PART 2THE OFFICE OF ENVIRONMENTAL GOVERNANCE WALES

Disclosure of information and confidentiality

27Confidentiality requirements: the OEGW

(1)

The OEGW must not disclose—

(a)

information obtained by virtue of provision mentioned in subsection (2),

(b)

correspondence between the OEGW and a public authority that relates to a particular information notice or compliance notice, or to the preparation of a particular improvement report, or

(c)

correspondence between the OEGW and a public authority that is, or contains, an information notice or compliance notice or an unpublished draft of an improvement report.

(2)

The provisions are—

(a)

section 15(1) (information notices);

(b)

section 20(10) (requirement to provide information that the OEGW reasonably requires for the purposes of a review of a compliance notice);

(c)

section 25(1) (public authority’s duty to co-operate with OEGW).

(3)

Subsection (1) does not apply to—

(a)

a disclosure mentioned in subsection (1)(a) or (b) made with the consent of the public authority that provided the information or correspondence;

(b)

a disclosure made for purposes connected with the exercise of the OEGW’s functions;

(c)

a disclosure that relates only to a matter in relation to which the OEGW does not intend to take any further action under this Part;

(d)

a disclosure made for the purposes of civil proceedings;

(e)

a disclosure made for the purposes of a criminal investigation or criminal proceedings or for the purposes of the prevention or detection of crime;

(f)

a disclosure made in pursuance of an order of a court or tribunal;

(g)

a disclosure made in accordance with an enactment requiring or permitting the disclosure.