Part 1 U.K.The National Consumer Council

InformationU.K.

29Disclosure of informationU.K.

(1)In Schedule 14 to the Enterprise Act 2002 (c. 40) (restrictions on disclosure: list of enactments under or by virtue of which information is obtained), at the appropriate place in the list insert— “ Consumers, Estate Agents and Redress Act 2007. ”

(2)In Schedule 15 to that Act (enactments in relation to which disclosure may be made), at the appropriate place in the list insert— “ Consumers, Estate Agents and Redress Act 2007. ”

(3)For the purposes of Part 9 of the Enterprise Act 2002 (c. 40) (information) the following information is to be regarded as “specified information” within the meaning of that Part—

(a)information obtained by the Council under or by virtue of Part 1 of the the Gas Act 1986 (c. 44), Part 1 of the Electricity Act 1989 (c. 29) or the Utilities Act 2000 (c. 27);

(b)information obtained by the Council under or by virtue of [F1the Postal Services Act 2011].

(4)Part 9 of the Enterprise Act 2002 (which among other things restricts the disclosure of certain information) does not limit the information which may be—

(a)made available by the Council under section 8 or 10,

(b)included in, or made public as part of, a report of the Council under any provision of this Part,

(c)published by the Council under section 19(2)F2...,

[F3(ca)published or made available by the Council under any of subsections (6) to (8) of section 19A,

(cb)published by the Council under section 24(8),]

(d)published by an authorised person under section 27(7),

(e)published by the Council under section 45, or

(f)published by the Council under section 33DA of the Gas Act 1986 or section 42AA of the Electricity Act 1989.

(5)Before disclosing any specified information by virtue of subsection (4) (other than by publishing it as mentioned in subsection (4)(e) or (f)), the Council or authorised person must consult—

(a)if the information relates to the affairs of an individual, that individual, and

(b)if the information relates to the business of an undertaking, the person for the time being carrying on the business.

(6)Before disclosing any specified information by virtue of subsection (4) (other than by publishing it as mentioned in subsection (4)(e) or (f)), the Council or authorised person must also have regard to the considerations set out in subsections (2) to (4) of section 244 of the Enterprise Act 2002.

For this purpose, references to “the authority” in those subsections are to be read as references to the Council or the authorised person, as appropriate.

(7)In this section—

• “authorised person” has the same meaning as in section 27;

• “specified information” has the meaning given by section 238(1) of the Enterprise Act 2002.