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SCHEDULE 6
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DISCLOSURE OF INFORMATION |
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Prohibition on disclosure |
| | 1. - (1) This Schedule applies to information if-
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(a) it was obtained by virtue of this Act, and |
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(b) it relates to the affairs of an individual or to a particular business. |
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(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.
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Disclosure with consent |
| | 2. 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.
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Other permitted disclosures |
| | 3. - (1) Paragraph 1(2) does not apply to a disclosure made-
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(a) for the purpose of facilitating the carrying out by the Secretary of State, the Commission, the Competition Commission or the Council of any of his or their functions under this Act, |
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(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), |
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(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 Financial Services Act 1986 or by the enactments relating to companies, insurance companies or insolvency, |
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(d) for the purpose of enabling or assisting an inspector appointed under the enactments relating to companies to carry out his functions, |
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(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 Insolvency Act 1986 or Article 350 of the Insolvency (Northern Ireland) Order 1989 to carry out its functions, |
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(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 Health and Safety at Work etc. Act 1974) of any functions under a relevant statutory provision (within the meaning of that Act), |
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(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 Health and Safety at Work (Northern Ireland) Order 1978) of any function under a relevant statutory provision (within the meaning of that Order), |
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(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, |
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(i) in connection with the investigation of any criminal offence or for the purposes of any criminal proceedings, |
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(j) for the purposes of any civil proceedings brought by virtue of this Act or any enactment or instrument specified in sub-paragraph (3), |
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(k) in pursuance of a Community obligation, |
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(l) by the Secretary of State, or with his consent, to an international organisation of which the United Kingdom is a member, |
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(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, |
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(n) in connection with the discharge of an obligation of the United Kingdom under international arrangements. |
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(2) The persons and bodies are-
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(a) any Minister of the Crown, |
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(b) any Northern Ireland department, |
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(c) any Northern Ireland Minister, |
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(d) the Director General of Fair Trading, |
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(e) the Competition Commission, |
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(f) the Director General of Telecommunications, |
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(g) the Independent Television Commission, |
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(h) the Director General of Gas Supply, |
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(i) the Director General of Gas for Northern Ireland, |
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(j) the Director General of Water Services, |
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(k) the Water Appeals Commission for Northern Ireland, |
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(l) the Director General of Electricity Supply, |
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(m) the Director General of Electricity Supply for Northern Ireland, |
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(o) the Civil Aviation Authority, |
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(q) the Insolvency Practitioners Tribunal, |
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(r) a local weights and measures authority in Great Britain. |
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(3) The enactments and instruments are-
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(a) the Trade Descriptions Act 1968, |
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(b) the Fair Trading Act 1973, |
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(c) the Consumer Credit Act 1974, |
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(d) the Estate Agents Act 1979, |
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(e) the Competition Act 1980, |
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(f) the Telecommunications Act 1984, |
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(g) the Airports Act 1986, |
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(i) the Insolvency Act 1986, |
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(j) the Consumer Protection Act 1987, |
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(k) the Electricity Act 1989, |
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(l) the Broadcasting Act 1990, |
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(m) the Property Misdescriptions Act 1991, |
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(n) the Water Industry Act 1991, |
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(o) the Water Resources Act 1991, |
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(p) the Railways Act 1993, |
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(q) the Coal Industry Act 1994, |
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(r) the Broadcasting Act 1996, |
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(s) the Competition Act 1998, |
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(t) the Water and Sewerage Services (Northern Ireland) Order 1973, |
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(u) the Audit (Northern Ireland) Order 1987, |
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(v) the Consumer Protection (Northern Ireland) Order 1987, |
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(w) the Insolvency (Northern Ireland) Order 1989, |
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(x) the Electricity (Northern Ireland) Order 1992, |
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(y) Part IV of the Airports (Northern Ireland) Order 1994, |
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(z) the Gas (Northern Ireland) Order 1996, |
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(aa) the EC Competition Law (Articles 88 and 89) Enforcement Regulations 1996, |
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(bb) the Water (Northern Ireland) Order 1999, |
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(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. |
| | 4. The Secretary of State may by order modify paragraph 3.
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Other exceptions |
| | 5. - (1) Paragraph 1(2) does not limit the information which may be-
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(a) included in, or made public as a part of, a report on a reference under section 15, |
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(b) entered in a register under section 38, |
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(c) included in, or made public as part of, a report under section 44, 54 or 56, |
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(d) published by the Commission under section 45, or |
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(e) made available by the Council under section 51, 52 or 58 or the Commission under section 57. |
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(2) 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.
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Offence |
| | 6. - (1) A person commits an offence if he discloses information in contravention of this Schedule.
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(2) A person who commits an offence under sub-paragraph (1) shall be liable-
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(a) on summary conviction, to a fine not exceeding the statutory maximum, |
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(b) on conviction on indictment, to a fine or to imprisonment for a term not exceeding two years or to both. |
