Part 1The Judiciary
F2The Ombudsman
X19IF1Confidentiality in relation to judicial appointments and discipline
1
A person who obtains confidential information, or to whom confidential information is provided, under or for the purposes of a relevant provision must not disclose it except with lawful authority.
2
These are the relevant provisions—
a
F3sections 12 to 12C of the Judicature (Northern Ireland) Act 1978 (appointment and removal of Lord Chief Justice, Lords Justices of Appeal and judges of High Court);
b
sections 3, F5... 7 and 9 to 9H of this Act (appointment and removal of judicial officers, and appointment and removal of lay magistrates);
F4ba
Schedule 3 to this Act and paragraph 2A of Schedule 11 to the Northern Ireland Act 1998;
c
sections 134 and 135 of the Constitutional Reform Act 2005 (removal from judicial offices);
d
section 16 of this Act (complaints about judicial officers);
3
Information is confidential if it relates to an identified or identifiable individual (a “subject”).
4
Confidential information is disclosed with lawful authority only if and to the extent that any of the following applies—
a
the disclosure is with the consent of each person who is a subject of the information (but this is subject to subsection (5));
b
the disclosure is for (and is necessary for) the exercise by any person of functions under a relevant provision or a decision whether to exercise them;
c
the disclosure is required, under rules of court or a court order, for the purposes of legal proceedings of any description.
5
An opinion or other information given by one identified or identifiable individual (A) about another (B)—
a
is information that relates to both;
b
must not be disclosed to B without A's consent.
6
This section does not prevent the disclosure with the agreement of the Lord Chancellor and the Lord Chief Justice of information as to disciplinary action taken in accordance with a relevant provision.
7
This section does not prevent the disclosure of information which is already, or has previously been, available to the public from other sources.
8
A contravention of this section in respect of any information is actionable, subject to the defences and other incidents applying to actions for breach of statutory duty.
9
But it is actionable only at the suit of a person who is a subject of the information.
S. 9A and preceding cross-heading inserted (25.9.2006) by Constitutional Reform Act 2005 (c. 4), ss. 124(2), 148; S.I. 2006/1537, art. 3(a)