Railways Act 2005

16 (1) Meetings of the [F1 PC] must be open to the public; but the public must be excluded during any item of business that is confidential for the purposes of this paragraph. E+W+S

(2) An item of business is confidential for the purposes of this paragraph where, if members of the public were to be present during that item, it is likely that information furnished in confidence to the [F1 PC] by—

(a) the [F2 Office of Rail and Road], F3 ...

(b) the Secretary of State, [F4 or

(c) a traffic commissioner,]

would be disclosed in breach of the obligation of confidence.

(3) An item of business is confidential for the purposes of this paragraph where the [F1 PC] has resolved that—

(a) because of the confidential nature of the item, or

(b) for other special reasons stated in the resolution,

it is desirable in the public interest that the public be excluded during that item.

(4) An item of business is confidential for the purposes of this paragraph where, if members of the public were to be present during that item, it is likely that—

(a) there would be disclosed to them a matter relating to the affairs of an individual or relating specifically to the affairs of a particular body (whether corporate or unincorporate); and

(b) public disclosure of the matter would or might, in the opinion of the [F1 PC], seriously and prejudicially affect the interests of that individual or body.

(5) An item of business is confidential for the purposes of this paragraph where the circumstances—

(a) are specified for the purposes of this sub-paragraph in an order made by the Secretary of State; or

(b) are determined to be confidential for those purposes in accordance with an order so made.

(6) An order under sub-paragraph (5) is subject to the negative resolution procedure.

Textual Amendments

F1 Words in Sch. 5 substituted (25.2.2010) by The Passengers’ Council (Non-Railway Functions) Order 2010 (S.I. 2010/439), art. 1, Sch. para. 9(7)(b)

F2 Words in Sch. 5 para. 16(2)(a) substituted (16.10.2015) by The Office of Rail Regulation (Change of Name) Regulations 2015 (S.I. 2015/1682), reg. 1(2), Sch. para. 3(u)

F3 Word in Sch. 5 para. 16(2)(a) omitted (25.2.2010) by virtue of The Passengers’ Council (Non-Railway Functions) Order 2010 (S.I. 2010/439), arts. 1, 5(2)(a)

F4 Sch. 5 para. 16(2)(c) and word inserted (25.2.2010) by The Passengers’ Council (Non-Railway Functions) Order 2010 (S.I. 2010/439), arts. 1, 5(2)(b)

Commencement Information

I1 Sch. 5 para. 16 in force at 24.7.2005 by S.I. 2005/1909, art. 2, Sch.