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- Original (As enacted)
This is the original version (as it was originally enacted).
(1)For the purposes of the law of defamation—
(a)any statement made by the Commissioner or any of the Commissioner’s staff—
(i)in conducting an investigation under this Act;
(ii)in communicating with any person for the purposes of such an investigation; or
(iii)in a report published under this Act,
has absolute privilege;
(b)any other statement made by the Commissioner or any of the Commissioner’s staff in pursuance of the purposes of this Act has qualified privilege; and
(c)any statement made to the Commissioner or any of the Commissioner’s staff in pursuance of those purposes has qualified privilege.
(2)In subsection (1), “statement” has the same meaning as in the Defamation Act 1996 (c. 31).
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Text created by the Scottish Executive department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Acts of the Scottish Parliament except those which result from Budget Bills
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