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Amendment of section 40 of Civil Liability and Courts Act 2004
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5. Section 40 of the Act of 2004 is amended by inserting the following subsection after subsection (3):
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(3A) (a) Subject to paragraph (b), nothing contained in a relevant enactment shall operate to prohibit bona fide representatives of the Press from attending proceedings to which the relevant enactment relates.
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(b) Subject to paragraphs (c) and (d), where, in proceedings under a relevant enactment, a court is satisfied that it is necessary to do so—
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(i) in order to preserve the anonymity of a party to the proceedings or any child to whom the proceedings relate,
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(ii) by reason of the nature or circumstances of the case, or
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(iii) as it is otherwise necessary in the interests of justice,
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the court may, on its own motion, or on application to it by a party to the proceedings or by a person on behalf of a child to whom the proceedings relate, by order—
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(I) exclude, or otherwise restrict the attendance of, bona fide representatives of the Press from the court during the hearing or particular parts of it, or
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(II) prohibit or restrict the publication or broadcasting of any evidence given or referred to during the proceedings or any part of such evidence,
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and any such order may, with regard to any restriction, contain such conditions as the court considers appropriate.
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(c) In determining whether or not to make an order under paragraph (b), a court shall have regard to the desirability of promoting public confidence in the administration of justice and to any other matter that appears to it to be relevant and shall, in particular, have regard to the following:
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(i) the best interests of a child to whom the proceedings relate;
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(ii) the views, if any, of—
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(I) a party to the proceedings, and
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(II) a child to whom the proceedings relate who is, in the opinion of the court, capable of forming his or her own views;
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(iii) whether information given or likely to be given in evidence is sensitive personal information;
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(iv) the extent to which the attendance of bona fide representatives of the Press might inhibit or cause undue distress to a party to the proceedings or a child to whom the proceedings relate by reason of the emotional condition or any medical condition, physical impairment or intellectual disability of the party or the child concerned;
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(v) the need to protect a party to the proceedings or a child to whom the proceedings relate against coercion, intimidation or harassment;
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(vi) whether information given or likely to be given in evidence might be prejudicial to a criminal investigation or criminal proceedings;
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(vii) whether information given or likely to be given in evidence is commercially sensitive information; and
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(viii) whether information of the type referred to in subparagraphs (iii), (vi) and (vii) when taken together with other information would, if published or broadcast, be likely to lead members of the public to identify a party to the proceedings or a child to whom the proceedings relate.
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(d) In considering the views of a child referred to in clause (II) of paragraph (c)(ii), a court shall take account of the age and level of maturity of the child concerned.
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(e) Where evidence in proceedings to which a relevant enactment relates concerns a matter referred to in subparagraph (vi) of paragraph (c), an application under paragraph (b) may be made by or on behalf of the Director of Public Prosecutions.
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(f) In this subsection—
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‘commercially sensitive information’ means—
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(i) financial, commercial, scientific, technical or other information the disclosure of which could reasonably be expected to result in a material financial loss or gain to the person to whom it relates, or could prejudice the competitive position of that person in the conduct of his or her business or otherwise in his or her occupation, or
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(ii) information the disclosure of which could prejudice the conduct or outcome of contractual or other negotiations of the person to whom it relates;
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‘party to the proceedings’ includes a witness in the proceedings;
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‘sensitive personal information’ means information about a person that would, in the ordinary course of events, be known only to the person or members of the family, or friends, of the person, and includes but is not limited to—
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(i) information relating to the medical, psychiatric or psychological history of the person,
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(ii) information relating to the tax affairs of the person,
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(iii) information relating to the sexual conduct or sexual orientation of the person.”.
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