The Commissioner for Complaints (Amendment) (Northern Ireland) Order 1997

Information

6.—(1) Article 21 of the principal Order (information) shall be amended in accordance with paragraphs (2) to (5).

(2) In paragraph (1) (information not to be disclosed except for certain purposes) after the word “except” there shall be inserted “as permitted by paragraph (1 B) or”.

(3) After paragraph (1) there shall be inserted—

“(1A) aragraph (1B) applies where, in the course of an investigation, the Commissioner or any of his officers obtains information which—

(a) does not fall to be disclosed for the purposes of the investigation or any report to be made in respect of it; and

(b) is to the effect that a person is likely to constitute a threat to the health or safety of any other person.

(1B) In such a case the Commissioner may disclose the information to any person to whom he thinks it should be disclosed in the interests of the health or safety of any person; and a person to whom disclosure may be made may, for instance, be a body which regulates the profession to which the person first mentioned in paragraph (1A)(b) belongs or his employer or any person with whom he has made arrangements to provide services.

(1C) If the Commissioner discloses information as permitted by paragraph (1B) he shall—

(a) inform the person first mentioned in paragraph (1A)(b) that he has disclosed it; and

(b) inform him of the identity of any person to whom he has disclosed it.”.

(4) In paragraph (2) (neither the Commissioner nor his officers to be called on to give evidence) after “and his officers” there shall be inserted “and advisers”.

(5) After paragraph (2) there shall be inserted—

“(2A) The reference in paragraph (2) to the Commissioner’s advisers is a reference to persons from whom the Commissioner obtains advice under Article 6(1A).”.