Freedom of Information (Scotland) Act 2002 (asp 13)

Part 1 S Access to information held by Scottish public authorities

Responses to request S

18 Further provision as respects responses to request S

(1) Where, if information existed and was held by a Scottish public authority, the authority could give a refusal notice under section 16(1) on the basis that the information was exempt information by virtue of any of sections 28 to 35 [F1 38,] 39(1) or 41 but the authority considers that to reveal whether the information exists or is so held would be contrary to the public interest, it may (whether or not the information does exist and is held by it) give the applicant a refusal notice by virtue of this section.

(2) Neither paragraph (a) of subsection (1) of section 16 nor subsection (2) of that section applies as respects a refusal notice given by virtue of this section.

Textual Amendments

F1 Word in s. 18(1) inserted (31.5.2013) by Freedom of Information (Amendment) (Scotland) Act 2013 (asp 2), ss. 2, 7; S.S.I. 2013/136, art. 2