PART 2UK law-enforcement bodies’ duties in respect of Level 2 disclosures

Duty to provide information to the independent reviewer

article 8 + 8.—(1) In carrying out a review under Part 1 of the Disclosure Act in respect of a Level 2 review application, the independent reviewer may by notice require any person mentioned in paragraph (2) to provide the reviewer information which the reviewer—

article 8 1 a + (a)believes the person holds, and

article 8 1 b + (b)considers is necessary to carry out the review.

(2) The persons referred to in paragraph (1) are—

article 8 2 a + (a)the chief officer of a UK law-enforcement body;

article 8 2 b + (b)the Secretary of State;

article 8 2 c + (c)the Department of Justice in Northern Ireland;

article 8 2 d + (d)any other person whom the reviewer considers appropriate and whom the reviewer could not require to provide the information under section 28(1)(b) of the Disclosure Act.

(3) The chief officer of a UK law-enforcement body must not provide information in accordance with this article if the chief officer thinks that disclosing the information would be contrary to the interests of the prevention or detection of crime.

(4) A notice under paragraph (1) must specify the information sought and the period within which it must be provided.

(5) In this article—

term independent reviewer + “independent reviewer” has the meaning given in article 6;

term level 2 review application + “Level 2 review application” means an application under section 20(1) of the Disclosure Act.