Regulation 13 Disclosure of information and documentsI1

Northern Ireland

(1)

Subject to paragraphs (3) to (5), the Chairman may give directions –

(a)

requiring a party to send to F1the Secretary any document or other material which he considers may assist the Care Tribunal in determining the case and which that party is able to send, and the Secretary shall take such steps as the Chairman may direct, to supply copies of any information or document obtained under this paragraph to the other party;

(b)

granting to a party the right to inspect and take copies of any document or other material which it is in the power of the other party to disclose, and appointing the date, time and place at which any such inspection and copying is to be done.

(2)

Subject to paragraphs (3) to (5), the Chairman may give a direction on the application of either party, requiring a person who is not a party to the proceedings to disclose any document or other material to the party making the application, if he is satisfied that –

F2(a)

the documents or other material sought are likely to support or adversely affect the case of either party;

(b)

it is within the power of the person subject to the direction to disclose any document or other material; and

(c)

disclosure is necessary for the fair determination of the case.

(3)

It shall be a condition of the supply of any document or material under paragraph (1) or (2) that a party shall use it only for the purpose of the proceedings.

(4)

Paragraphs (1) and (2) do not apply in relation to any document or material which the party could not be compelled to produce in legal proceedings in a county court.

(5)

Before making a direction under paragraph (1) or (2), the Chairman shall take into account the need to protect any matter which relates to intimate personal or financial circumstances, is commercially sensitive, or was communicated or obtained in confidence.

Annotations

Textual amendments

F1: Words in reg. 13(1)(a) substituted (29.9.2006) by The Care Tribunal (Amendment) Regulations (Northern Ireland) 2006 (S.R. 2006/342), regs. 1, 2(9)(a)
F2: Reg. 13(2)(a) substituted (29.9.2006) by The Care Tribunal (Amendment) Regulations (Northern Ireland) 2006 (S.R. 2006/342), regs. 1, 2(9)(b)

Commencement

I1: Reg. 13 in operation at 1.4.2005, see reg. 1(1)