HL Deb 24 October 1990 vol 522 c1420

102 After Clause 45, insert the following clause:—

Restrictions on disclosure of information

'.—(1) Subject to section (Exceptions from restrictions on disclosure), restricted information which relates to the business or other affairs of any person shall not be disclosed—

  1. (a) by the Board or any member of its staff;
  2. (b) by any person appointed as an investigator under section (Investigations on behalf of Board) or any officer or servant of his; or
  3. (c) by any person obtaining it directly or indirectly from a person mentioned in paragraph (a) or (b),
without the consent of the person from whom it was obtained and, if they are different, the person to whom it relates.

(2) Subject to subsection (3), information is restricted information for the purposes of this section if it was obtained (whether or not in response to any requirement that it be provided) for the purposes of, or in the discharge of functions under, any provision made by or under this Act.

(3) Information shall not be treated as restricted information for the purposes of this section if it has been made available to the public by virtue of being disclosed in any circumstances in which, or for any purpose for which, disclosure is not prevented by this section.

(4) Any person who contravenes this section shall be guilty of an offence and liable—

  1. (a) on conviction on indictment, to imprisonment for a term not exceeding two years or to a fine or to both;
  2. (b) on summary conviction, to a fine not exceeding the statutory maximum.'.

The Lord Chancellor

My Lords, I beg to move that the House do agree with the Commons in their Amendment No. 102.

Moved, That the House do agree with the Commons in their Amendment No. 102—(The Lord Chancellor.)