(1)Information held by ACAS shall not be disclosed if the information—
(a)relates to a worker, an employer of a worker or a trade union (a “relevant person”), and
(b)is held by ACAS in connection with the provision of a service by ACAS or its officers.
This is subject to subsection (2).
(2)Subsection (1) does not prohibit the disclosure of information if—
(a)the disclosure is made for the purpose of enabling or assisting ACAS to carry out any of its functions under this Act,
(b)the disclosure is made for the purpose of enabling or assisting an officer of ACAS to carry out the functions of a conciliation officer under any enactment,
(c)the disclosure is made for the purpose of enabling or assisting—
(i)a person appointed by ACAS under section 210(2), or
(ii)an arbitrator or arbiter appointed by ACAS under any enactment,
to carry out functions specified in the appointment,
[F2(ca)the disclosure is made for the purpose of enabling or assisting an enforcement officer within the meaning of Part 2A of the Employment Tribunals Act 1996 to carry out the officer's functions under that Part;]
(d)the disclosure is made for the purposes of a criminal investigation or criminal proceedings (whether or not within the United Kingdom),
(e)the disclosure is made in order to comply with a court order,
(f)the disclosure is made in a manner that ensures that no relevant person to whom the information relates can be identified, or
(g)the disclosure is made with the consent of each relevant person to whom the information relates.
(3)Subsection (2) does not authorise the making of a disclosure which contravenes [F3the data protection legislation].
(4)A person who discloses information in contravention of this section commits an offence and is liable on summary conviction to a fine not exceeding level 5 on the standard scale.
(5)Proceedings in England and Wales for an offence under this section may be instituted only with the consent of the Director of Public Prosecutions.
(6)For the purposes of this section information held by—
(a)a person appointed by ACAS under section 210(2) in connection with functions specified in the appointment, or
(b)an arbitrator or arbiter appointed by ACAS under any enactment in connection with functions specified in the appointment,
is information that is held by ACAS in connection with the provision of a service by ACAS.]
[F4(7)In this section, “the data protection legislation” has the same meaning as in the Data Protection Act 2018 (see section 3 of that Act).]
Textual Amendments
F1S. 251B inserted (25.4.2013) by Enterprise and Regulatory Reform Act 2013 (c. 24), ss. 10, 103(1) (with s. 24(1))
F2S. 251B(2)(ca) inserted (6.4.2016) by Small Business, Enterprise and Employment Act 2015 (c. 26), ss. 150(7), 164(1) (with s. 150(8)); S.I. 2016/321, reg. 3(d)
F3Words in s. 251B(3) substituted (25.5.2018) by Data Protection Act 2018 (c. 12), s. 212(1), Sch. 19 para. 40(2) (with ss. 117, 209, 210); S.I. 2018/625, reg. 2(1)(g)
F4S. 251B(7) inserted (25.5.2018) by Data Protection Act 2018 (c. 12), s. 212(1), Sch. 19 para. 40(3) (with ss. 117, 209, 210); S.I. 2018/625, reg. 2(1)(g)