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Freedom of Information Act 2000

Freedom of Information Act 2000

2000 CHAPTER 36

Commentary on Sections

Part II:  Exempt information

Section 26: Defence

98.Section 26 exempts information the disclosure of which would, or would be likely to, prejudice the defence of the British Islands or any colony or the capability, effectiveness or security of the armed forces.

99.The expression “the British Islands” is defined in Schedule 1 to the Interpretation Act 1978 as meaning the United Kingdom, the Channel Islands and the Isle of Man. The expression “colony” is also defined in that Schedule.

100.Subsection (3) provides that the obligation under section 1(1)(a) to confirm or deny that the requested information is held does not arise in relation to information which is exempt by virtue of subsection (1) where to comply would, or would be likely to, result in the harm set out in relation to defence.

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