OpenLegislation

Article 15 Warning letters

Original text. Later amendments are not shown.

(1)

Subject to paragraphs (2), (3) and (4), the contents of a warning letter are to be treated as subject to an obligation of confidence owed—

(a)

separately by each member of the inquiry team to the recipient of the warning letter;

(b)

by the recipient to the chairperson; and

(c)

by the recipient’s recognised legal representative to the chairperson (where the recipient has disclosed the letter under rule 14(2)).

(2)

The obligation of confidence may be waived in writing at any time by the chairperson or, as the case may be, by the recipient of the warning letter.

(3)

The inquiry panel’s obligation of confidence arising under this rule ends when the inquiry report is delivered in accordance with section 5(1) of the Act.

(4)

All other obligations of confidence arising under this rule end when the inquiry report is published.

(5)

A breach of the obligation referred to in paragraph (1) is actionable at the suit of the person to whom the obligation is owed, subject to the defences applying to actions for breach of confidence.