Health and Care Act 2022 (c. 31)

PART 4 U.K. The Health Services Safety Investigations Body

Protection of material held by the HSSIB U.K.

124 Offences of unlawful disclosure E+W

(1) A person commits an offence if the person—

(a) breaches the prohibition in section 122(1) by knowingly or recklessly disclosing protected material to another person, and

(b) knows or suspects that the disclosure is prohibited.

(2) An individual who was, but has ceased to be, connected with the HSSIB commits an offence if the individual—

(a) breaches the prohibition in section 122(5) by knowingly or recklessly disclosing any information, document, equipment or other thing to another person, and

(b) knows or suspects that the disclosure is prohibited.

(3) Subsection (4) applies where protected material is disclosed to a person not connected with the HSSIB—

(a) in a draft report sent to the person under section 115(1),

(b) under paragraph 2, 3 or 4 of Schedule 14 (disclosures for purposes of an investigation, offence or safety risk), or

(c) under regulations under section 123(1)(c).

(4) The person not connected with the HSSIB to whom protected material is disclosed as specified in subsection (3) commits an offence if the person—

(a) knowingly or recklessly discloses the protected material to another person without reasonable excuse, and

(b) knows or suspects that it is protected material.

(5) A person who commits an offence under this section is liable on summary conviction to a fine.

Commencement Information

I1 S. 124 not in force at Royal Assent, see s. 186(6)

I2 S. 124 in force at 1.10.2023 by S.I. 2023/1035, reg. 2(a)