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The Environment and Safety Information (Northern Ireland) Order 1993

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Protection of trade secrets, etc.N.I.

5.—(1) This Article applies where a person on whom a relevant notice has been served ( “the person affected”) gives written notification to the enforcing authority, within the period of 14 days from the date of service, that the making of an entry in the register in relation to the notice would disclose information about a trade secret or secret manufacturing process ( “the secret”).

(2) Where such a notification is given, the enforcing authority—

(a)shall draft such an entry as, in its opinion, would make particulars of the relevant notice public without disclosing information about the secret;

(b)shall serve on the person affected a copy of the draft and a notice of its intention to make an entry in the register in the terms of the draft;

(c)shall not, until one of the conditions specified in paragraph (4) is satisfied, make any entry in relation to the relevant notice except one which does no more than—

(i)specify the name and address of the person affected;

(ii)identify the place (if any) where it is alleged that any matters giving rise to the service of the notice have occurred, are occurring or are likely to occur; and

(iii)specify those statutory provisions which have given rise to the service of the notice, including, in particular, any statutory provisions which it is alleged have been, are being or are likely to be contravened; and

(d)shall cause to be deleted from the register any entry relating to the relevant notice which does not satisfy the requirements of sub-paragraph (c).

(3) The person affected may in accordance with[F1 the provisions prescribed by order under Article 10 of the Deregulation and Contracting Out (Northern Ireland) Order 1996 (model provisions with repect to appeals)] appeal against the enforcing authority's proposal to make an entry in the terms of the draft;F2. . .

(4) The conditions referred to in paragraph (2)(c) are the following, that is to say—

(a)that the person affected has given his written consent to an entry being made in the terms of the draft or in such other terms as he may have agreed with the enforcing authority;

(b)where no such consent has been given, that no appeal under paragraph (3) against the making of an entry in the terms of the draft has been brought within the time limited for doing so; or

(c)that on such an appeal the person hearing the appeal has directed that the entry shall be made.

(5) Where any entry is made in accordance with the provisions of paragraphs (1) to (4) it shall be accompanied by a statement indicating (if such is the case) that information has been withheld in accordance with the provisions of this Article.

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