[F175H Publication of undertakings.U.K.
(1)The Secretary of State shall arrange for—
(a)any undertaking accepted by him under section 75G of this Act,
(b)the advice given by the Director for the purposes of subsection (1)(c) of that section in any case where such an undertaking has been accepted, and
(c)any variation or release of such an undertaking, to be published in such manner as he may consider appropriate.
(2)In giving advice for the purposes of section 75G(1)(c) of this Act the Director shall have regard to the need for excluding, so far as practicable, any matter to which subsection (4) of this section applies.
(3)The Secretary of State shall exclude from any such advice as published under this section—
(a)any matter to which subsection (4) of this section applies and in relation to which he is satisfied that its publication in the advice would not be in the public interest, and
(b)any other matter in relation to which he is satisfied that its publication in the advice would be against the public interest.
(4)This subsection applies to—
(a)any matter which relates to the private affairs of an individual, where publication of that matter would or might, in the opinion of the Director or the Secretary of State, as the case may be, seriously and prejudicially affect the interests of that individual, and
(b)any matter which relates specifically to the affairs of a particular body of persons, whether corporate or unincorporate, where publication of that matter would or might, in the opinion of the Director or the Secretary of State, as the case may be, seriously and prejudicially affect the interests of that body, unless in his opinion the inclusion of that matter relating specifically to that body is necessary for the purposes of the advice.
(5)For the purposes of the law relating to defamation, absolute privilege shall attach to any advice given by the Director for the purposes of section 75G(1)(c) of this Act.]
Textual Amendments
F1Ss. 75G–75K inserted by Companies Act 1989 (c. 40, SIF 27), s. 147
Modifications etc. (not altering text)
C1Ss. 64-77 modified (E.W.S.) (1.4.1994) by 1993 c. 43, s. 66(3); S.I. 1994/571, art. 5