Page:Police and Criminal Evidence Act 1984.pdf/18

12c. 60


 * (i) of documents; or
 * (ii) of records other than documents.

(2) A person holds material other than journalistic material in confidence for the purposes of this section if he holds it subject—
 * (a) to an express or implied undertaking to hold it in confidence; or
 * (b) to a restriction on disclosure or an obligation of secrecy contained in any enactment, including an enactment contained in an Act passed after this Act.

(3) A person holds journalistic material in confidence for the purposes of this section if—
 * (a) he holds it subject to such an undertaking, restriction or obligation; and
 * (b) it has been continuously held (by one or more persons) subject to such an undertaking, restriction or obligation since it was first acquired or created for the purposes of journalism.

12. In this part of this Act “personal records” means documentary and other records concerning an individual (whether living or dead) who can be identified from them and relating—
 * (a) to his physical or mental health;
 * (b) to spiritual counselling or assistance given or to be given to him; or
 * (c) to counselling or assistance given or to be given to him, for the purposes of his personal welfare, by any voluntary organisation or by any individual who—
 * (i) by reason of his office or occupation has responsibilities for his personal welfare; or
 * (ii) by reason of an order of a court has responsibilities for his supervision.

13.—(1) Subject to subsection (2) below, in this Act “journalistic material” means material acquired or created for ththe [sic] purposes of journalism.

(2) Material is only journalistic material for the purposes of this Act if it is in the possession of a person who acquired or created it for the purposes of journalism.

(3) A person who receives material from someone who intends that the recipient shall use it for the purposes of journalism is to be taken to have acquired it for those purposes.