Section 29: Disclosure of information and holding of inquiries
74.This section inserts a new section 76A into the 2000 Act. Section 76A(1) sets out the grounds on which information ought not to be disclosed for the purposes of –
a decision by the Chief Constable under section 33A of the 2000 Act (as inserted by section 22 of the Act), that information ought not to be disclosed by him to the Board;
a reference by the Chief Constable to the Secretary of State under section 59(3) of the 2000 Act (as amended by section 10 of the Act) of a requirement to submit a report to the Board, where the Chief Constable considers that such a report would contain information which ought not to be disclosed; and
the obligations imposed by section 66(3) of the 2000 Act (as inserted by section 13(4) of the Act) in relation to information supplied by the Chief Constable or the Board to the Ombudsman for the purposes of an investigation by the Ombudsman under section 60A of the 1998 Act.
75.Section 76A(2) sets out the grounds on which an inquiry ought not to be held for the purposes of a reference by the Chief Constable to the Secretary of State under section 60(3) of the 2000 Act (as amended by section 11 of the Act) of a decision by the Board to cause an inquiry to be held.
76.With two exceptions, the grounds set out in the new section 76A(1) and (2) mirror those previously set out in sections 59(3) and 60(3) of the 2000 Act. The exceptions are:
The second ground of referral – sections 59(3)(b) and 60(3)(b) of the 2000 Act referred to “information of a sensitive personal nature”. In the new section 76A this ground is altered so as to refer to “sensitive personnel information” (new section 76A(1)) or a “sensitive personnel matter” (new section 76A(2)). (“Personnel information” and “personnel matter” are defined in the new section 76A(3) to (6). These terms cover applicants to, and former members of, the police or other groups (e.g. civilian staff) under the direction and control of the Chief Constable);
The fourth ground of referral at sections 59(3)(d) and 60(3)(d) of the 2000 Act (where disclosure would affect the prevention or detection of crime, or apprehension or prosecution of offenders) has been dropped.