Part 4: Medical Devices Chapter 4: Disclosure of Information and Consequential etc Provision Section 40: Offence relating to information
Section 40 outlines the offences that are related to information disclosure.
	Subsection (1) provides that a person commits an offence if they use or further disclose information in a manner that breaches subsections (8) of section 39.
	Subsection (2) provides that a person commits an offence if they were disclosed information under regulations made under section 19 (Information systems) and then use or disclose that information in contravention of those regulations.
	Subsection (3) outlines the maximum penalties for these offences. These are:
As a result of a summary conviction in England and Wales, which is an offence that is only triable in a magistrates court, a person can be imprisoned for up to 51 weeks, receive a fine, or both.
As a result of a summary conviction in Scotland or Northern Ireland, a person can be imprisoned for up to 6 months, or receive a fine not exceeding £5,000 (level 5 on the standard scale), or both. A level 5 on the standard scale references the scale of fines for summary offences as outlined in the Criminal Justice Act 1982.
	Subsection (3) outlines that the maximum 51 weeks imprisoned outlined in (2)(a) is to be read as 6 months if the offence is committed before section 281(5) of the Criminal Justice Act 2003 is commenced.