Commissions of Investigation Act 2004

Protection of identifying information by tribunals.

46

46.—(1) If any evidence or document made available to a tribunal under section 45 contains information omitted under section 32(3) from a commission's report because it identifies a person or could reasonably be expected to lead to the identification of a person, the tribunal shall not disclose that information in the course of conducting its inquiry or in its report or otherwise, except—

( a) as authorised under this section, and

( b) then only to the extent necessary for the purposes of its inquiry.

(2) A tribunal may decide to disclose information referred to in subsection (1) (other than information withheld by the commission by virtue of section 12(2) ) if the tribunal—

( a) has notified the person concerned that it proposes to disclose the information,

( b) has given that person an opportunity to comment, by written or oral submissions, on the proposal and has considered the person's comments, if any, and

( c) is satisfied that, in the interests of fair procedures and in order to facilitate the inquiry, it is appropriate to dislose the information.

(3) If a tribunal decides under subsection (2) to disclose information, it shall notify the person concerned of—

( a) its decision, and

( b) the person's right to apply to the Court within the period of 14 days after being notified for an order under subsection (5) prohibiting the disclosure.

(4) A decision to disclose information under this section does not take effect—

( a) until the expiry of the period allowed under this section for applying for an order under subsection (5) prohibiting the disclosure, and

( b) if an application is brought within that period, until the Court determines the application.

(5) On the hearing of an application made within the period specified in subsection (3), the Court may make any order or give any direction it thinks fit, including an order prohibiting the disclosure of the information concerned.

(6) An application under this section for an order prohibiting the disclosure of information may be heard in private if the Court considers it appropriate to do so.