The Bradford & Bingley plc Compensation Scheme (Amendment) Order 2009

4.  After paragraph 8 insert—

“PART 3A Information

8A.— (1) The court may, on an application by the valuer, make an order requiring the provision of information that is reasonably required for the purpose of assessing the amount of any compensation payable by the Treasury.

(2) A person required to provide information pursuant to an order under sub-paragraph (1) shall not be required to provide information—

(a) in respect of which a claim to legal professional privilege (in Scotland, to confidentiality of communications) could be maintained in legal proceedings;

(b) if such provision by the person holding it would be prohibited by or under any enactment;

(c) if it is held by a government department and such provision would be contrary to the public interest.

(3) In relation to information recorded otherwise than in legible form, the power to require it to be provided includes power to require it to be provided in a form from which it can readily be produced in visible and legible form.

8B.   A person who provides information to the valuer for the purpose of the assessment by the valuer of the amount of any compensation payable by the Treasury is not, by reason only of the provision of such information, liable in any proceedings relating to a breach of an obligation of confidence.

8C.   Specified information shall not be disclosed by the valuer (or any person to whom the valuer has disclosed such information in accordance with paragraph 8D(2)) without the consent of the person from whom the valuer obtained the specified information and, if different, the person to whom it relates.

8D.— (1) The prohibition in paragraph 8C of the disclosure of specified information is subject to the following exceptions.

(2) The valuer may, for the purpose of assessing the amount of any compensation payable, disclose specified information to any staff appointed under paragraph 8 or to any person providing advice or assistance to the valuer.

(3) The valuer may disclose specified information if and to the extent that the valuer considers it necessary to do so for the purpose of exercising the functions of the office.

(4) The valuer must, before disclosing any specified information in accordance with sub-paragraph (3), have regard to the need to exclude from disclosure (so far as practicable) —

(a) commercial information, the disclosure of which might significantly harm the legitimate business interests of the person to whom it relates,

(b) information relating to the private affairs of an individual, the disclosure of which might significantly harm the individual’s interests, or

(c) any information the disclosure of which would be contrary to the public interest.

(5) The valuer may disclose specified information in accordance with this paragraph subject to such conditions as the valuer thinks appropriate.

8E.   In this Part —

“court” means the High Court or the Court of Session;

“specified information” means any information obtained by the valuer for the purpose of assessing the amount of any compensation payable by the Treasury. ”.