Television Licences (Disclosure of Information) Act 2000

Disclosure of information

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• (1) The Secretary of State and the Northern Ireland department may, at the request of the BBC, supply the BBC with social security information.

• (2) For the purposes of subsection (1), the BBC includes any person providing the BBC with services in connection with television licences.

• (3) In relation to the Secretary of State, “social security information” means information of a prescribed description held by him (or on his behalf) and obtained as a result, or for the purpose, of the exercise of functions of his in relation to social security or war pensions.

• (4) In relation to the Northern Ireland department, “social security information” means information of a prescribed description held by the department (or on its behalf) and obtained as a result, or for the purpose, of the exercise of functions of the department in relation to social security.

Use to which information may be put

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• (1) Information provided under section 1 may be used only in connection with television licences for which no fee is payable or reduced-fee licences.

• (2) “Reduced-fee licences” means television licences—

• (a) for which a reduced fee is payable; and

• (b) which fall within a prescribed category.

Offences

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• (1) A person to whom information is supplied under section 1 (“a recipient”) is guilty of an offence if, without lawful authority, he discloses that information.

• (2) A person who is or has been employed by a recipient, or engaged in the provision of services to a recipient, is guilty of an offence if, without lawful authority, he discloses information supplied to the recipient under section 1.

• (3) It is not an offence under this section—

• (a) to disclose information in the form of a summary or collection of information so framed as not to enable information supplied under section 1 relating to any particular person to be ascertained from it; or

• (b) to disclose information which has previously been disclosed to the public with lawful authority.

• (4) It is a defence for a person charged with an offence under this section to prove that at the time of the alleged offence he believed—

• (a) that he was making the disclosure in question with lawful authority, or

• (b) that the information in question had previously been disclosed to the public with lawful authority,

and he had no reasonable cause to believe otherwise.

• (5) For the purposes of this section, a disclosure is to be regarded as made with lawful authority if, but only if, it is made—

• (a) by a person exercising functions in relation to television licences and using the information in a way permitted by section 2;

• (b) in accordance with any enactment or order of a court;

• (c) for the purpose of instituting, or otherwise for the purposes of, proceedings before a court; or

• (d) with the consent of the person to whom the information relates or of any person authorised to act on that person’s behalf.

• (6) A person guilty of an offence under this section is liable—

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

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

Liability of directors etc

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• (1) If an offence under section 3 committed by a body corporate is shown—

• (a) to have been committed with the consent or connivance of an officer, or

• (b) to be attributable to any neglect on his part,

the officer as well as the body corporate is guilty of the offence and liable to be proceeded against and punished accordingly.

• (2) If the affairs of a body corporate are managed by its members, subsection (1) applies in relation to the acts and defaults of a member in connection with his functions of management as if he were a director of the body.

• (3) “Officer”, in relation to a body corporate, means a director, member of the committee of management, chief executive, manager, secretary or other similar officer of the body, or a person purporting to act in any such capacity.

Interpretation

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In this Act—

• “BBC” and “television licence” have the same meaning as in the Wireless Telegraphy Act 1949;

• “the Northern Ireland department” means the Department for Social Development;

• “prescribed” means prescribed by order made by the Secretary of State;

• “war pensions” has the same meaning as in section 25 of the Social Security Act 1989.

Orders

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• (1) An order under this Act must be made by statutory instrument.

• (2) Such an instrument shall be subject to annulment in pursuance of a resolution of either House of Parliament.

• (3) An order may make different provision in relation to different cases.

Short title and extent

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• (1) This Act may be cited as the Television Licences (Disclosure of Information) Act 2000.

• (2) This Act extends to Northern Ireland.