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Contents

Legislation
Employment Rights Act 2025

Crossheading Disclosure of information

  • Section 135 Disclosure of information
  • Section 136 Disclosure of information: supplementary provision
  • Section 137 Restriction on disclosure of HMRC information
  • Section 138 Restriction on disclosure of intelligence service information
  1. Disclosure of information
  2. Disclosure of information

Section 135 | Disclosure of information

From legislation.gov.uk

(1)In this section—

“civil proceedings function” means a function under or by virtue of section 116 or 117 (powers in relation to civil proceedings);

“enforcement function” means—

an enforcement function of the Secretary of State, or

a power of an enforcement officer (other than a power by virtue of section 116);

“enforcing authority” means the Secretary of State or an enforcement officer.

(2)A person may disclose information to an enforcing authority if the disclosure is made for the purposes of the exercise of an enforcement function or a civil proceedings function.

(3)Information obtained by an enforcing authority in connection with the exercise of an enforcement function or a civil proceedings function—

(a)may be used by an enforcing authority in connection with the exercise of an enforcement function or civil proceedings function;

(b)may be used by the Secretary of State in connection with a function of the Secretary of State under this Part.

(4)The Secretary of State may disclose to a person any information obtained by an enforcing authority in connection with the exercise of an enforcement function or a civil proceedings function if the disclosure is made for a purpose connected with an enforcement function or civil proceedings function or a function of the Secretary of State under this Part.

(5)The Secretary of State may disclose to a person specified in Schedule 9 information obtained in connection with the exercise of an enforcement function or a civil proceedings function if the disclosure is made for the purposes of the exercise of a function of the person.

(6)The Secretary of State may by regulations amend Schedule 9.

(7)Regulations under subsection (6) are subject to the affirmative resolution procedure.

(8)Sections 136 to 138 contain further provision about disclosure of information under this section.

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