Regulatory Reform Act 2001

7 Representations made in confidence or containing damaging information

(1) Subsection (2) applies where a person (“the respondent”), in making any representations as a result of any consultation undertaken as required by section 5(1) or (3), requests that the Minister should not disclose the representations made by the respondent.

(2) Where this subsection applies, the Minister, in giving details of the representations referred to in section 6(2)(k), shall disclose the fact that the respondent has made representations, but shall not disclose the respondent’s representations except—

(a) with the consent of the respondent and, where the information contained in the representations relates to any other person or business, of the person to whom the information relates or of the person for the time being carrying on the business, or

(b) in such a manner as not to identify them with that respondent or with that other person or business.

(3) Where a person, in making any representations as a result of any consultation undertaken as required by section 5(1) or (3), discloses information which relates to a third person, the Minister is not obliged to disclose that information in giving details of the representations referred to in section 6(2)(k) if, or to the extent that—

(a) it appears to the Minister that the disclosure of that information could adversely affect the interests of the third person, and

(b) the Minister has been unable either to verify the information or to obtain the consent of the third party to the disclosure.

(4) Subsections (2) and (3) do not affect any disclosure which—

(a) is requested during the period for Parliamentary consideration, as defined by section 8(2), by any committee of either House of Parliament charged with reporting on the proposals in question, and

(b) is made to that committee.