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(1)The Agency may, subject to the following provisions of this section, publish in such manner as it thinks fit—
(a)any advice given under section 6, 7 or 9 (including advice given in pursuance of a request under section 6(2));
(b)any information obtained through observations under section 10 or monitoring under section 12; and
(c)any other information in its possession (whatever its source).
(2)The exercise of that power is subject to the requirements of the M1Data Protection Act 1998.
(3)That power may not be exercised if the publication by the Agency of the advice or information in question—
(a)is prohibited by an enactment;
(b)is incompatible with any [F1EU] obligation; or
(c)would constitute or be punishable as a contempt of court.
(4)Before deciding to exercise that power, the Agency must consider whether the public interest in the publication of the advice or information in question is outweighed by any considerations of confidentiality attaching to it.
(5)Where the advice or information relates to the performance of enforcement authorities, or particular enforcement authorities, in enforcing relevant legislation, subsection (4) applies only so far as the advice or information relates to a person other than—
(a)an enforcement authority, or
(b)a member, officer or employee of an enforcement authority acting in his capacity as such.
(6)Expressions used in subsection (5) and defined in section 15 have the same meaning as in that section.
(7)Except as mentioned above, the power under subsection (1) is exercisable free from any prohibition on publication that would apply apart from this section.
(8)In this section “enactment” means an enactment contained in, or in subordinate legislation made under, any Act, Act of the Scottish Parliament or Northern Ireland legislation.
(9)The Agency may also disclose to another public authority any advice or information mentioned in subsection (1); and the other provisions of this section apply in relation to disclosure under this subsection as they apply in relation to publication under that subsection.
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Text created by the government 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 Public Acts except Appropriation, Consolidated Fund, Finance and Consolidation Acts.
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