Part 2

Exempt Information

Information otherwise accessible
25
1
Information which the applicant can reasonably obtain other than by requesting it under section 1(1) is exempt information.
2
For the purposes of subsection (1), information—
a
may be reasonably obtainable even if payment is required for access to it;
b
is to be taken to be reasonably obtainable if—
i
the Scottish public authority which holds it, or any other person, is obliged by or under any enactment to communicate it (otherwise than by making it available for inspection) to; or
ii
the Keeper of the Records of Scotland holds it and makes it available for inspection and (in so far as practicable) copying by,
members of the public on request, whether free of charge or on payment.
3
For the purposes of subsection (1), information is to be taken to be reasonably obtainable if—
a
it is available—
i
on request from the Scottish public authority which holds it, and
ii
in accordance with the authority's publication scheme, and
b
any associated payment required by the authority is specified in or determined under the scheme.
S. 25(3) substituted (31.5.2013) by Freedom of Information (Amendment) (Scotland) Act 2013 (asp 2), ss. 3, 7; S.S.I. 2013/136, art. 2