OpenLegislation

Paragraph 14 I1F1

(1)

When publishing a report prepared under paragraph 4 or 5, OFCOM must have regard to the need to exclude from the publication, so far as practicable, the matters which are confidential in accordance with sub-paragraphs (2) and (3).

(2)

A matter is confidential under this sub-paragraph if—

(a)

it relates specifically to the affairs of a particular body; and

(b)

publication of that matter would or might, in OFCOM’s opinion, seriously and prejudicially affect the interests of that body.

(3)

A matter is confidential under this sub-paragraph if—

(a)

it relates to the private affairs of an individual; and

(b)

publication of that matter would or might, in OFCOM’s opinion, seriously and prejudicially affect the interests of that individual.

(4)

For the purposes of the law of defamation absolute privilege attaches to every report prepared under paragraph 4 or 5.

Annotations

Textual amendments

F1

Sch. 11 para. 6A inserted (31.12.2020) by The Competition (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/93), reg. 1(1), Sch. 1 para. 11(7) (as amended by S.I. 2020/1343, regs. 1(1), 23(5)); 2020 c. 1, Sch. 5 para. 1(1)

Commencement

I1

Sch. 11 para. 14 in force at 29.12.2003 by S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)