Section 194S Disapplication of sections 194O to 194RF1

(1)

Sections 194O to 194R cease to have effect if subsection (2) prevails.

(2)

This subsection prevails where, on their preliminary examination of the question to which section 194O(1) relates, the Commission determine for the purpose of section 194M(1) that it is manifestly inappropriate for the information to be disclosed.

(3)

But—

(a)

if there is a material change in any significant factor on which the determination depended, it is open to the Commission to re-examine the question (and this is to be regarded as another preliminary examination of the question),

(b)

where they choose to re-examine the question, the effect of sections 194O to 194R is restored unless subsection (2) again prevails.

Annotations

Textual amendments

F1: Ss. 194M-194T and cross-heading inserted (24.9.2012) by Criminal Cases (Punishment and Review) (Scotland) Act 2012 (asp 7), ss. 3(3), 5(2); S.S.I. 2012/249, art. 2

Notes on Part XA

Textual amendments

F1: Pt. XA (ss. 194A-194L) inserted (1.1.1998 for the purpose of inserting ss. 194A, 194E and 194G, otherwise 1.4.1999) by 1997 c. 48, s. 25(1); S.I. 1997/3004, art. 2, Sch.; S.I. 1999/652, art. 2, Sch. (subject to art. 3)

Modifications

C1: Pt. XA (ss. 194A-194L) extended (1.4.1999) by S.I. 1999/1181, art. 2