241ACivil proceedings

1

A public authority which holds prescribed information to which section 237 applies may disclose that information to any person—

a

for the purposes of, or in connection with, prescribed civil proceedings (including prospective proceedings) in the United Kingdom or elsewhere, or

b

for the purposes of obtaining legal advice in relation to such proceedings, or

c

otherwise for the purposes of establishing, enforcing or defending legal rights that are or may be the subject of such proceedings.

2

Subsection (1) does not apply to—

a

information which comes to a public authority in connection with an investigation under Part 4, 5 or 6 of the 1973 Act or under section 11 of the Competition Act 1980;

b

competition information within the meaning of section 351 of the Financial Services and Markets Act 2000;

c

information which comes to a public authority in connection with an investigation under Part 3 or 4 or section 174 of this Act;

d

information which comes to a public authority in connection with an investigation under the Competition Act 1998 (c. 41).

3

In subsection (1) “prescribed” means prescribed by order of the Secretary of State.

4

An order under this section—

a

may prescribe information, or civil proceedings, for the purposes of this section by reference to such factors as appear to the Secretary of State to be appropriate;

b

may prescribe for the purposes of this section all information, or civil proceedings, or all information or civil proceedings not falling within one or more specified exceptions;

c

must be made by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament.

5

Information disclosed under this section must not be used by the person to whom it is disclosed for any purpose other than those specified in subsection (1).