Section 82 — Pensions Act 2004: Restricted information

Restricted information 82 1 Restricted information must not be disclosed—

a by the Regulator, or b by any person who receives the information directly or indirectly from the Regulator.

2 Subsection (1) is subject to—

a subsection (3),

and b sections 71(9), 83 to 88 and 235.

3 Subject to section 88(5) , restricted information may be disclosed with the consent of the person to whom it relates and (if different) the person from whom the Regulator obtained it.

4 For the purposes of this section and sections 83 to 87, “ restricted information ” means any information obtained by the Regulator in the exercise of its functions which relates to the business or other affairs of any person, except for information—

a which at the time of the disclosure is or has already been made available to the public from other sources, or b which is in the form of a summary or collection of information so framed as not to enable information relating to any particular person to be ascertained from it.

5 Any person who discloses information in contravention of this section is guilty of an offence and liable—

a on summary conviction, to a fine not exceeding the statutory maximum , or imprisonment for a term not exceeding the general limit in a magistrates’ court , or both ;

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

6 In relation to an offence under subsection (5) committed before 2 May 2022 the reference in subsection (5)(a) to the general limit in a magistrates’ court has effect as if it were a reference to six months.

7 Subsection (6) does not extend to Scotland.