Electricity Regulation Act 1999

Prohibition on unauthorised disclosure of information.


13.—(1) Save as otherwise provided by law, a person shall not disclose confidential information obtained by him or her while performing duties as a member of, or as a member of the staff of, or an adviser or consultant to, or as an authorised officer of, the Commission, unless he or she is duly authorised by the Commission to do so.

F223[(1A) In subsection (1) duties means duties falling to be performed in the course of the performance by the Commission of its functions under this Act, the Gas (Amendment) Act, 2000, F224[the Gas (Interim) (Regulation) Act 2002 or the Water Services (No. 2) Act 2013.]]

(2) A person who contravenes subsection (1) shall be guilty of an offence and shall be liable on summary conviction to a F225[class A fine] or imprisonment for a period not exceeding 12 months or, at the discretion of the District Court, to both such fine and imprisonment.

(3) (a) In this section “confidential information” means that which is expressed by the Commission to be confidential either as regards particular information or as regards information of a particular class or description.

(b) In expressing information to be confidential, the Commission shall have regard to the requirement to protect information of a confidential commercial nature.

(4) The Freedom of Information Act, 1997, is hereby amended in the Third Schedule thereto by the addition to Part I at the end thereof—

(a) in column (2), of “Electricity Regulation Act, 1999.”, and

(b) in column (3), of “Section 13.”.




Substituted (10.04.2002) by Gas (Interim) (Regulation) Act 2002 (10/2002), s. 23(4), commenced on enactment.


Substituted (7.02.2014) by Water Services (No. 2) Act 2013 (50/2013), s. 44(2), S.I. No. 76 of 2014.


Substituted (28.04.2017) by Energy Act 2016 (12/2016), s. 13(c), S.I. No. 171 of 2017. A class A fine means a fine not greater than €5,000 as provided (4.01.2011) by Fines Act 2010 (8/2010), ss. 3, 3(1), S.I. No. 662 of 2010.

Modifications (not altering text):


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



Enactments Excluded from Application of Section 41




No. 23 of 1999

Electricity Regulation Act 1999

Section 13.




Editorial Notes:


Previous affecting provision: subs. (1A) inserted (10.07.2000) by Gas (Amendment) Act 2000 (26/2000), s. 14, commenced on enactment; substituted as per F-note above.