HL Deb 20 March 1997 vol 579 cc1128-30

98 After Clause 113, insert the following new clause—

OFFENCES: FALSIFICATION, &C

(".—(1) A person commits an offence if. with intent to deceive, he—

  1. (a) makes a false certificate under this Part,
  2. (b) alters a certificate under this Part,
  3. (c) uses a certificate under this Part which relates to another person in a way which suggests that it relates to himself, or
  4. (d) allows a certificate under this Part which relates to him to be used by another person in a way which suggests that it relates to that other person.

(2) A person commits an offence if he knowingly makes a false statement for the purpose of obtaining, or enabling another person to obtain, a certificate under this Part.

(3) A person who is guilty of an offence under this section shall be liable on summary conviction to imprisonment for a term not exceeding six months or to a fine not exceeding level 5 on the standard scale, or to both.")

99 After Clause 113, insert the following new clause—

OFFENCES: DISCLOSURE

(".—(1) A member, officer or employee of a body registered under section 110 commits an offence if he discloses information provided following an application under section 104 or 105 unless he discloses it, in the course of his duties,—

  1. (a) to another member, officer or employee of the registered body,
  2. (b) to a member, officer or employee of a body at the request of which the registered body countersigned the application, or
  3. (c) to an individual at whose request the registered body countersigned the relevant application.

(2) Where information is provided under section 104 or 105 following an application countersigned at the request of a body which is not registered under section 110, a member, officer or employee of the body commits an offence if he discloses the information unless he discloses it, in the course of his duties, to another member, officer or employee of that body.

(3) Where information is provided under section 104 or 105 following an application countersigned by or at the request of an individual—

  1. (a) the individual commits an offence if he discloses the information unless he discloses it to an 1129 employee of his for the purpose of the employee's duties, and
  2. (b) an employee of the individual commits an offence if he discloses the information unless he discloses it, in the course of his duties, to another employee of the individual.

(4) Where information provided under section 104 or 105 is disclosed to a person and the disclosure—

  1. (a) is an offence under this section, or
  2. (b) would be an offence under this section but for subsection (5) or (6)(a), (d), (e) or (f),
the person to whom the information is disclosed commits an offence (subject to subsections (5) and (6)) if he discloses it to any other person.

(5) Subsections (1) to (4) do not apply to a disclosure of information provided in accordance with section 105(8) which is made with the written consent of the chief officer who provided the information.

(6) Subsections (1) to (4) do not apply to a disclosure of information contained in a certificate under section 104 or 105 which is made—

  1. (a) with the written consent of the applicant for the certificate, or
  2. (b) to a government department, or
  3. (c) to a person appointed to an office by virtue of any enactment, or
  4. (d) in accordance with an obligation to provide information under or by virtue of any enactment, or
  5. (e) for the purposes of answering an exempted question (within the meaning of section 104) of a kind specified in regulations made by the Secretary of State, or
  6. (f) for some other purpose specified in regulations made by the Secretary of State.

(7) A person who is guilty of an offence under this section shall be liable on summary conviction to imprisonment for a term not exceeding six months or to a fine not exceeding level 3 on the standard scale, or to both.")

100 Clause 115, page 48, line 23, at end insert—

(""government department" includes a Northern Ireland department:

"Minister of the Crown" includes a Northern Ireland department;")

101 After Clause 115, insert the following new clause—

SAVING: DISCLOSURE OF INFORMATION AND RECORDS

(". Nothing in sections 103 to 109 shall he taken to prejudice any power which exists apart from this Act to disclose information or to make records available.")

Baroness Blatch

My lords, I beg to move that the House do agree with the Commons in their Amendments Nos. 98 to 101 en bloc.

Moved, That the House do agree with the Commons in their Amendments Nos. 98 to 101.—(Baroness Blotch.)

On Question, Motion agreed to.