Industry Act 1975

31 Information for trade unions

(1) Subject to subsections (2) to (8) below, after a Minister has received the information specified in a notice under section 30 above the Minister may serve—

(a) a further notice on the company or companies concerned provisionally requiring them to furnish to the authorised representative of each relevant trade union the whole or part of the information furnished to him under section 30 above, and

(b) a notice as to the furnishing of that information on each such representative,

and any notice served under this subsection shall specify a reasonable period, which shall not be less than 28 days, as the period within which references may be required under section 32(1) below.

(2) A Minister shall not require information to be furnished if he considers that reasons of national policy or special reasons apply.

(3) For the purposes of this Act reasons of national policy apply if the Minister considers—

(a) that to furnish the information would be undesirable in the national interest; or

(b) that the company or companies concerned could not furnish it without contravening a prohibition imposed by or under an enactment.

(4) For the purposes of this Act special reasons apply if the Minister considers—

(a) that the information was communicated to the company or companies concerned in confidence, or was information which they otherwise obtained in consequence of the confidence reposed in them by another person; or

(b) that the disclosure of the information would cause substantial injury to the undertaking ; or

(c) that its disclosure would cause substantial injury to a substantial number of employees of the undertaking.

(5) A Minister shall not serve a notice under subsection (1) above without giving—

(a) to the company or companies concerned, and

(b) to the authorised representative Of each relevant trade union,

an opportunity of making representations to him.

(6) The notice to be given to the company or companies concerned under subsection (1) above is a notice stating what information (if any) the Minister proposes to require them to furnish.

(7) The notice to be given to the authorised representatives under subsection (1) above is a notice stating whether or not the Minister proposes to require the company or companies concerned to furnish all the information furnished to him by them.

(8) If a notice given to authorised representatives under subsection (1) above states that the Minister does not propose to require the company or companies concerned to furnish all the information, it shall give such indication of the nature (without disclosing the substance) of any information which the Minister proposes should not be furnished for special reasons as will enable the representatives to consider whether or not they ought to exercise their right to require a reference under section 32 below.