Environment Act 2021

Disclosures to the OEP U.K.

16 (1) No obligation of secrecy imposed by statute or otherwise prevents a person from—

(a) in accordance with section 27(1), providing the OEP with information in connection with an investigation under paragraph 7, an information notice or a decision notice, or

(b) providing information to the OEP in accordance with paragraph 9(3)(b).

(2) But nothing in this Part of this Schedule—

(a) requires a person to provide the OEP with information that the person would be entitled to refuse to provide in civil proceedings on grounds of legal professional privilege (or, in Scotland, confidentiality of communications), or

(b) requires a person to provide the OEP with information that the person would be entitled, or required by any rule of law, to refuse to provide in civil proceedings on grounds of public interest immunity.

(3) No obligation of secrecy imposed by statute or otherwise prevents the Northern Ireland Public Services Ombudsman from providing information to the OEP—

(a) for purposes connected with the exercise of the OEP’s functions under paragraph 7;

(b) for purposes connected with the co-ordination of the OEP’s functions that relate to investigations under paragraph 7 and the Ombudsman’s functions that relate to investigations by the Ombudsman.

(4) Nothing in this Part of this Schedule requires or authorises a disclosure of information that would contravene the data protection legislation (but in determining whether a disclosure would do so, take into account the duties imposed and powers conferred by this Part of this Schedule).

(5) In this paragraph “the data protection legislation” has the same meaning as in the Data Protection Act 2018 (see section 3(9) of that Act).

Commencement Information

I1 Sch. 3 para. 16 not in force at Royal Assent, see s. 147(6)(7)

I2 Sch. 3 para. 16 in force at 28.2.2022 for N.I. by S.R. 2022/54, art. 2(1)(a)