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(1)For the purposes of the law of defamation, the following are absolutely privileged—
(a)the publication of a matter by the Commissioner in the exercise of any of his or her functions;
(b)the publication of a matter by a member of the Advisory Panel in the exercise of any of his or her functions;
(c)the publication of a matter by a person in compliance with a requirement in a decision notice;
(d)the publication, in a communication between—
(i)the Commissioner, and
(ii)a protected person,
of a matter in connection with an inquiry or investigation;
(e)the publication, in a communication between—
(i)the complainant or a person acting on behalf of the complainant, and
(ii)a representative,
of a matter in connection with an investigation under Part 5 or Part 6.
(2)In this section a reference to the Commissioner includes the following persons—
(a)the members of the Commissioner's staff;
(b)any person acting on the Commissioner's behalf or assisting in the exercise of the Commissioner's functions.
Commencement Information
I1S. 140(1)(a)(b)(2) in force at 1.4.2012 by S.I. 2012/969, art. 2(n)
I2S. 140(1)(c) in force at 7.7.2015 by S.I. 2015/1413, art. 3(e)
I3S. 140(1)(d)(e) in force at 1.4.2012 for specified purposes by S.I. 2012/969, art. 2(n)
I4S. 140(1)(d)(e) in force at 7.7.2015 in so far as not already in force by S.I. 2015/1413, art. 3(d)
In this Chapter—
“complainant” (“achwynydd”)\ means—
in relation to an investigation under Part 5, the person (if any) referred to as “P” in section 93;
in relation to an investigation under Part 6—
the person referred to as “P” in section 111; and
the person referred to as “R” in section 111;
“inquiry” (“ymholiad”) means an inquiry under section 7;
“investigation” (“ymchwiliad”) means any of the following—
a standards investigation under Chapter 8 of Part 4;
an investigation under Part 5 (compliance with relevant requirements);
an investigation under Part 6 (interference with the freedom to communicate in Welsh);
“protected person” (“person a ddiogelir”), in relation to an inquiry or investigation, means any of the following persons—
a member of the Advisory Panel;
a representative;
a person who is the subject of the inquiry or investigation;
a person with whom the Commissioner is communicating for the purpose of obtaining information in connection with an inquiry or investigation;
the complainant;
a person acting on behalf of a person falling within paragraph (c) to (e);
“representative” (“cynrychiolydd”) means any of the following persons—
a member of a community council, county borough council or county council in Wales;
a Member of the National Assembly for Wales;
a Member of Parliament;
a member of the House of Lords;
a Member of the European Parliament.
Commencement Information
I5S. 141 in force at 1.4.2012 for specified purposes by S.I. 2012/969, art. 2(o)
I6S. 141 in force at 7.7.2015 in so far as not already in force by S.I. 2015/1413, art. 3(e)