Section 40 Confidentiality of proceedingsI1
Environmental Standards Scotland must not disclose—
information obtained under section 23(1) or 24(1), or
correspondence between Environmental Standards Scotland and a public authority that—
relates to a particular information notice or compliance notice, or to the preparation of a particular improvement report,
is, or contains, such a notice or an unpublished draft of such a report.
Subsection (1) does not apply to—
a disclosure (other than a disclosure of an information notice, a compliance notice or an unpublished draft of an improvement report) made with the consent of the public authority who provided the information or correspondence,
a disclosure made for purposes connected with the exercise of Environmental Standards Scotland's functions,
a disclosure made to the Office for Environmental Protection, or any other environmental governance body, for purposes connected with the exercise of an environmental governance function,
a disclosure of information, or correspondence, that relates only to a matter in relation to which Environmental Standards Scotland does not intend to take any further action under this Chapter,
a disclosure made for the purposes of civil proceedings,
a disclosure made for the purposes of the investigation or prosecution of any offence or suspected offence or for the purposes of the prevention or detection of crime,
a disclosure made in pursuance of an order of a court or tribunal,
a disclosure made in accordance with any other enactment requiring or permitting the disclosure.
Annotations
Commencement
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S. 40 in force at 1.10.2021 by S.S.I. 2021/304, reg. 2(a)