Communications Regulation and Digital Hub Development Agency (Amendment) Act 2023
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Miscellaneous amendments to Principal Act | ||
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133. The Principal Act is amended by the insertion of the following section after section 60: | ||
“Privileged legal material | ||
61. (1) Subject to subsection (2), nothing in this Act or a related enactment shall compel the disclosure by any person of privileged legal material or authorise the taking of privileged legal material. | ||
(2) The disclosure of information may be compelled, or possession of it taken, pursuant to this Act or a related enactment, notwithstanding that it is apprehended that the information is privileged legal material, provided that the compelling of its disclosure or the taking of its possession is done by means whereby the confidentiality of the information can be maintained (as against the person compelling such disclosure or taking such possession) pending the determination by the High Court of the issue as to whether the information is privileged legal material. | ||
(3) Without prejudice to subsection (4), where, in the circumstances referred to in subsection (2), information has been disclosed or taken possession of pursuant to this Act or a related enactment, the person— | ||
(a) to whom such information has been so disclosed, or | ||
(b) who has taken possession of it, shall (unless the person has, within the period subsequently mentioned in this subsection, been served with notice of an application under subsection (4) in relation to the matter concerned) apply to the High Court as soon as is reasonably practicable for a determination as to whether the information is privileged legal material. | ||
(4) A person who, in the circumstances referred to in subsection (2), is compelled to disclose information, or from whose possession information is taken, pursuant to this Act, may apply to the High Court for a determination as to whether the information is privileged legal material. | ||
(5) Pending the making of a final determination of an application under subsection (3) or (4), the High Court may give such interim or interlocutory directions as the court considers appropriate including, without prejudice to the generality of the foregoing, directions as to— | ||
(a) the preservation of the information, in whole or in part, in a safe and secure place in any manner specified by the court, | ||
(b) the appointment of a person with suitable legal qualifications possessing the level of experience, and the independence from any interest falling to be determined between the parties concerned, that the court considers to be appropriate for the purpose of— | ||
(i) examining the information, and | ||
(ii) preparing a report for the court with a view to assisting or facilitating the court in the making by the court of its determination as to whether the information is privileged legal material. | ||
(6) Subsections (1) to (5) also apply to irrelevant material and references in those subsections to ‘privileged legal material’ shall be construed as referring to irrelevant material as the case may be. | ||
(7) An application under subsection (3), (4) or (5) shall be by motion and may, if the High Court directs, be heard otherwise than in public. | ||
(8) In this section— | ||
‘computer’ includes a personal organiser or any other electronic means of information storage or retrieval; | ||
‘information’ means information contained in a book, document or record, a computer or otherwise; | ||
‘irrelevant material’ means information which, in the opinion of the High Court, a person is entitled to refuse to produce on the grounds that it is not relevant to the purpose for which it is sought by the Commission; | ||
‘privileged legal material’ means information which, in the opinion of the High Court, a person is entitled to refuse to produce on the grounds of legal professional privilege. | ||
Freedom of Information Act not to apply to certain confidential information | ||
62. The Freedom of Information Act 2014 shall not apply to information classified as confidential which the Commission receives from the European Commission or from the national regulatory authority or competent authority of another Member State in accordance with Article 20 of Directive 2018/1972 of the European Parliament and of the Council of 11 December 20188 . | ||
Publication of certain notices | ||
63. Before taking any measure in accordance with Directive 2018/1972 of the European Parliament and of the Council of 11 December 2018 9 which will have a significant impact on a relevant market, the Commission shall publish the text of the proposed measure, give the reasons for it, including information as to which of the Commission’s statutory powers gives rise to the measure, and specify the period within which submissions relating to the proposal may be made by interested parties.”. | ||