FREEDOM OF INFORMATION ACT 1997

Precautions by High Court and Commissioner against disclosure of certain information.

43

43. (1) In proceedings in the High Court under or in relation to this Act, that Court shall take all reasonable precautions to prevent the disclosure to the public or, if appropriate, to a party (other than a head) to the proceedings of—

( a) information contained in an exempt record, or

( b) information as to whether a record exists or does not exist in a case where the head concerned is required by this Act not to disclose whether the record exists or does not exist.

(2) Without prejudice to the generality of subsection (1), precautions under that subsection may include—

( a) hearing the whole or part of any such proceedings as aforesaid otherwise than in public,

( b) prohibiting the publication of such information in relation to any such proceedings as it may determine, including information in relation to the parties to the proceedings and the contents of orders made by the High Court in the proceedings, and

( c) examining a record or a copy of a record without giving access or information in relation thereto to a party (other than a head) to the proceedings.

F64 [ (3) In the performance of his or her functions under this Act, the Commissioner shall take all reasonable precautions (including conducting the whole or part of a review under section 34 or an investigation under section 36 otherwise than in public) to prevent the disclosure to the public or, in the case of such a review, to a party (other than a head) to the proceedings concerned of information specified in paragraph ( a ) or ( b ) of subsection (1) or matter that, if it were included in a record, would cause the record to be an exempt record. ]

Annotations:

Amendments:

F64

Substituted (11.04.203) by Freedom of Information (Amendment Act 2003 (9/2003), s. 28, commenced on enactment.