Manner of proceedings etc.

Warning letters13

1

The contents of a warning letter are to be treated as subject to an obligation of confidence owed–

a

separately by each member of the inquiry team to the recipient;

b

by the recipient to the chairman; and

c

by the recipient’s recognised legal representative to the chairman (where the recipient has disclosed the letter under rule 12(6)).

2

The obligation of confidence may be waived in writing at any time by the chairman or, as the case may be, by the recipient.

3

The inquiry panel’s obligation of confidence arising under this rule ends when the inquiry report is signed in accordance with section 24(4) of the Act.

4

All other obligations of confidence arising under this rule end when the inquiry report is published under section 25 of the Act.

5

A breach of the obligation referred to in paragraph (1) is actionable by the person to whom the obligation is owed.

6

In this rule “the recipient” means the person to whom a warning letter is sent under rule 12.