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Freedom of Information Act 2000

Section 63: Removal of exemptions: historical records generally

201.The effect of this section is to disapply some of the exemptions in Part II of the Act in the case of information contained in a historical record, and therefore to extend the scope of the right of access in section 1 in these cases. The exemptions which are disapplied are those relating to:

  • relations within the United Kingdom (section 28);

  • criminal investigations and proceedings (section 30(1));

  • court records, etc (section 32);

  • audit functions (section 33);

  • formulation of government policy etc (section 35);

  • prejudice to effective conduct of public affairs (section 36);

  • communications with Her Majesty etc (section 37(1)(a));

  • legal professional privilege (section 42); and

  • commercial interests (section 43).

202.In addition, the exemption relating to honours (section 37(1)(b)) is disapplied in respect of information contained in a record which is 60 years old, and the law enforcement exemption (section 31) is disapplied in respect of information contained in a record which is one hundred years old.

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