Health and Care Act 2022
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Change 1
117 Admissibility of reports
(1) A final report, an interim report and the draft of a final or interim report sent to a person under section 115 are not admissible in any proceedings within subsection (2). (2) Those proceedings are— (a) proceedings to determine civil or criminal liability in respect of any matter; (b) proceedings before any employment tribunal; (c) proceedings before a regulatory body (including proceedings for the purposes of investigating an allegation); (d) proceedings to determine an appeal against a decision made in proceedings falling within paragraphs (a) to (c). (3) But the High Court may order that a final or interim report is admissible in proceedings within subsection (2) on an application by a person who is a party to the proceedings or otherwise entitled to appear in them. (4) The HSSIB may make representations to the High Court about any application under subsection (3). (5) The High Court may make an order under subsection (3) only if it determines that the interests of justice served by admitting the report outweigh— (a) any adverse impact on current or future investigations by deterring persons from providing information for the purposes of investigations, and (b) any adverse impact on securing the improvement of the safety of health care services provided to patients in England.
117 Admissibility of reports
(1) A final report, an interim report and the draft of a final or interim report sent to a person under section 115 are not admissible in any proceedings within subsection (2). (2) Those proceedings are— (a) proceedings to determine civil or criminal liability in respect of any matter; (b) proceedings before any employment tribunal; (c) proceedings before a regulatory body (including proceedings for the purposes of investigating an allegation); (d) proceedings to determine an appeal against a decision made in proceedings falling within paragraphs (a) to (c). (3) But the High Court may order that a final or interim report is admissible in proceedings within subsection (2) on an application by a person who is a party to the proceedings or otherwise entitled to appear in them. (4) The HSSIB may make representations to the High Court about any application under subsection (3). (5) The High Court may make an order under subsection (3) only if it determines that the interests of justice served by admitting the report outweigh— (a) any adverse impact on current or future investigations by deterring persons from providing information for the purposes of investigations, and (b) any adverse impact on securing the improvement of the safety of health care services provided to patients in England.
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