Office of Public Sector Information

(4) Subject to subsection (5) below, nothing in subsection (1) above shall preclude the disclosure of information—

(a) if the disclosure is of information relating to a matter connected with the carrying out of the functions of a water undertaker or sewerage undertaker and is made by one Minister of the Crown or government department to another; or

(b) if the disclosure is for the purpose of enabling or assisting any public or other authority for the time being designated for the purposes of this section by an order made by the Secretary of State to discharge any functions which are specified in the order.

(5) The power to make an order under subsection (4) above shall be exercisable by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament; and where such an order designates an authority for the purposes of paragraph (b) of that subsection, the order may—

(a) impose conditions subject to which the disclosure of information is permitted by virtue of that paragraph; and

(b) otherwise restrict the circumstances in which disclosure is so permitted.

(6) Any person who discloses any information in contravention of the preceding provisions of this section shall be guilty of an offence and liable—

(a) on summary conviction, to a fine not exceeding the statutory maximum;

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

(7) In this section “the other consolidation Acts” means the [1991 c. 56.] Water Industry Act 1991, the [1991 c. 58.] Statutory Water Companies Act 1991, the [1991 c. 59.] Land Drainage Act 1991 and the [1991 c. 60.] Water Consolidation (Consequential Provisions) Act 1991.

205 Confidentiality of information relating to underground water etc

(1) The person sinking any such well or borehole as is mentioned in section 198 above or, if it is a different person, the owner or occupier of the land on which any such well or borehole is sunk may by notice to the Natural Environment Research Council require that Council to treat as confidential—

(a) any copy of or extract from the journal required to be kept under that section; or

(b) any specimen taken in exercise of the rights specified in subsection (5) of that section.

(2) Subject to subsections (3) and (4) below, the Natural Environment Research Council shall not, without the consent of the person giving the notice, allow any matter to which any notice under subsection (1) above relates to be published or shown to any person who is not an officer of that Council or of a department of the Secretary of State.

(3) Subsection (2) above shall not prohibit any matter from being published or shown to any person in so far as it contains or affords information as to water resources and supplies.

(4) If at any time the Natural Environment Research Council give notice to any person that in their opinion his consent for the purposes of subsection (2) above is being unreasonably withheld—

(a) that person may, within three months after the giving of the notice, appeal to the High Court for an order restraining that Council from acting as if consent had been given; and

(b) that Council may proceed as if consent had been given if either no such appeal is brought within that period or the High Court, after hearing the appeal, do not make such an order.

(5) Any person who fails to comply with any obligation imposed on him by the preceding provisions of this section shall be guilty of an offence and liable, on summary conviction—

(a) to a fine not exceeding level 3 on the standard scale; and

(b) where the offence continues after conviction, to a further fine of £20 for every day during which it so continues.

(6) If any person who is admitted to any premises in compliance with section 198(2)(c) above discloses to any person any information obtained by him there with regard to any manufacturing process or trade secret, he shall, unless the disclosure is in performance of his duty, be guilty of an offence and liable—

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

(b) on conviction on indictment, to imprisonment for a term not exceeding three months or to a fine or to both.

Making of false statements etc.

206 Making of false statements etc

(1) If, in furnishing any information or making any application under or for the purposes of any of the following provisions of this Act, that is to say, the provisions of—

(a) Part I, other than Schedule 2;

(b) sections 19 and 20 and Chapter III of Part II;

(c) Part III;

(d) Part VI, other than sections 133 to 143 and 147 to 149;

(e) Part VII, other than sections 155, 156, 158, 165 to 167 and the other provisions of that Part so far as they relate to those sections;

(f) this Part, other than sections 189, 193, 194, 198 to 201 and 205; and

(g) Part IX, except so far as it relates to a provision of this Act in relation to which this subsection does not apply,

any person makes any statement which he knows to be false in a material particular, or recklessly makes any statement which is false in a material particular, he shall be guilty of an offence under this section.

(2) If—

(a) in giving any information which he is required to give under Chapter II of Part II of this Act or any of the related water resources provisions or under Schedule 2 to this Act, any person knowingly or recklessly makes a statement which is false in a material particular; or

(b) for the purpose of obtaining a licence under that Chapter, any person knowingly makes a statement which is false in a material particular,

that person shall be guilty of an offence under this section.

(3) Where—

(a) the provisions contained in a licence under Chapter II of Part II of this Act in pursuance of paragraph (b) of subsection (2) of section 46 above, or of that paragraph as modified by subsection (6) of that section, require the use of a meter, gauge or other device; and

(b) such a device is used for the purposes of those provisions,

any person who wilfully alters or interferes with that device so as to prevent it from measuring correctly shall be guilty of an offence under this section.

(4) If, in keeping any record or journal or in furnishing any information which he is required to keep or furnish under section 198 or 205 above, any person knowingly or recklessly makes any statement which is false in a material particular, he shall be guilty of an offence under this section.

(5) A person who is guilty of an offence under this section by virtue of subsection (1) above shall be liable—

(a) on summary conviction, to a fine not exceeding the statutory maximum;

(b) on conviction on indictment, to a fine;

and proceedings for an offence by virtue of subsection (1) above shall not be instituted except by or with the consent of one of the Ministers or the Director of Public Prosecutions.

(6) A person who is guilty of an offence under this section by virtue of subsection (2) or (3) above shall be liable—

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

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

(7) A person who is guilty of an offence under this section by virtue of subsection (4) above shall be liable—

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

(b) on conviction on indictment, to imprisonment for a term not exceeding three months or to a fine or to both.