9BB.—(1) (a) This subsection applies to information received by the Minister or the Commission, which information has been given to that person under or by virtue of—

(i) any provision of the law of Northern Ireland corresponding to a provision under this Act (including a condition in a licence, exemption or authorisation granted under it) or the Internal Market Regulations, or

(ii) a licence, exemption or authorisation granted in Northern Ireland by the Department analogous to a licence, exemption or authorisation which may be granted by the Commission under this Act.

(b) Subject to paragraph (c), information to which this subsection applies shall not be disclosed or published by the recipient of the information unless—

(i) that person is required or permitted to disclose that information—

(I) under or by virtue of any enactment, or

(II) by order of a Court exercising its jurisdiction,

or

(ii) such disclosure or publication is made for the purpose of facilitating the performance of any of the functions of that person under this Act.

(c) The Minister and the Commission, to the extent that each of them believes it necessary or expedient for the effective operation of the Single Electricity Market, may share information with such persons exercising a function in Northern Ireland in relation to electricity which corresponds to any of the functions of the Commission or the Minister under—

(i) the Electricity and Gas Regulation Acts 1999 to 2002, or

(ii) the Internal Market Regulations,

including information which is commercially sensitive, and information which has been furnished to that person by the holder of a licence or exemption under section 14 or the holder of an authorisation under section 16.

(2) (a) This subsection applies to information received by the holder of a licence, an exemption or an authorisation, which information has been given to that person under or by virtue of—

(i) this Act (including a condition of a licence, exemption or authorisation granted under it),

(ii) the Internal Market Regulations,

(iii) any corresponding provision of the law of Northern Ireland, or

(iv) a licence, exemption or authorisation granted in Northern Ireland by the Department analogous to a licence, exemption or authorisation which may be issued by the Commission under this Act.

(b) Information to which this subsection applies shall not be disclosed or published by the recipient of the information unless that person is required to disclose or publish that information—

(i) by reason of a condition in a licence, exemption or authorisation,

(ii) under or by virtue of any enactment, or

(iii) by order of a Court exercising its jurisdiction.]