Article 38A Restriction of disclosure of informationF1
Information which is furnished—
to the Department or to any court, tribunal or other person or body on whom functions are imposed or conferred by or under this Part, and
in connection with the case of a person seeking free legal aid under this Part,
shall not be disclosed except as permitted by rules under Article 36.
Paragraph (1) does not limit the disclosure of—
information in the form of a summary or collection of information so framed as not to enable information relating to any individual to be ascertained from it, or
information about the amount of any grant, loan or other payment made to any person or body by the Department.
Paragraph (1) does not prevent the disclosure of information for any purpose with the consent of the person in connection with whose case it was furnished and, where the person did not furnish it himself or herself, with that of the person or body who did.
A person who discloses any information in contravention of this Article shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 4 on the standard scale.
Proceedings for an offence under this Article shall not be brought except by, or with the consent of, the Director of Public Prosecutions.
Nothing in this Article applies to information furnished to a personassigned to provide free legal aid under this Part by or on behalf of a person receiving such legal aid.
Annotations
Textual amendments
- F1
Art. 38A inserted (1.4.2015) by Legal Aid and Coroners‘ Courts Act (Northern Ireland) 2014 (c. 11), s. 12(1), Sch. 2 para. 1(6) (with ss. 2(3), 9, Sch. 1 para. 3(3)); S.R. 2015/193, art. 2(e)
Notes on the whole Order
Textual amendments
- F1
Order repealed (1.11.2003 for the repeals of arts.18(1)-(7), 19, 20.3.2006 the repeal of art. 23, 1.4.2015 for the repeal of Pt. 2 to the extent that it remains in operation, otherwise prosp.) by Access to Justice (Northern Ireland) Order 2003 (S.I. 2003/435), arts. 1(2), 49(5), Sch. 5 (with transitional provisions and savings in art. 48, Sch. 3); S.R. 2003/344, art. 4, Sch. 2; S.R. 2006/27, art. 3; S.R. 2015/194, art. 2, Sch. (with transitional provisions and savings in art. 3)
- F2
functions transferred by SI 1982/159
Notes on Part III
Modifications
- C1
Pt. 3 transfer of functions (1.4.2015) by Legal Aid and Coroners‘ Courts Act (Northern Ireland) 2014 (c. 11), ss. 1(2)(a)(3)(4), 12(1) (with ss. 2(3), 9, Sch. 1 para. 3(3)); S.R. 2015/193, art. 2(a)