PART 3Protection of information

Circumstances where the registrar must not disclose protected information6

1

Subject to paragraph (3), the registrar must not disclose protected information if in relation to that information an application has been made under regulation 7 which—

a

has not yet been determined by the registrar and has not been withdrawn under regulation 9;

b

has been determined by the registrar in favour of the applicant (but see paragraph (2));

c

was unsuccessful and a period of 42 days beginning with the date of the notice sent under regulation 7(7) has not passed;

d

was unsuccessful and an appeal to the court in respect of that application under regulation 10 has not been determined by the court; or

e

was unsuccessful but the applicant has successfully appealed the determination and the final determination is that the application is successful (but see paragraph (2)).

2

Sub-paragraphs (b) and (e) of paragraph (1) do not apply where the determination has ceased to have effect under regulation 12 (duration of a determination under regulation 7).

3

Where the prohibition in paragraph (1) applies, the registrar may disclose that protected information—

a

for communicating with the person to whom the application under regulation 7 relates and, if different, the applicant;

b

to a specified public authority where the conditions specified in Schedule 2 are satisfied; and

c

for the purposes of referring any question under regulation 8(1)(b).

4

For the purposes of this regulation, an application under regulation 7 is made when it has been registered by the registrar.