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Legal Aid, Advice and Assistance (Northern Ireland) Order 1981, Section 38A is up to date with all changes known to be in force on or before 30 August 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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38A—(1) Information which is furnished—
(a)to the Department or to any court, tribunal or other person or body on whom functions are imposed or conferred by or under this Part, and
(b)in connection with the case of a person seeking free legal aid under this Part,
shall not be disclosed except as permitted by rules under Article 36.
(2) Paragraph (1) does not limit the disclosure of—
(a)information in the form of a summary or collection of information so framed as not to enable information relating to any individual to be ascertained from it, or
(b)information about the amount of any grant, loan or other payment made to any person or body by the Department.
(3) Paragraph (1) does not prevent the disclosure of information for any purpose with the consent of the person in connection with whose case it was furnished and, where the person did not furnish it himself or herself, with that of the person or body who did.
(4) A person who discloses any information in contravention of this Article shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 4 on the standard scale.
(5) Proceedings for an offence under this Article shall not be brought except by, or with the consent of, the Director of Public Prosecutions.
(6) Nothing in this Article applies to information furnished to a personassigned to provide free legal aid under this Part by or on behalf of a person receiving such legal aid.]
F1Art. 38A inserted (1.4.2015) by Legal Aid and Coroners‘ Courts Act (Northern Ireland) 2014 (c. 11), s. 12(1), Sch. 2 para. 1(6) (with ss. 2(3), 9, Sch. 1 para. 3(3)); S.R. 2015/193, art. 2(e)
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