Section 73 — Protection of information

(1) This section applies in relation to information obtained by an inspector in connection with the inspector’s functions.

(2) The Secretary of State may, by regulations, make

(a) provision authorising the inspector to disclose the information to another person for a purpose specified in the regulations;

(b) other provision about how the information is to be dealt with.

(3) Such regulations may, in particular—

(a) permit or require the retention or destruction of the information;

(b) disapply any power under an enactment that might otherwise be used to obtain the information;

(c) make provision about the admissibility in judicial proceedings of the information;

(d) confer jurisdiction on a court or tribunal.

(4) Subsection (5) applies to—

(a) the inspector,

(b) any person who obtains the information on behalf of the inspector, and

(c) any person who obtains the information directly or indirectly from the inspector (other than by way of publication).

(5) It is an offence for the person to—

(a) disclose the information to any other person, or

(b) use the information for a purpose other than the purpose for which it was obtained,

except as authorised by or under this Part or any other enactment.

(6) But it is a defence to prove that—

(a) the person who provided the information to the inspector consented to the disclosure or use,

(b) the person to whom subsection (5) applies reasonably believed that the disclosure or use was lawful, or

(c) in the case of a disclosure, that the information had already lawfully been disclosed to the other person.

(7) A person who commits an offence under subsection (5) is liable—

(a) on summary conviction in England or Wales, to imprisonment for a term not exceeding the general limit in a magistrates’ court or a fine (or both);

(b) on summary conviction in Scotland, to imprisonment for a term not exceeding 12 months or a fine not exceeding the statutory maximum (or both);

(c) on conviction on indictment, to imprisonment for a term not exceeding 2 years or a fine (or both).