Section 15B — Tribunals, Courts and Enforcement Act 2007: Offence of unauthorised use or disclosure

Offence of unauthorised use or disclosure 15B 1 This section applies if the Commissioners make a disclosure of information (“debtor information”) under section 15A(5).

2 A person to whom the debtor information is disclosed commits an offence if—

a he uses or discloses the debtor information, and b the use or disclosure is not authorised by subsection (3), (5), (6) or (7).

3 The use or disclosure of the debtor information is authorised if it is—

a for a purpose connected with the enforcement of the lapsed order (including the direction of the order to the debtor's current employer),

and b with the consent of the Commissioners.

4 Consent for the purposes of subsection (3) may be given—

a in relation to particular use or a particular disclosure, or b in relation to use, or a disclosure made, in such circumstances as may be specified or described in the consent.

5 The use or disclosure of the debtor information is authorised if it is—

a in accordance with an enactment or an order of court, or b for the purposes of any proceedings before a court, and it is in accordance with regulations.

6 The use or disclosure of the debtor information is authorised if the information has previously been lawfully disclosed to the public.

7 The use or disclosure of the debtor information is authorised if it is in accordance with rules of court that comply with regulations under subsection (8).

8 Regulations may make provision about the circumstances, if any, in which rules of court may allow any of the following—

a access to, or the supply of, debtor information;

b access to, or the supply of copies of, any attachment of earnings order which has been directed to an employer using debtor information.

9 It is a defence for a person charged with an offence under subsection (2) to prove that he reasonably believed that the disclosure was lawful.

10 A person guilty of an offence under subsection (2) is liable—

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

b on summary conviction, to imprisonment for a term not exceeding twelve months, to a fine not exceeding the statutory maximum, or to both.