Energy Bill

House of Commons

Session 2013 - 14
Internet Publications
Other Bills before Parliament

Energy Bill

Energy Bill
Schedule 8 — Inspectors
Part 4 — Supplementary
145

(a)
“relevant information”, in relation to any premises, means—
(i)
factual information which is protected information within
the meaning of Schedule 9 and is relevant to the premises,
and
(ii)
information about action which the inspector has taken or
5
proposes to take in relation to the premises, and
(b)
“employee”, “employer” and “employed” have the same meanings
as in Part 1 of the 1974 Act.
Interpretation
24    (1)
In this Schedule—
10
“authorised” is to be read in accordance with paragraph 2(4);
“offshore installation” means any installation which is intended for
underwater exploitation of mineral resources or exploration with a
view to such exploitation;
“premises” includes any place and, in particular, includes—
15
(a)
any vehicle, ship or aircraft,
(b)
any installation on land (including the foreshore and other
land intermittently covered by water), any offshore
installation, and any other installation (whether floating, or
resting on the seabed or its subsoil, or resting on other land
20
covered with water or its subsoil), and
(c)
any tent or movable structure;
“relevant premises”, in relation to an inspector, means premises which
the inspector has entered—
(a)
with the consent of a person who reasonably appeared to the
25
inspector to be an appropriate person to give consent, or
(b)
in exercise of the power in paragraph 8;
“the relevant purpose”, in relation to a power, means—
(a)
if an instrument of appointment authorises the inspector to
exercise the power only for limited purposes, that purpose;
30
(b)
in any other case, the purpose of carrying into effect the
relevant statutory provisions;
“ship” includes every description of vessel used in navigation;
“substance” means any natural or artificial substance, whether solid or
liquid or in the form of a gas or vapour.
35
      (2)
In this Schedule, references to an inspector, in relation to any power, are to
the inspector exercising or proposing to exercise the power.

Energy Bill
Schedule 9 — Disclosure of information
Part 1 — Prohibition on disclosure of protected information
146

Schedule 9
Section 83

Disclosure of information
Part 1
Prohibition on disclosure of protected information
Meaning of “protected information” and related terms
5
1     (1)
In this Schedule “protected information” means information which has
been—
(a)
obtained by the ONR under section 80,
(b)
provided to the ONR or an inspector under section 81,
(c)
obtained by an inspector as a result of the exercise of any relevant
10
power,
(d)
obtained by a health and safety inspector in the exercise of any
power under section 20 of the 1974 Act (powers of persons appointed
under section 19 of that Act),
(e)
obtained by an ONR inquiry official as a result of the exercise of an
15
ONR inquiry power,
(f)
provided to a person pursuant to a requirement imposed by any of
the relevant statutory provisions, or
(g)
provided to the ONR or a health and safety inspector pursuant to a
requirement imposed by any provision which is one of the relevant
20
statutory provisions for the purposes of Part 1 of the 1974 Act.
      (2)
Information is not protected information for the purposes of this Schedule if
it has been—
(a)
disclosed as mentioned in paragraph 16, or
(b)
otherwise made available to the public—
25
(i)
by virtue of a disclosure in accordance with Part 3 of this
Schedule, or
(ii)
lawfully from other sources.
      (3)
Information received by virtue of a disclosure under paragraph 22
(anonymised information) is not protected information.
30
      (4)
Protected information includes, in particular, information with respect to a
trade secret which an inspector, a health and safety inspector or an ONR
inquiry official has obtained as a result of entering premises in exercise of a
relevant power, a power conferred under section 20 of the 1974 Act or an
ONR inquiry power.
35
      (5)
In this Schedule—
“ONR inquiry official” means a person on whom functions are
conferred under section 68(5)(a);
“ONR inquiry power” means a power conferred by regulations under
under section 68(5)(a);
40
“the original holder” of protected information means the person who
obtained the information, or to whom it was provided, as mentioned
in sub-paragraph (1).

Energy Bill
Schedule 9 — Disclosure of information
Part 2 — Offences relating to disclosure and use of protected information
147

Part 2
Offences relating to disclosure and use of protected information
Prohibition on disclosing protected information
2
Protected information must not be disclosed—
(a)
by the original holder of the information, or
5
(b)
by any other person holding it who has received it directly or
indirectly from the original holder by virtue of a disclosure, or
disclosures, in accordance with this Schedule,

