Information to be treated as confidential
20.—(1)  Where a person submitting any information or document to the Commission considers the information or, in the case of a document, any of the information contained therein, as confidential information under section 89(1)(b) of the Act, that person shall, at the time of submitting the information or document —
(a)in the case of such information, identify to the Commission the confidential information and provide a written statement explaining why the information is confidential information; and
(b)in the case of such document, provide —
(i)a confidential version of the document containing and clearly identifying the confidential information;
(ii)a non-confidential version of the document, in which the confidential information has been removed in the manner specified by the Commission; and
(iii)a written statement explaining why the information is confidential information.
(2)  Where a person has identified any information he is submitting to the Commission as being confidential information, or any document he is submitting to the Commission as containing confidential information, but the person does not provide the Commission with the written statement referred to in paragraph (1)(a) or (b)(iii), as the case may be, the Commission may give notice to the person submitting the information or document to provide the written statement within such time limit as the Commission considers appropriate.
(3)  Where a written statement has been given to the Commission to explain why any information submitted to the Commission is confidential information, the Commission may, in its discretion, give notice to the person submitting the information or document to provide written clarification of the written statement within such time limit as the Commission considers appropriate.
(4)  Where the person submitting the information or document fails to provide the Commission with the written statement referred to in paragraph (1)(a) or (b)(iii) or with the written clarification referred to in paragraph (3), as the case may be, within the time limit specified by the Commission, the information submitted shall be treated as not falling within section 89(1)(b) of the Act.
(5)  Where the Commission proposes to disclose information which has been submitted to the Commission and identified as confidential information under section 89(1)(b) of the Act, the Commission may —
(a)inform the person who submitted the information or document or the person from whom the information or document originated, of the Commission’s proposed action; and
(b)give that person a reasonable opportunity to make representations to the Commission on the Commission’s proposed action.
(6)  For the avoidance of doubt, nothing in this regulation shall be construed as preventing the Commission from having regard to any information which is, or any document containing information which is, confidential information, or any part thereof, in its determination of any matter for which the confidential information is required.
(7)  This regulation shall not apply in any case where regulation 8 or 11 applies, except as may otherwise be provided in such regulation.