UK Withdrawal from the European Union (Continuity) (Scotland) Act 2021

40 Confidentiality of proceedings S

(1) Environmental Standards Scotland must not disclose—

(a) information obtained under section 23(1) or 24(1), or

(b) correspondence between Environmental Standards Scotland and a public authority that—

(i) relates to a particular information notice or compliance notice, or to the preparation of a particular improvement report,

(ii) is, or contains, such a notice or an unpublished draft of such a report.

(2) Subsection (1) does not apply to—

(a) a disclosure (other than a disclosure of an information notice, a compliance notice or an unpublished draft of an improvement report) made with the consent of the public authority who provided the information or correspondence,

(b) a disclosure made for purposes connected with the exercise of Environmental Standards Scotland's functions,

(c) 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,

(d) 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,

(e) a disclosure made for the purposes of civil proceedings,

(f) 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,

(g) a disclosure made in pursuance of an order of a court or tribunal,

(h) a disclosure made in accordance with any other enactment requiring or permitting the disclosure.

Commencement Information

I1 S. 40 in force at 1.10.2021 by S.S.I. 2021/304, reg. 2(a)