except in accordance with Part 3 of this Schedule.
Offence of disclosing protected information in contravention of paragraph 2
10
3
It is an offence for a person to disclose information in contravention of
paragraph 2.
Offence of using protected information in contravention of a restriction in Part 3
4
It is an offence for a person to use protected information in contravention of
a restriction under paragraph 10(3), 11(2), 12(2), 13(2), 14(2) or 15(2).
15
Defence to offences under paragraph 3 and 4
5
It is a defence for a person charged with an offence under paragraph 3 or 4
to prove—
(a)
that the person did not know and had no reason to suspect that the
information was protected information, or
20
(b)
that the person took all reasonable precautions and exercised all due
diligence to avoid committing the offence.
Penalty for offences under paragraph 3 and 4
6     (1)
A person who commits an offence under paragraph 3 or 4 is liable—
(a)
on summary conviction—
25
(i)
to imprisonment for a term not exceeding 12 months (in
England and Wales or Scotland) or 6 months (in Northern
Ireland),
(ii)
to a fine not exceeding the statutory maximum, or
(iii)
to both;
30
(b)
on conviction on indictment—
(i)
to imprisonment for a term not exceeding 2 years,
(ii)
to a fine, or
(iii)
to both.
      (2)
In the application of sub-paragraph (1) to England and Wales in relation to
35
an offence committed before the commencement of section 154(1) of the
Criminal Justice Act 2003 (general limit on magistrates’ court’s power to
imprison), the reference in sub-paragraph (1)(a)(i) to 12 months is to be read
as a reference to 6 months.

Energy Bill
Schedule 9 — Disclosure of information
Part 3 — Protected information: permitted disclosures and restrictions on use
148

Part 3
Protected information: permitted disclosures and restrictions on use
Disclosure with appropriate consent
7     (1)
Paragraph 2 does not prohibit a disclosure of protected information if it is
made with the appropriate consent.
5
      (2)
For this purpose “the appropriate consent” means—
(a)
if the information was obtained as mentioned in paragraph 1(1) as a
result of any premises being entered—
(i)
by an inspector in exercise of a relevant power,
(ii)
by a health and safety inspector in exercise of a power under
10
section 20 of the 1974 Act, or
(iii)
by an ONR inquiry official in exercise of an ONR inquiry
power,

the consent of a person having responsibilities in relation to the
premises;
15
(b)
in any other case, the consent of the person from whom the
information was obtained, or who provided it, as mentioned in
paragraph 1(1).
Disclosure by ONR, inspectors etc
8
Paragraph 2 does not prohibit a disclosure of protected information by—
20
(a)
the ONR,
(b)
an inspector,
(c)
a health and safety inspector, or
(d)
an ONR inquiry official,

for the purposes of any of that person’s functions.
25
Disclosure to the ONR, inspectors etc.
9
Paragraph 2 does not prohibit a disclosure of protected information to—
(a)
the ONR,
(b)
an officer of the ONR,
(c)
a person or body performing any functions of the ONR on its behalf
30
by virtue of section 78,
(d)
an officer of such a body,
(e)
a person providing advice to the ONR,
(f)
an inspector, or
(g)
a health and safety inspector.
35
Ministers, government departments and certain authorities
10    (1)
Paragraph 2 does not prohibit the following disclosures of protected
information—
(a)
a disclosure to—
(i)
a relevant authority, or
40
(ii)
an officer of a relevant authority, or

Energy Bill
Schedule 9 — Disclosure of information
Part 3 — Protected information: permitted disclosures and restrictions on use
149

(b)
a disclosure by a person within paragraph (a) which is necessary for
any of the purposes of the relevant authority in question.
      (2)
For this purpose, “relevant authority” means—
(a)
a Minister of the Crown,
(b)
the Scottish Ministers,
5
(c)
the Welsh Ministers,
(d)
a Northern Ireland Department,
(e)
the Environment Agency,
(f)
the Scottish Environment Protection Agency,
(g)
the Office of Rail Regulation,
10
(h)
the Civil Aviation Authority, or
(i)
any other government department.
      (3)
A person within sub-paragraph (1)(a) to whom protected information is
disclosed by virtue of any provision of this Schedule may not use the
information for a purpose other than any of the purposes of the relevant
15
authority in question.
Health and safety etc
11    (1)
Paragraph 2 does not prohibit the following disclosures of protected
information—
(a)
a disclosure to a health and safety authority, or
20
(b)
a disclosure by a health and safety authority which is—
(i)
made by or with the consent of the Health and Safety
Executive, and
(ii)
necessary for any of the purposes of the Health and Safety
Executive.
25
      (2)
A health and safety authority to whom protected information is disclosed by
virtue of any provision of this Schedule may not use the information for any
purpose other than any of the purposes of the Health and Safety Executive.
      (3)
For this purpose, “health and safety authority” means—
(a)
the Health and Safety Executive,
30
(b)
an officer of the Health and Safety Executive,
(c)
a person or body performing any functions of the Health and Safety
Executive on its behalf by virtue of section 13(3) of the 1974 Act,
(d)
an officer of such a body,
(e)
an adviser appointed by that Executive under section 13(7) of that
35
Act, and
(f)
a person appointed by that Executive under section 19 of that Act as
an inspector within the meaning given in that section.
12    (1)
Paragraph 2 does not prohibit the following disclosures of protected
information—
40
(a)
a disclosure to a person with enforcement responsibilities;
(b)
a disclosure by such a person which is—
(i)
made by or with the consent of the enforcing authority in
question, and

