42Confidentiality obligations applying in respect of a prescribed Consultative Council

42 Confidentiality obligations applying in respect of a prescribed Consultative Council (1) This section applies to the following persons— (a) a prescribed Consultative Council; (b) a person who is or has been— (i) a member of a prescribed Consultative Council; or (ii) a member of a sub-committee of a prescribed Consultative Council; or (iii) employed or engaged by a prescribed Consultative Council; or (iv) made available to a prescribed Consultative Council. S. 42(2) amended by No. 52/2017 s. 91. (2) A person to whom this section applies must not— (a) directly or indirectly make a record of, or divulge or communicate to any person any information gained by or conveyed to the person by reason of the person's office, employment or engagement; or (b) make use of the information for any purpose— other than in the performance of the functions of the prescribed Consultative Council or to provide information in accordance with section 37, 41, 46A or 48A. S. 42(3) amended by No. 12/2019 s. 24. (3) Subsection (2) has effect despite anything to the contrary in section 40 of the **Audit Act 1994**. (4) A person to whom this section applies must not be required— (a) to produce before any court or tribunal or any board, agency or other person any document that has come into the person's possession or under the person's control in the performance of the functions of the prescribed Consultative Council; or (b) to divulge or communicate to any court or tribunal or any board, agency or other person any matter or thing that has come under the person's notice in the performance of the functions of the prescribed Consultative Council. (5) The **Freedom of Information Act 1982** does not apply to a document or any information referred to in subsection (4). (6) Part 5 and HPP 6 of the **Health Records Act 2001** do not apply to a document or any information referred to in subsection (4). (7) Nothing in this section prevents a prescribed Consultative Council from including information in any document that does not contain any particulars which would be likely to lead to the identification of a person from whom or in relation to whom the information was obtained.