Rule 3 Replacement of Rule 22A

Delete rule 22A and substitute the following rule—

“Information about proceedings

22A.

(1)

Where a registered victim or other person makes a request for a summary of the reasons for a provisional direction of a single Commissioner recorded under rule 13(2)(b) that has become final by virtue of rule 13(6), the Chief Commissioner must appoint a Commissioner to consider the request. The appointed Commissioner must then produce a summary of the reasons for that direction, unless the appointed Commissioner decides that there are exceptional circumstances why a summary should not be produced for disclosure.

(2)

The Chief Commissioner is not required to appoint a Commissioner to produce a summary under paragraph (1) where the request is made more than 6 months after the date when the direction under rule 13(2)(b) became final, unless the Chief Commissioner decides that there are exceptional reasons to do so.

(3)

In a summary produced under paragraph (1)—

(a)

the names of the parties to proceedings under Rule 13(2) may be disclosed;

(b)

the names of other persons concerned in the proceedings must not be disclosed;

(c)

other information about proceedings under these Rules must not be disclosed except insofar as the Commissioner appointed under paragraph (1) directs.

(4)

Where a registered victim or other person makes a request for a summary of the reasons for a decision recorded after oral proceedings under rule 24(2), the Chief Commissioner must appoint a Commissioner to consider the request. The appointed Commissioner must then produce a summary of the reasons for that decision, unless the appointed Commissioner decides that there are exceptional circumstances why a summary should not be produced for disclosure.

(5)

The Chief Commissioner is not required to appoint a Commissioner to produce a summary under paragraph (4) where the request is made more than 6 months after the date of the decision, unless the Chief Commissioner decides that there are exceptional reasons to do so.

(6)

In a summary produced under paragraph (4)—

(a)

the names of the parties to the oral proceedings under rule 24(2) may be disclosed;

(b)

the names of other persons concerned in the proceedings must not be disclosed;

(c)

other information about proceedings under these Rules must not be disclosed except insofar as the Commissioner appointed under paragraph (4) directs.

(7)

This Rule does not affect the operation of Rule 9 (Non-disclosure of confidential information).

(8)

For the purposes of this rule, “registered victim” means a person who is registered or entitled to receive information under any of —

(a)

the Prisoner Release Victims Information Scheme, 2003^f1;

(b)

the Probation Board for Northern Ireland Victim Information Scheme, 2005^f2;

(c)

the Victims of Mentally Disordered Offenders Information (Northern Ireland) Scheme, 2008^f3.”.