355Secrecy

355 Secrecy

(1) This section applies to—

(a) a person who is, or has been, a Tribunal member (including as President or Deputy President) of the Mental Health Tribunal; or

(b) a person who is, or has been, a chief executive officer, principal registrar, registrar or other member of staff of the Mental Health Tribunal.

(2) A person to whom this section applies must not, directly or indirectly, make a record of, disclose or communicate to any person, any information relating to the affairs of a natural person acquired in the performance of functions or duties or the exercise of powers under this Act or the regulations or the rules under this Act which may identify the person, unless—

(a) it is necessary to do so for the purposes of, or in connection with, the performance of a function or duty or the exercise of a power under this Act or the regulations or the rules under this Act; or

(b) it is necessary to do so for the purposes of a criminal proceeding or to commence any proceeding under this Act; or

(c) the person to whom the information relates gives written consent to the making of the record, disclosure or communication.

(3) Nothing in this section limits the operation of Part 17.1 in relation to a person referred to in subsection (1).