SCHEDULES

SCHEDULE 3Exceptions to section 56

Disclosures to inquiries and inquests

I123

1

Section 56(1) does not apply in relation to any restricted proceedings of an inquiry held under the Inquiries Act 2005.

2

Proceedings of an inquiry held under that Act are “restricted proceedings” for the purposes of this paragraph if restrictions imposed under section 19 of that Act are in force prohibiting attendance at the proceedings by any person who is not—

a

a member of the panel of the inquiry,

b

a person appointed as legal adviser to the inquiry,

c

a person who is a relevant party to the proceedings,

d

a person representing such a person for the purposes of the proceedings, or

e

a person performing functions necessary for the proper functioning of the proceedings.

3

But sub-paragraph (1) does not permit any disclosure which has not been made in accordance with paragraph 22(1).

4

In this paragraph “relevant party”, in relation to any proceedings of an inquiry, means—

a

any person making a disclosure to the panel of the inquiry, or to a person appointed as legal adviser to the inquiry, in accordance with paragraph 22(1);

b

any person giving evidence to the inquiry in circumstances where, in the absence of sub-paragraph (1), the prohibition imposed by section 56(1) would be breached;

c

any person whose conduct is the interception-related conduct (within the meaning of section 56) to which the disclosure or evidence relates (whether or not that conduct has in fact occurred);

d

any other person to whom the subject-matter of the disclosure or evidence has been lawfully disclosed in accordance with section 58.

5

Any reference in this paragraph to a person appointed as legal adviser to an inquiry is to be read in accordance with paragraph 22(3).