13.—(1) Subject to paragraph (2), the duties mentioned in section 20(1) and (2) (duty to keep the complainant informed) and section 21(6) and (7) (duty to provide information for other persons) of the 2002 Act and in paragraphs 23(9) and 24(7) of Schedule 3 to that Act (action by the Commission or appropriate authority in response to an investigation report) shall not apply in circumstances where in the opinion of the Commission, or, as the case may be, of the appropriate authority, the non-disclosure of information is necessary for the purpose of—
(a)preventing the premature or inappropriate disclosure of information that is relevant to, or may be used in, any actual or prospective criminal proceedings;
(b)preventing the disclosure of information in any circumstances in which its non-disclosure—
(i)is in the interests of national security;
(ii)is for the purposes of the prevention or detection of crime, or the apprehension or prosecution of offenders;
(iii)is required on proportionality grounds; or
(iv)is otherwise necessary in the public interest.
(2) The Commission or, as the case may be, the appropriate authority shall not conclude that the non-disclosure of information is necessary under paragraph (1) unless it is satisfied that—
(a)there is a real risk of the disclosure of that information causing an adverse effect; and
(b)that adverse effect would be significant.
(3) Without prejudice to the generality of paragraph (1), the Commission or, as the case may be, the appropriate authority shall consider whether the non-disclosure of information is justified under that paragraph in circumstances where—
(a)that information is relevant to, or may be used in, any actual or prospective disciplinary proceedings;
(b)the disclosure of that information may lead to the contamination of the evidence of witnesses during such proceedings;
(c)the disclosure of that information may prejudice the welfare or safety of any third party;
(d)that information constitutes criminal intelligence.