Energy Bill
Schedule 9 — Disclosure of information
Part 3 — Protected information: permitted disclosures and restrictions on use
150

(ii)
is necessary for the purposes of any function which the
enforcing authority in question has in its capacity as an
enforcing authority.
      (2)
A person with enforcement responsibilities to whom protected information
is disclosed by virtue of any provision of this Schedule may not use the
5
information otherwise than for the purposes of any function which the
enforcing authority in question has in its capacity as such.
      (3)
For this purpose, “person with enforcement responsibilities” means—
(a)
an enforcing authority within the meaning of the 1974 Act, other than
the ONR or the Health and Safety Executive;
10
(b)
an officer of an authority within paragraph (a);
(c)
a person appointed by such an authority under section 19 of that Act
as an inspector within the meaning given in that section.
13    (1)
Paragraph 2 does not prohibit the following disclosures of protected
information—
15
(a)
a disclosure to a Northern Ireland health and safety authority;
(b)
a disclosure by a Northern Ireland health and safety authority which
is—
(i)
made by or with the consent of the Health and Safety
Executive for Northern Ireland, and
20
(ii)
necessary for any of the purposes of the Health and Safety
Executive for Northern Ireland.
      (2)
A Northern Ireland health and safety authority to whom protected
information is disclosed by virtue of any provision of this Schedule may not
use the information for any purpose other than any of the purposes of the
25
Health and Safety Executive for Northern Ireland.
      (3)
For this purpose, Northern Ireland health and safety authority means—
(a)
the Health and Safety Executive for Northern Ireland,
(b)
an officer of the Health and Safety Executive for Northern Ireland,
(c)
a person or body performing any functions of the Health and Safety
30
Executive for Northern Ireland on its behalf by virtue of Article
15(1)(a) of the Health and Safety at Work (Northern Ireland) Order
1978 (S.I. 1978/1039 (N.I. 9)),
(d)
an officer of such a body,
(e)
an adviser appointed by that Executive under Article 15(1)(c) of that
35
Order, and
(f)
a person appointed by that Executive under Article 21 of that Order
as an inspector within the meaning of that Article.
Local authorities and water authorities etc
14    (1)
Paragraph 2 does not prohibit the following disclosures of protected
40
information—
(a)
a disclosure by the original holder to an officer of a local authority or
relevant water authority who is authorised by the authority to
receive the information;
(b)
a disclosure by an officer of a local authority or relevant water
45
authority to whom the information is disclosed by virtue of
paragraph (a) which is necessary for a relevant purpose.

Energy Bill
Schedule 9 — Disclosure of information
Part 3 — Protected information: permitted disclosures and restrictions on use
151

      (2)
A person to whom information is disclosed by virtue of sub-paragraph (1)(a)
must not use the information for a purpose other than a relevant purpose.
      (3)
For the purposes of this paragraph—
“local authority” includes the following—
(a)
a joint authority established by Part 4 of the Local
5
Government Act 1985;
(b)
an authority established for an area in England by an order
under section 207 of the Local Government and Public
Involvement in Health Act 2007 (joint waste authorities);
(c)
an economic prosperity board established under section 88 of
10
the Local Democracy, Economic Development and
Construction Act 2009,
(d)
a combined authority established under section 103 of that
Act,
(e)
the London Fire and Emergency Planning Authority;
15
(f)
the Broads Authority;
(g)
a National Park authority;
“relevant water authority” means—
(a)
a water undertaker,
(b)
a sewerage undertaker,
20
(c)
a water authority,
(d)
a water development board, or
(e)
Scottish Water;
“relevant purpose” in relation to an officer of a local authority or
relevant water authority, means any purpose of the authority in
25
connection with—
(a)
any of the relevant statutory provisions or any of the
provisions which are relevant statutory provisions for the
purposes of Part 1 of the 1974 Act, or
(b)
any provision of, or made under, primary legislation which
30
relates to public health, public safety or the protection of the
environment.
Police
15    (1)
Paragraph 2 does not prohibit the following disclosures of protected
information—
35
(a)
a disclosure by the original holder to a constable authorised by a
chief officer of police to receive it;
(b)
a disclosure by a constable to whom it is disclosed by virtue of
paragraph (a) which is necessary for any of the purposes of the police
in connection with—
40
(i)
the relevant statutory provisions, or
(ii)
any provision of, or made under, primary legislation which
relates to public health, public safety or national security.
      (2)
A constable to whom information is disclosed by virtue of sub-paragraph (1)
must not use the information for a purpose other than a purpose of the police
45
in connection with—