Part 4Miscellaneous
Information
109Unauthorised disclosure of information received under section 108
1
A person (“X”) who discloses information which he has received by virtue of subsection (2) or (4) of section 108 and which relates to a particular person commits an offence unless the information is disclosed—
a
in accordance with subsection (4) of that section,
b
in the course of any duty X has in connection with the exercise of functions relating to eligibility for education maintenance allowances,
c
in accordance with an enactment or an order of a court,
d
for the purpose of instituting, or otherwise for the purposes of, civil or criminal proceedings, or
e
with consent given by or on behalf of the person to whom the information relates.
2
It is a defence for a person charged with an offence under subsection (1) to prove that he reasonably believed that his disclosure was lawful.
3
A person guilty of an offence under subsection is liable—
a
on conviction on indictment, to imprisonment for a term not exceeding two years, to a fine or to both;
b
on summary conviction in England and Wales, to imprisonment for a term not exceeding F2the general limit in a magistrates’ court, to a fine not exceeding the statutory maximum or to both;
c
on summary conviction in Scotland or Northern Ireland, to imprisonment for a term not exceeding 6 months, to a fine not exceeding the statutory maximum or to both.
4
5
The reference in subsection (1)(c) to an enactment includes a reference to an enactment comprised in, or in an instrument made under—
a
an Act of the Scottish Parliament, or
b
any Northern Ireland legislation as defined in section 24(5) of the Interpretation Act 1978 (c. 30).