Article 13 Meaning of “excluded material”C1

(1)

Subject to the following provisions of this Article, in this Order “excluded material” means—

(a)

personal records which a person has acquired or created in the course of any trade, business, profession or other occupation or for the purposes of any paid or unpaid office and which he holds in confidence;

(b)

human tissue or tissue fluid which has been taken for the purposes of diagnosis or medical treatment and which a person holds in confidence;

(c)

journalistic material which a person holds in confidence and which consists—

(i)

of documents; or

(ii)

of records other than documents.

(2)

A person holds material other than journalistic material in confidence for the purposes of this Article if he holds it subject—

(a)

to an express or implied undertaking to hold it in confidence; or

(b)

to a restriction on disclosure or an obligation of secrecy contained in any statutory provision, including a statutory provision passed or made after the making of this Order.

(3)

A person holds journalistic material in confidence for the purposes of this Article if—

(a)

he holds it subject to such an undertaking, restriction or obligation; and

(b)

it has been continuously held (by one or more persons) subject to such an undertaking, restriction or obligation since it was first acquired or created for the purposes of journalism.

Annotations

Modifications

C1: Art. 13 applied (with modifications) (18.5.2009) by Police and Criminal Evidence (Application to the Police Ombudsman) Order (Northern Ireland) 2009 (S.R. 2009/142), art. 3, Sch. 1, Sch. 2

Notes on the whole Order

Textual amendments

F1: mod. by 2005 c. 2