Prospective
(1)A public authority must not disclose correspondence between the OEGW and that, or any other, public authority—
(a)that relates to a particular information notice or compliance notice, or to the preparation of a particular improvement report, or
(b)that is, or contains, such a notice or an unpublished draft of such a report.
(2)Subsection (1) does not apply to—
(a)a disclosure mentioned in subsection (1)(a) made with the consent of the OEGW and the public authority with which the OEGW was corresponding (if not the public authority making the disclosure);
(b)a disclosure mentioned in subsection (1)(b) made with the consent of the OEGW;
(c)a disclosure made for purposes connected with co-operating with an investigation under section 17;
(d)a disclosure made for purposes connected with an information notice or compliance notice;
(e)a disclosure made for purposes connected with a High Court review under section 21, a statutory review or civil proceedings;
(f)a disclosure made for the purposes of a criminal investigation or criminal proceedings or for the purposes of the prevention or detection of crime;
(g)a disclosure made in pursuance of an order of a court or tribunal;
(h)a disclosure made in accordance with an enactment requiring or permitting the disclosure.
(3)The OEGW may not consent to the disclosure of a notice or an unpublished draft of a report in accordance with subsection (2)(b) unless the notice or draft report relates only to a matter in relation to which the OEGW does not intend to take any further action under this Part.
(4)If a public authority’s request for consent in accordance with subsection (2)(a) or (b) relates only to a matter in relation to which the OEGW does not intend to take any further action under this Part, the OEGW may not withhold its consent.
(5)In this section, “statutory review” means a claim for statutory review under—
(a)section 287 or 288 of the Town and Country Planning Act 1990 (c. 8),
(b)section 22 of the Planning (Hazardous Substances) Act 1990 (c. 10),
(c)section 113 of the Planning and Compulsory Purchase Act 2004 (c. 5), or
(d)section 183 of the Historic Environment (Wales) Act 2023 (asc 3).
Commencement Information
I1S. 28 in force at 27.4.2028 (conditional on an earlier day not being appointed by Welsh Ministers), see s. 46(4)(5)(6)(c)