OpenLegislation

Article 78 Communication of information relating to proceedings

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

(1)

For the purposes of the law relating to contempt of court, information (whether or not it is recorded in any form) relating to proceedings held in private may be communicated—

(a)

where the court gives permission;

(b)

unless the court directs otherwise, in accordance with the relevant practice direction; or

(c)

where the communication is to—

(i)

a party;

(ii)

the legal representative of a party;

(iii)

a professional legal adviser;

(iv)

an officer of the Service or a Welsh family proceedings officer;

(v)

a welfare officer;

(vi)

the Legal Services Commission;

(vii)

an expert whose instruction by a party has been authorised by the court; or

(viii)

a professional acting in furtherance of the protection of children.

(2)

In this rule—

  • “professional acting in furtherance of the protection of children” includes—

    1. (a)

      an officer of a local authority exercising child protection functions;

    2. (b)

      a police officer who is—

      1. (i)

        exercising powers under section 46 of the 1989 Act; or

      2. (ii)

        serving in a child protection unit or a paedophile unit of a police force;

    3. (c)

      any professional person attending a child protection conference or review in relation to a child who is the subject of the proceedings to which the information relates; or

    4. (d)

      an officer of the National Society for the Prevention of Cruelty to Children;

  • “professional legal adviser” means a barrister or a solicitor, solicitor’s employee or other authorised litigator (as defined in section 119 of the Courts and Legal Services Act 1990f1) who is providing advice to a party but is not instructed to represent that party in the proceedings;

  • “welfare officer” means a person who has been asked to prepare a report under section 7(1)(b) of the 1989 Act.

Annotations

Footnotes

f1

1990 c. 41.