Police, Crime, Sentencing and Courts Act 2022

43 Confidential information U.K.

(1) In this Chapter “confidential information” means information which constitutes or may constitute—

(a) confidential journalistic material within the meaning of the Investigatory Powers Act 2016 (see section 264(6) and (7) of that Act), or

(b) protected material.

(2) In subsection (1)(b) “protected material”—

(a) in relation to England and Wales means—

(i) items subject to legal privilege, within the meaning of the Police and Criminal Evidence Act 1984 (see section 10 of that Act),

(ii) material falling within section 11(1)(a) of that Act (certain personal records held in confidence), or

(iii) material to which section 14(2) of that Act applies (other material acquired in the course of a trade etc that is held in confidence);

(b) in relation to Scotland means—

(i) items in respect of which a claim to confidentiality of communications could be maintained in legal proceedings, or

(ii) other material of a kind mentioned in paragraph (a)(ii) or (iii) of this subsection;

(c) in relation to Northern Ireland, means—

(i) items subject to legal privilege, within the meaning of the Police and Criminal Evidence (Northern Ireland) Order 1989 (S.I. 1989/1341 (N.I. 12)) (see Article 12 of that Order),

(ii) material falling with Article 13(1)(a) of that Order (certain personal records held in confidence), or

(iii) material to which Article 16(2) of that Order applies (other material acquired in the course of a trade etc that is held in confidence).

Commencement Information

I1 S. 43 not in force at Royal Assent, see s. 208(1)

I2 S. 43 in force at 8.11.2022 by S.I. 2022/1075, reg. 5(g)