Paragraph 5 Disclosure by order of the High CourtI1I2
England and Wales
A person may apply to the High Court for an order that any protected material be disclosed by the HSSIB to the person for the purposes specified in the application.
Those purposes may include onward disclosure by the person making the application to a person specified in the application.
The HSSIB may make representations to the High Court about any application under this paragraph.
The High Court may make an order on an application under this paragraph only if it determines that the interests of justice served by the disclosure outweigh—
any adverse impact on current and future investigations by deterring persons from providing information for the purposes of investigations, and
any adverse impact on securing the improvement of the safety of health care services provided to patients in England.
Annotations
Commencement
- I1
Sch. 14 para. 5 not in force at Royal Assent, see s. 186(6)
- I2
Sch. 14 para. 5 in force at 1.10.2023 by S.I. 2023/1035, reg. 2(c)