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Change 1
As published
13B Unauthorised disclosure of information received under section 13A
(1) A person commits an offence if the person discloses any information—
(a) which the person received by virtue of any of subsections (3) to (5) of section 13A, and
(b) which relates to a particular person,
unless the information is disclosed in accordance with subsection (2).
(2) Information is disclosed in accordance with this subsection if it is disclosed in any of the following ways—
(a) in the case of information received by virtue of section 13A(3), in accordance with section 13A(5);
(b) in the course of a duty that the person disclosing it has in connection with the exercise of functions relating to eligibility for free of charge early years provision or for funding related to free of charge early years provision;
(c) in accordance with an enactment or an order of a court;
(d) with consent given by or on behalf of the person to whom the information relates.
(3) It is a defence for a person charged with an offence under subsection (1) to prove that the person reasonably believed that the disclosure was lawful.
(4) A person guilty of an offence under subsection (1) is liable—
(a) on conviction on indictment, to imprisonment for a term not exceeding two years, or a fine, or both;
(b) on summary conviction, to imprisonment for a term not exceeding the general limit in a magistrates’ court, or a fine not exceeding the statutory maximum, or both.
(5) In relation to an offence committed before 2 May 2022 , the reference in subsection (4)(b) to the general limit in a magistrates’ court is to be read as a reference to 6 months.
Your change, as a redline
13B Unauthorised disclosure of information received under section 13A
(1) A person commits an offence if the person discloses any information—
(a) which the person received by virtue of any of subsections (3) to (5) of section 13A, and
(b) which relates to a particular person,
unless the information is disclosed in accordance with subsection (2).
(2) Information is disclosed in accordance with this subsection if it is disclosed in any of the following ways—
(a) in the case of information received by virtue of section 13A(3), in accordance with section 13A(5);
(b) in the course of a duty that the person disclosing it has in connection with the exercise of functions relating to eligibility for free of charge early years provision or for funding related to free of charge early years provision;
(c) in accordance with an enactment or an order of a court;
(d) with consent given by or on behalf of the person to whom the information relates.
(3) It is a defence for a person charged with an offence under subsection (1) to prove that the person reasonably believed that the disclosure was lawful.
(4) A person guilty of an offence under subsection (1) is liable—
(a) on conviction on indictment, to imprisonment for a term not exceeding two years, or a fine, or both;
(b) on summary conviction, to imprisonment for a term not exceeding the general limit in a magistrates’ court, or a fine not exceeding the statutory maximum, or both.
(5) In relation to an offence committed before 2 May 2022 , the reference in subsection (4)(b) to the general limit in a magistrates’ court is to be read as a reference to 6 months.
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