SCHEDULES

SCHEDULE 14Prohibition on disclosure of HSSIB material: exceptions

I15Disclosure by order of the High Court

1

A person may apply to the High Court for an order that any protected material be disclosed by the HSSIB to the person for the purposes specified in the application.

2

Those purposes may include onward disclosure by the person making the application to a person specified in the application.

3

The HSSIB may make representations to the High Court about any application under this paragraph.

4

The High Court may make an order on an application under this paragraph only if it determines that the interests of justice served by the disclosure outweigh—

a

any adverse impact on current and future investigations by deterring persons from providing information for the purposes of investigations, and

b

any adverse impact on securing the improvement of the safety of health care services provided to patients in England.