SCHEDULES
SCHEDULE 9Disclosure of information
PART 3Protected information: permitted disclosures and restrictions on use
Health and safety etc
I111
1
Paragraph 2 does not prohibit the following disclosures of protected information—
a
a disclosure to a health and safety authority, or
b
a disclosure by a health and safety authority which is—
i
made by or with the consent of the Health and Safety Executive, and
ii
necessary for any of the purposes of the Health and Safety Executive.
2
A health and safety authority to whom protected information is disclosed by virtue of any provision of this Schedule may not use the information for any purpose other than any of the purposes of the Health and Safety Executive.
3
For this purpose, “health and safety authority” means—
a
the Health and Safety Executive,
b
an officer of the Health and Safety Executive,
c
a person or body performing any functions of the Health and Safety Executive on its behalf by virtue of section 13(3) of the 1974 Act,
d
an officer of such a body,
e
an adviser appointed by that Executive under section 13(7) of that Act, and
f
a person appointed by that Executive under section 19 of that Act as an inspector within the meaning given in that section.
I212
1
Paragraph 2 does not prohibit the following disclosures of protected information—
a
a disclosure to a person with enforcement responsibilities;
b
a disclosure by such a person which is—
i
made by or with the consent of the enforcing authority in question, and
ii
necessary for the purposes of any function which the enforcing authority in question has in its capacity as an enforcing authority.
2
A person with enforcement responsibilities to whom protected information is disclosed by virtue of any provision of this Schedule may not use the information otherwise than for the purposes of any function which the enforcing authority in question has in its capacity as such.
3
For this purpose, “person with enforcement responsibilities” means—
a
an enforcing authority within the meaning of the 1974 Act, other than the ONR or the Health and Safety Executive;
b
an officer of an authority within paragraph (a);
c
a person appointed by such an authority under section 19 of that Act as an inspector within the meaning given in that section.
I313
1
Paragraph 2 does not prohibit the following disclosures of protected information—
a
a disclosure to a Northern Ireland health and safety authority;
b
a disclosure by a Northern Ireland health and safety authority which is—
i
made by or with the consent of the Health and Safety Executive for Northern Ireland, and
ii
necessary for any of the purposes of the Health and Safety Executive for Northern Ireland.
2
A Northern Ireland health and safety authority to whom protected information is disclosed by virtue of any provision of this Schedule may not use the information for any purpose other than any of the purposes of the Health and Safety Executive for Northern Ireland.
3
For this purpose, Northern Ireland health and safety authority means—
a
the Health and Safety Executive for Northern Ireland,
b
an officer of the Health and Safety Executive for Northern Ireland,
c
a person or body performing any functions of the Health and Safety Executive for Northern Ireland on its behalf by virtue of Article 15(1)(a) of the Health and Safety at Work (Northern Ireland) Order 1978 (S.I. 1978/1039 (N.I. 9)),
d
an officer of such a body,
e
an adviser appointed by that Executive under Article 15(1)(c) of that Order, and
f
a person appointed by that Executive under Article 21 of that Order as an inspector within the meaning of that Article.