Paragraph 77 I1

Amend section 66^f1 (access by Ombudsman to information and documents) as follows.

For subsections (2) to (4) substitute—

“(2)

Subsection (3) applies if—

(a)

the Chief Constable or the Board supplies information to the Ombudsman under subsection (1) for the purposes of or in connection with an investigation under section 60A of the 1998 Act; and

(b)

the person supplying the information is of the opinion that it is information which ought not to be disclosed on the ground mentioned in section 76A(1)(a).

(3)

The person supplying the information must—

(a)

inform the Secretary of State that the information has been supplied to the Ombudsman; and

(b)

inform the Secretary of State and the Ombudsman that, in his or its opinion, the information is information which ought not to be disclosed on the ground mentioned in section 76A(1)(a).

(4)

Subsection (5) applies if—

(a)

the Chief Constable or the Board supplies information to the Ombudsman under subsection (1) for the purposes of or in connection with an investigation under section 60A of the 1998 Act; and

(b)

the person supplying the information is of the opinion that it is—

(i)

information the disclosure of which would be likely to put an individual in danger, or

(ii)

information which ought not to be disclosed on any of the grounds mentioned in section 76A(1)(b) or (c).

(5)

The person supplying the information must—

(a)

inform the Minister of Justice that the information has been supplied to the Ombudsman; and

(b)

inform the Minister of Justice and the Ombudsman that, in his or its opinion, the information is information of a kind mentioned in sub-paragraph (i) or (ii) of paragraph (b) of subsection (4).”