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Preparation of draft report and observations of affected persons.
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36.—(1) Before publishing a report, the Board shall send a draft of the report or sections of the draft report to any person who, in its opinion, is likely to be adversely affected by the publishing of the report or sections or, if that person be deceased, then such person as appears to the Board best to represent that person's interest.
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(2) A person to whom the Board sends a draft in accordance with subsection (1) may, within a period of 28 days commencing on the date on which the draft is sent to the person, or such further period, not exceeding 28 days, as the Board in its absolute discretion thinks fit, submit to the Board in writing his or her observations on the draft.
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(3) A person to whom a draft has been sent in accordance with subsection (1) may apply to the Board for an extension, in accordance with subsection (2), of the period in which to submit his or her observations on the draft.
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(4) Observations submitted to the Board in accordance with subsection (2) shall be included in an appendix to the published report, unless the person submitting the observations requests in writing that the observations be not published.
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(5) Where observations are submitted to the Board in accordance with subsection (2), the Board may, at its discretion—
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(a) alter the draft before publication or decide not to do so, or
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(b) include in the published report such comments on the observations as it thinks fit.
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(6) A person to whom a draft has been sent in accordance with subsection (1) shall not publish or publicise, or cause to have published or publicised, the draft or its contents, except with the prior consent in writing of the Board.
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(7) A person who contravenes subsection (6) shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding £1,500 or to imprisonment for a term not exceeding 12 months, or both.
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