Public health advice that is exempt material
22 Public health advice that is exempt material
The Director‑General must not publish advice under section 21 if the Director‑General is satisfied that the advice is exempt material.
For exempt material, see section 5.
However, if the Director‑General is satisfied that:
the advice is exempt material; but
it is possible for the Director‑General to prepare a copy of the advice, modified by deletions, that would not be exempt material;
the Director‑General must:
prepare a modified copy of the advice as mentioned in paragraph (b); and
cause the modified copy to be published under section 21.
Annual report must include reasons for exemption
The annual report prepared by the Director‑General and given to the Minister under section 46 of the Public Governance, Performance and Accountability Act 2013 for a period must, for any advice that was not published, or was published in modified form, under section 21 because of this section during the period, include the reasons why the advice was not published, or was published in modified form.
For the purposes of subsection (3), it is sufficient for the annual report to specify the subparagraph or subparagraphs of paragraph (a) or (b) of the definition of exempt material in section 5 of this Act that applied to the advice, or that paragraph (c) of that definition applied.
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