119 Exclusion of public interest immunity

(1)

Subject to subsection (2), the rule of law which authorises or requires the withholding of any document, or the refusal to answer any question, on the ground that the disclosure of the document or the answering of the question would be injurious to the public interest shall not apply in respect of—

(a)

any investigation by or proceedings before the Commissioner or the Tribunal under this Act; or

(b)

any application under section 8 of the Judicial Review Procedure Act 2016 for the review of any decision under this Act;—

but not so as to give any party any information that he or she would not, apart from this section, be entitled to.

(2)

Nothing in subsection (1) affects section 32.

Compare: 1982 No 156 s 11; 1987 No 174 s 9; 1991 No 126 s 28

Section 119(1)(b): amended, on 1 March 2017, by section 24 of the Judicial Review Procedure Act 2016 (2016 No 50).