22
KENNEDY v. THE UNITED KINGDOM JUDGMENT
(c) any information or document otherwise disclosed or provided to the Tribunal by
any person pursuant to section 68(6) of the Act (or provided voluntarily by a person
specified in section 68(7));
(d) any information or opinion provided to the Tribunal by a Commissioner pursuant
to section 68(2) of the Act;
(e) the fact that any information, document, identity or opinion has been disclosed or
provided in the circumstances mentioned in sub-paragraphs (b) to (d).
(3) The Tribunal may disclose anything described in paragraph (2) with the consent
of:
(a) in the case of sub-paragraph (a), the person required to attend the hearing;
(b) in the case of sub-paragraphs (b) and (c), the witness in question or the person
who disclosed or provided the information or document;
(c) in the case of sub-paragraph (d), the Commissioner in question and, to the extent
that the information or opinion includes information provided to the Commissioner by
another person, that other person;
(d) in the case of sub-paragraph (e), the person whose consent is required under this
rule for disclosure of the information, document or opinion in question.
(4) The Tribunal may also disclose anything described in paragraph (2) as part of the
information provided to the complainant under rule 13(2), subject to the restrictions
contained in rule 13(4) and (5).
(5) The Tribunal may not order any person to disclose any information or document
which the Tribunal themselves would be prohibited from disclosing by virtue of this
rule, had the information or document been disclosed or provided to them by that
person.
(6) The Tribunal may not, without the consent of the complainant, disclose to any
person holding office under the Crown (except a Commissioner) or to any other
person anything to which paragraph (7) applies.
(7) This paragraph applies to any information or document disclosed or provided to
the Tribunal by or on behalf of the complainant, except for ... statements [as to the
complainant's name, address and date of birth and the public authority against which
the proceedings are brought].”
85. Rule 9 deals with the forms of hearings and consideration of the
complaint:
“(1) The Tribunal's power to determine their own procedure in relation to section 7
proceedings and complaints shall be subject to this rule.
(2) The Tribunal shall be under no duty to hold oral hearings, but they may do so in
accordance with this rule (and not otherwise).