Legislative Reform Measure 2018

5 Laying proposals before General Synod E

(1) If, after the conclusion of the consultation under section 4, the Archbishops' Council considers it appropriate to proceed with the making of an order under section 1, it must lay before the General Synod a draft of the order together with an explanatory document.

(2) The explanatory document must—

(a) introduce and give the reasons for the provision contained in the draft order,

(b) explain why the Council considers that the conditions in section 2 are (so far as relevant) satisfied,

(c) include (so far as appropriate) an assessment of the extent to which the provision contained in the draft order would remove or reduce burdens as defined by section 1, and

(d) give details of—

(i) the consultation undertaken under section 4,

(ii) the representations received in response, and

(iii) the changes (if any) made as a result of those representations.

(3) Where a person making representations in response to consultation under section 4 asks the Council not to disclose the representations, the Council must not disclose the representations under subsection (2)(d)(ii) if or to the extent that doing so would be an actionable breach of confidence.

(4) If information in representations made by a person in response to consultation under section 4 relates to another person, the Council is not required to disclose the information under subsection (2)(d)(ii) if or to the extent that—

(a) it appears to the Council that disclosing the information could adversely affect the interests of that other person, and

(b) the Council has been unable to obtain the consent of that other person to the disclosure.

(5) Subsections (3) and (4) do not affect a disclosure that is requested by, and made to, the committee established under the Standing Orders of the General Synod in accordance with section 6 for the purposes of its consideration of the draft order.

(6) The Archbishops' Council may at any time withdraw a draft of an order under section 1 which has been laid before the General Synod; and the Standing Orders of the Synod may make further provision in relation to the withdrawal of a draft of an order under that section.