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Freedom of Information (Scotland) Act 2002

Section 58 – Falling away of exemptions with time

142.The effect of this section is to disapply some of the exemptions in Part 2 in the case of information contained in a historical record, thereby extending the scope of the right of access in section 1 in these cases. Information contained in a file in which the most recent record is 30 years old or more cannot be exempt under the following sections:

  • section 28 (relations within the United Kingdom)

  • section 29 (formulation of Scottish Administration policy etc.)

  • section 30 (prejudice to the effective conduct of public affairs)

  • section 33(1) (commercial interests)

  • section 36 (confidentiality)

  • section 37 (court records, etc.)

  • section 40 (audit functions) and

  • section 41(a) (communications with Her Majesty)

143.The exemption for information relating to honours (section 41(b)) is disapplied at the end of 60 years commencing at the beginning of the calendar year following that in which the record containing the information is created. The exemptions for information relating to sections 34(2)(b) (investigations into the cause of death), 35 (law enforcement) and 38(1)(c) or (d) (certain personal information) fall away after 100 years, on the same basis.

144.All other exemptions continue to apply in perpetuity.

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