Article 8 Exceptions to disclosure

(1)

A list provided in accordance with rule 5(3) or 7(1) need not include any document that relates to a case involving a person other than the applicant which was taken into account by the Authority in the applicant’s case only for the purposes of comparison with other cases.

(2)

A list provided in accordance with rule 5(3), 6(3) or 7(1) need not include any document that is material the disclosure of which for the purposes of or in connection with any legal proceedings is prohibited by section 17 of the Regulation of Investigatory Powers Act 2000^f1.

(3)

A list provided in accordance with rule 5(3), 6(3) or 7(1) need not include any document in respect of which an application has been or is being made under paragraph (4).

(4)

A party may apply to the Tribunal (without giving notice to the other party) for a direction authorising that party not to include in the list required by rule 5(3), 6(3) or 7(1) a document on the ground that disclosure of the document—

(a)

would not be in the public interest; or

(b)

would not be fair, having regard to—

(i)

the likely significance of the document to the applicant in relation to the matter referred to the Tribunal; and

(ii)

the potential prejudice to the commercial interests of a person other than the applicant which would be caused by disclosure of the document.

(5)

For the purpose of deciding an application by a party under paragraph (4), the Tribunal may—

(a)

require that the document be produced to the Tribunal together with a statement of the reasons why its inclusion in the list would—

(i)

in the case of an application under paragraph (4)(a), not be in the public interest; or

(ii)

in the case of an application under paragraph (4)(b), not be fair; and

(b)

invite the other party to make representations.

(6)

If the Tribunal refuses an application under paragraph (4) for a direction authorising a party not to include a document in a list, it shall direct that party—

(a)

to revise the list so as to include the document; and

(b)

to file a copy of that list as revised and send a copy to the other party.

(7)

A party who has filed a list under rule 5(3), 6(3) or 7(1) shall, upon the request of the other party, provide that other party with a copy of any document specified in the list or make any such document available to that party for inspection or copying.

(8)

Paragraph (7) does not apply to any document that is a protected item.

Annotations

Footnotes

f1: 2000 c. 23.