Roads Act 1993

Disclosure of confidential information.

38

38. (1) A person shall not disclose confidential information obtained by him while performing duties as a member of the Authority, as an employee of the Authority, as a person whose services are provided to the Authority under section 32 , as a member of a committee or consultative group established by the Authority or as a consultant, adviser or other person engaged by the Authority unless he is duly authorised to do so.

(2) In this section “ confidential information” includes—

( a) information that is expressed by the Authority or the Minister to be confidential either as regards particular information or as regards information of a particular class or description,

( b) commercial information in relation to contractors, consultants, providers of finance or any other person,

( c) proposals of a commercial nature or tenders submitted to the Authority or a road authority by contractors, consultants or any other person,

and “ duly authorised” means authorised in writing by the Authority or by some person authorised in that behalf by the Authority.

(3) A person who contravenes subsection (1) shall be guilty of an offence.

Annotations:

Modifications (not altering text):

C22

Person holding record under section excluded from requirement to refuse an FOI request (14.10.2014) by Freedom of Information Act 2014 (30/2014), s. 41(1)(a) and sch. 3, part 1, commenced on enactment. This section is listed in sch. 3 part 1.

Enactments relating to non-disclosure of records.

41.—(1) A head shall refuse to grant an FOI request if—

(a) the disclosure of the record concerned is prohibited by law of the European Union or any enactment (other than a provision specified in column (3) of Part 1 or 2 of Schedule 3 of an enactment specified in that Schedule), or

...

SCHEDULE 3

Enactments Excluded from Application of Section 41.

PART 1

Statutes

Number and Year

Short Title

Provision

...

...

...

No. 14 of 1993

Roads Act 1993.

Section 38.

...

...

...

Editorial Notes:

E44

Previous affecting provision: disclosure of records under section exempted from restriction provided (22.04.1997) by Freedom of Information Act 1997 (13/1997), s. 32 and sch. 3 part 1, commenced as per s. 1(2); repealed (14.10.2014) by Freedom of Information Act 2014 (30/2014), s. 5 and sch. 4, commenced as per s. 1(2).