Regulation 35 Exceptions to duties to keep the complainant and interested person informedI1

England and Wales

(1)

In accordance with sections 20(5) and 21(10) of the 2002 Act (duties to keep the complainant informed and provide information for interested persons), paragraph (2) specifies the circumstances in which the duties imposed on the Director General and appropriate authority by those sections do not apply.

(2)

The circumstances are where in the opinion of the Director General or appropriate authority (as the case may be) the non-disclosure of information is necessary for a purpose mentioned in paragraph (3).

(3)

The purposes are—

(a)

preventing the premature or inappropriate disclosure of information that is relevant to, or may be used in, any actual or prospective criminal proceedings;

(b)

preventing the disclosure of information in any circumstances in which its non-disclosure—

(i)

is in the interests of national security;

(ii)

is for the purposes of the prevention or detection of crime, or the apprehension or prosecution of offenders;

(iii)

is required on proportionality grounds, or

(iv)

is otherwise necessary in the public interest.

(4)

The Director General or appropriate authority (as the case may be) may only conclude that the non-disclosure of information is necessary under paragraph (2) if satisfied that—

(a)

there is a real risk of the disclosure of that information causing an adverse effect, and

(b)

that adverse effect would be significant.

(5)

The Director General or appropriate authority (as the case may be) must consider whether the non-disclosure of information is justified under paragraph (2) in circumstances where—

(a)

that information is relevant to, or may be used in, any actual or prospective disciplinary proceedings or performance proceedings or appeal against the outcome of such proceedings;

(b)

the disclosure of that information may lead to the contamination of the evidence of witnesses during such proceedings or appeal;

(c)

the disclosure of that information might prejudice the welfare or safety of any third party;

(d)

that information constitutes criminal intelligence.

Annotations

Commencement

I1: Reg. 35 in force at 1.2.2020, see reg. 1(1)