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Description of the exemptions in FOISA affected by the proposal
Section 28 Relations within the United Kingdom
(1) Information is exempt information if its disclosure under this Act would, or would be likely to, prejudice substantially relations between any administration in the United Kingdom and any other such administration.
(2) In subsection (1), "administration in the United Kingdom" means -
(a) the Government of the United Kingdom
(b) the Scottish Administration
(c) the Executive Committee of the Northern Ireland Assembly; or
(d) the National Assembly for Wales.
Section 29 Formulation of Scottish Administration policy etc.
(1) Information held by the Scottish Administration is exempt information if it relates to -
(a) the formulation or development of government policy;
(b) Ministerial communications;
(c) the provision of advice by any of the Law Officers or any request for the provision of such advice; or
(d) the operation of any Ministerial private office.
(2) Once a decision as to policy has been taken, any statistical information used to provide an informed background to the taking of the decision is not to be regarded, for the purposes of -
(a) paragraph (a) of subsection (1), as relating to the formulation or development of the policy in question; or
(b) paragraph (b) of that subsection, as relating to Ministerial communications.
(3) In determining any question under section 2(1)(b) as respects information which is exempt information by virtue of subsection (1)(a), the Scottish Administration must have regard to the public interest in the disclosure of factual information which has been used, or is intended to be used, to provide an informed background to the taking of a decision.
(4) In this section -
"government policy" means
(a) the policy of the Scottish Administration; and
(b) in relation to information created before 1 st July 1999, the policy of the Government of the United Kingdom;
"the Law Officers" means the Lord Advocate, the Solicitor General for Scotland, the Advocate General for Scotland, the Attorney General, the Solicitor General and the Attorney General for Northern Ireland;
"Ministerial communications" means any communications between Ministers and includes, in particular, communication relating to proceedings of the Scottish Cabinet (or of any committee of that Cabinet); and
"Ministerial private office" means any part of the Scottish Administration which provides personal administrative support to t Minister.
(5) In the definitions of "Ministerial communications" and Ministerial private office" in subsection (4), "Minister" means a member of the Scottish Executive or a junior Scottish Minister.
Section 30 Prejudice to the effective conduct of public affairs
Information is exempt information if its disclosure under this Act -
(a) would, or would be likely to, prejudice substantially the maintenance of the convention of the collective responsibility of the Scottish Ministers;
(b) would, or would be likely to, inhibit substantially -
(i) the free and frank provision of advice; or
(ii) the free and frank exchange of views for the purposes of deliberations; or
(c) would otherwise prejudice substantially, or be likely to prejudice substantially, the effective conduct of public affairs.
Section 33(1) Commercial interests and the economy
Information is exempt information if -
(a) it constitutes a trade secret; or
(b) its disclosure under this Act would, or would be likely to, prejudice substantially the commercial interest of any person (including, without prejudice to that generality, a Scottish public authority).
Section 36 Confidentiality
(1) Information in respect of which a claim to confidentiality of communications could be maintained in legal proceedings is exempt information.
(2) Information is exempt information if-
(a) it was obtained by a Scottish public authority from another person (including another such authority); and
(b) its disclosure by the authority so obtaining it to the public (otherwise than under this Act) would constitute a breach of confidence actionable by that person or any other person.
Section 37 Court records, etc.
(1) Information is exempt information if it is contained in -
(a) a document -
(i) lodged with, or otherwise placed in the custody of, a court for the purposes of proceedings in a cause or matter;
(ii) served on, or by, a Scottish public authority for the purposes of such proceedings; or
(iii) created by a court or a member of its administrative staff for the purposes of , or in the course of , such proceedings; or
(b) a document -
(i) lodged with, or otherwise placed in the custody of, a person conducting an inquiry or arbitration, for the purposes of that inquiry or arbitration; or
(ii) created by such a person for such purposes, and a Scottish public authority holds the information solely because it is contained in such a document.
(2) In this section-
"court" includes a tribunal or body exercising the judicial power of the State; and
"inquiry" means an inquiry or hearing held under a provision contained in, or made under, an enactment.
(3) This section does not apply to information held by a Scottish public authority for the purposes of an inquiry instituted under the Fatal Accidents and Sudden Deaths Inquiry (Scotland) Act 1976 (c.14).
Section 40 Audit functions
Information is exempt information if its disclosure under this Act would, or would be likely to , prejudice substantially the exercise of a Scottish public authority's functions in relation to -
(a) the audit of the accounts of other Scottish public authorities; or
(b) the examination of the economy, efficiency and effectiveness with which such authorities use their resources in discharging their functions.
Section 41(a) Communications with Her Majesty etc.
Information is exempt information if it relates to -
(a) communications with Her Majesty, with other members of the Royal Family, or with the Royal Household.
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