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5. In regulation 8, for paragraph (3) substitute—
“(3) Paragraph (1) shall not require a consultation body to make available to the applicant any information which—
(a)it may refuse to disclose under regulation 12(1) of the Environmental Information Regulations 2004(1); or
(b)it is prevented from disclosing by regulation 13(1) of those Regulations.
(4) Where a consultation body is not a public authority within the meaning of regulation 2(2) of the Environmental Information Regulations 2004, paragraph (3) shall apply as if it were such a public authority.”.
S.I. 2004/3391.
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