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Investigatory Powers Act 2016 (c. 25)
Schedule 3 — Exceptions to section 56
(5) In this paragraph “relevant judge” means—
(a) any judge of the High Court or of the Crown Court or any Circuit
judge,
(b) any judge of the High Court of Justiciary or any sheriff,
(c) in relation to proceedings before the Court Martial, the judge
advocate for those proceedings, or
(d) any person holding a judicial office that entitles the person to
exercise the jurisdiction of a judge falling within paragraph (a) or (b).
Disclosures to inquiries and inquests
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(1) Nothing in section 56(1) prohibits—
(a) a disclosure to the panel of an inquiry held under the Inquiries Act
2005, or
(b) a disclosure to a person appointed as legal adviser to such an inquiry,
where, in the course of the inquiry, the panel has ordered the disclosure to
be made to the panel alone or (as the case may be) to the panel and any
person appointed as legal adviser to the inquiry.
(2) The panel of an inquiry may order a disclosure under sub-paragraph (1)
only if it considers that the exceptional circumstances of the case make the
disclosure essential to enable the inquiry to fulfil its terms of reference.
(3) Any reference in this paragraph to a person appointed as legal adviser to an
inquiry is a reference to a person appointed as solicitor or counsel to the
inquiry.
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(1) Section 56(1) does not apply in relation to any restricted proceedings of an
inquiry held under the Inquiries Act 2005.
(2) Proceedings of an inquiry held under that Act are “restricted proceedings”
for the purposes of this paragraph if restrictions imposed under section 19
of that Act are in force prohibiting attendance at the proceedings by any
person who is not—
(a) a member of the panel of the inquiry,
(b) a person appointed as legal adviser to the inquiry,
(c) a person who is a relevant party to the proceedings,
(d) a person representing such a person for the purposes of the
proceedings, or
(e) a person performing functions necessary for the proper functioning
of the proceedings.
(3) But sub-paragraph (1) does not permit any disclosure which has not been
made in accordance with paragraph 22(1).
(4) In this paragraph “relevant party”, in relation to any proceedings of an
inquiry, means—
(a) any person making a disclosure to the panel of the inquiry, or to a
person appointed as legal adviser to the inquiry, in accordance with
paragraph 22(1);
(b) any person giving evidence to the inquiry in circumstances where, in
the absence of sub-paragraph (1), the prohibition imposed by section
56(1) would be breached;