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SCHEDULE 2PROCEDURE FOR MAKING REGULATIONS

Disclosure of representations

2(1)Where a person making representations about draft regulations or revised draft regulations under paragraph 1 has requested the Welsh Ministers not to disclose them, the Welsh Ministers must not disclose them under paragraph 1 if or to the extent that to do so would (disregarding any connection with proceedings in the National Assembly for Wales) constitute a breach of confidence actionable by any person.

(2)If information in representations relates to another person, the Welsh Ministers need not disclose the information under paragraph 1 if or to the extent that—

(a)it appears to the Welsh Ministers that the disclosure of that information could adversely affect the interests of that other person; and

(b)the Welsh Ministers have been unable to obtain the consent of that other person to the disclosure.

(3)Sub-paragraphs (1) and (2) do not affect any disclosure that is requested by, and made to, a committee of the National Assembly for Wales charged with reporting on the draft regulations or revised draft regulations.