,
(m)the M18Property Misdescriptions Act 1991,
(n)the M19Water Industry Act 1991,
(o)the M20Water Resources Act 1991,
(p)the M21Railways Act 1993,
(q)the M22Coal Industry Act 1994,
(r)the M23Broadcasting Act 1996,
(s)the M24Competition Act 1998,
(t)the M25Water and Sewerage Services (Northern Ireland) Order 1973,
(u)the M26Audit (Northern Ireland) Order 1987,
(v)the M27Consumer Protection (Northern Ireland) Order 1987,
(w)the M28Insolvency (Northern Ireland) Order 1989,
(x)the M29Electricity (Northern Ireland) Order 1992,
(y)Part IV of the M30Airports (Northern Ireland) Order 1994,
(z)the M31Gas (Northern Ireland) Order 1996,
(aa)the M32EC Competition Law (Articles 88 and 89) Enforcement Regulations 1996,
(bb)the M33Water (Northern Ireland) Order 1999,
(cc)any subordinate legislation made for the purpose of securing compliance with the Directive of the Council of the European Communities dated 10th September 1984 (No. 84/450/EEC) on the approximation of the laws, regulations and administrative provisions of the member States concerning misleading advertising.
Commencement Information
I1Sch. 7 para. 3 wholly in force; Sch. 7 para. 3 not in force at Royal Assent see s. 130; Sch. 7 para. 3(1)(b)-(n)(2)(3) in force and Sch. 7 para. 3(1)(a) in force for specified purposes at 6.11.2000 and Sch. 7 para. 3(1)(a) in force for further specified purposes at 1.1.2001 and in force insofar as not already in force at 26.3.2001 by S.I. 2000/2957, art. 2(1)-(3), Schs. 1, 2, 3 (with transitional provisions in arts. 3-8)
Marginal Citations
M30S.I. 1994/426 (N.I. 1.)
M31S.I. 1996/275 (N.I. 2.).
4U.K.The Secretary of State may by order modify paragraph 3.
5(1)Paragraph 1(2) does not limit the information which may be—U.K.
(a)included in, or made public as a part of, a report on a reference under section 15,
(b)included in, or made public as part of, a report under section 45, 55 or 57,
(c)published by the Commission under section 46, or
(d)made available by the Council under section 52, 53 or 59 or the Commission under section 58.
(2)Sub-paragraph (1) is without prejudice to any other exception to paragraph 1(2).
(3)Paragraph 1(2) does not apply to information which has been made available to the public by being disclosed in circumstances in which, or for a purpose for which, disclosure is not precluded by this Schedule.
6(1)A person commits an offence if he discloses information in contravention of this Schedule.U.K.
(2)A person who commits an offence under sub-paragraph (1) shall be liable—
(a)on summary conviction, to a fine not exceeding the statutory maximum,
(b)on conviction on indictment, to a fine or to imprisonment for a term not exceeding two years or to both.