- Latest available (Revised)
- Original (As made)
This is the original version (as it was originally made).
80.—(1) The exceptions to the duties imposed by regulations 77(7) and 78(12) are where in the opinion of the Commissioner or appropriate authority (as the case may be) the non-disclosure of information is necessary for a purpose mentioned in paragraph (2).
(2) The purposes are—
(a)preventing the premature or inappropriate disclosure of information that is relevant to, or may be used in, any actual or prospective disciplinary or criminal proceedings;
(b)preventing the disclosure of information in any circumstances in which its non-disclosure—
(i)is in the interests of national security;
(ii)is for the purposes of the prevention or detection of crime, or the apprehension or prosecution of offenders;
(iii)is required on proportionality grounds; or
(iv)is otherwise necessary in the public interest.
(3) The Commissioner or appropriate authority (as the case may be) may only conclude that the non-disclosure of information is necessary under paragraph (1) if satisfied that—
(a)there is a real risk of the disclosure of that information causing an adverse effect, and
(b)that adverse effect would be significant.
(4) For the purposes of paragraph (2)(b)(iii), the non-disclosure of information is required on proportionality grounds if its disclosure would cause, directly or indirectly, an adverse effect which would be disproportionate to the benefit arising from its disclosure.
(5) The Commissioner or appropriate authority (as the case may be) must consider whether the non-disclosure of information is justified under paragraph (2) in circumstances where—
(a)that information is relevant to, or may be used in, any actual or prospective administrative action procedures;
(b)the disclosure of that information may lead to the contamination of the evidence of witnesses during such procedures;
(c)the disclosure of that information might prejudice the welfare or safety of any third party;
(d)that information constitutes criminal intelligence.
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Explanatory Memorandum sets out a brief statement of the purpose of a Statutory Instrument and provides information about its policy objective and policy implications. They aim to make the Statutory Instrument accessible to readers who are not legally qualified and accompany any Statutory Instrument or Draft Statutory Instrument laid before Parliament from June 2004 onwards.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: