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43.—(1) Subject to paragraphs (2) and (4), the receiving responder must comply with a request for information.
(2) To the extent that the receiving responder is satisfied that–
(a)the request for information relates to sensitive information of the kind specified by paragraph (1)(a) of regulation 39 and disclosure to the requesting responder would, or would be likely to, adversely affect national security;
(b)the request for information relates to sensitive information of the kind specified by paragraph (1)(b), (c) or (d) of regulation 39 and disclosure to the requesting responder would, or would be likely to, adversely affect the confidentiality of the information,
the receiving responder must not comply with the request for information.
(3) If a receiving responder refuses to comply with a request in the circumstances specified in paragraph (2)(b), it must give reasons.
(4) To the extent that the receiving responder is satisfied that a request for information relates to sensitive information which has been directly or indirectly supplied to the receiving responder by a body which deals with security matters, the receiving responder must not comply with the request unless that body has given its consent to the provision of the information to the requesting responder; such consent may contain conditions.