Part 3: Policing and investigation Chapter 2: Investigation of incidents by statutory inspectors Section 73: Protection of information
Subsection (1) makes provision for this section to apply to information obtained by an inspector in connection with the inspector’s functions, namely through the conduct of an investigation.
	Subsection (2) permits the Secretary of State to make regulations pertaining to the disclosure of this information for a specific purpose provided in the regulations.  Subsection (2) also permits the Secretary of State to make regulations concerning how this information is to be dealt with.
	Subsection (3) provides examples of the kind of regulations the Secretary of State may make in relation to subsection (2). These include permitting or requiring the retention or destruction of the items or material; disapply any power under an enactment that might otherwise be used to obtain the information; make provision regarding the admissibility in judicial proceedings; and confer jurisdiction on a court or tribunal. The Secretary of State has the power to confer jurisdiction onto a court to hear any appeal on the decision not to release safety recommendations until such a time as an inspector is satisfied with the conclusions drawn.
	Subsection (4) provides for the offence provision in subsection (5) to apply to the inspector and any person who obtains relevant information on behalf of the inspector, and any person who obtains the information from the inspector. A distinction is made that the offence provision does not apply to a person who obtains this information through its publication, for example, through a safety report.
	Subsection (5) confirms that it is an offence for the person (as defined in subsection (4)) to disclose the information obtained during an investigation to any other person or use the information for a purpose other than the purpose for which it was obtained (except as authorised by or under this Part or any other enactment). For example, an inspector cannot disclose information obtained through an investigation to another investigatory body, such as the police.
	Subsection (6) provides the defences to the offences in subsection (5) for the disclosure and use of this information in certain circumstances. This includes when the consent of the original provider of the information has been provided; there is reasonable belief that the disclosure or use was lawful under this Act and the regulations; or if the relevant information had already been lawfully disclosed to the relevant person.
	Subsection (7) provides that a person who is summarily convicted of an offence under subsection (5) is liable, in England and Wales to a term of imprisonment up to the maximum limit in a magistrate’s court, a fine or both, and in Scotland, to imprisonment for a maximum of 12 months, or a fine (up to the statutory maximum), or both. Persons convicted on indictment are liable to imprisonment for a term not exceeding two years, a fine, or both.