Page:The Civil Aviation (Investigation of Air Accidents and Incidents) Regulations 2018 (UKSI 2018-321 qp).pdf/9

 Failure to protect sensitive safety information

25.—(1) Subject to paragraphs (3) and (4), any relevant person who knowingly contravenes any of the prohibitions in paragraphs 1 or 2 of Article 14 of Regulation 996/2010 also contravenes these Regulations.

(2) In paragraph (1) “relevant person” means— (a) an Inspector; (b) any other officer of the Secretary of State; or (c) any person to whom any relevant record has been made available by such an Inspector or other officer.

(3) Paragraph (1) does not apply to information which is included in a final safety investigation report.

(4) Paragraph (1) does not apply where a relevant person makes a relevant record available to another person (“person A”) in the following circumstances—
 * (a) in a case where person A is a party to or otherwise entitled to appear at judicial proceedings and the relevant court has ordered that that record must be made available to person A for the purposes of those proceedings; or
 * (b) in any other case, where the relevant court has ordered that that record must be made available to person A for other specified purposes.

(5) The relevant court must not make an order under paragraph (4) unless it is satisfied that the benefits of the disclosure of the record concerned outweigh the adverse domestic and international impact which the disclosure might have on the safety investigation to which the record relates or any future safety investigation.

(6) In this regulation—

“judicial proceedings” includes any proceedings before any court, tribunal or person having by law power to hear, receive and examine evidence on oath;

“relevant court” means—
 * (a) in the case of judicial proceedings or an application for disclosure made in England, Wales or Northern Ireland, the High Court; and
 * (b) in the case of judicial proceedings or an application for disclosure made in Scotland, the Court of Session; and

“relevant record” means any of the records specified in paragraphs 1 and 2 of Article 14 of Regulation 996/2010.

Unauthorised disclosure of information relating to a safety investigation

26.—(1) This regulation applies to a person who receives information from—
 * (a) an Inspector in accordance with paragraph 4 of Article 15 of Regulation 996/2010; or
 * (b) the investigator-in-charge in accordance with paragraph (1) of regulation 16.

(2) Any person to whom this regulation applies who, without the prior written consent of the Chief Inspector in the case of paragraph (1)(a), causes or permits that information or any part of it to be disclosed to any other person, body or organisation before it is made publicly available by the Chief Inspector (on publication of the final safety investigation report or otherwise) contravenes these Regulations.

Failure to provide information on persons and dangerous goods on board an aircraft following an accident

27.—(1) This regulation applies where an accident has occurred in or over the United Kingdom.

(2) Where the operator of an aircraft involved in the accident fails to—

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