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Freedom of Information (Scotland) Act 2002
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- Acts of the Scottish Parliament
- 2002 asp 13
- Part 2
- Section 31
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Freedom of Information (Scotland) Act 2002, Section 31 is up to date with all changes known to be in force on or before 11 December 2023. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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Whole provisions yet to be inserted into this Act (including any effects on those provisions):
- sch. 1 para. 85ZAA inserted by 2022 asp 5 Sch. para. 21(2)
- sch. 1 para. 74A inserted by 2023 asp 6 sch. 2 para. 2(2)
31 National security and defenceS
This section has no associated Explanatory Notes
(1)Information is exempt information if exemption from section 1(1) is required for the purpose of safeguarding national security.
(2)A certificate signed by a member of the Scottish Executive certifying that such exemption is, or at any time was, required for the purpose of safeguarding national security is conclusive of that fact.
(3)Without prejudice to the generality of subsection (2), a certificate under that subsection may identify the information to which it applies by means of a general description and may be expressed to have prospective effect.
(4)Information is exempt information if its disclosure under this Act would, or would be likely to, prejudice substantially—
(a)the defence of the British Islands or of any colony; or
(b)the capability, effectiveness or security of any relevant forces.
(5)In subsection (4)—
(a)in paragraph (a), “British Islands” and “colony” are to be construed in accordance with Schedule1 to the Interpretation Act 1978 (c.30); and
(b)in paragraph (b), “relevant forces” means—
(i)the armed forces of the Crown; and
(ii)any forces co-operating with those forces,
or any part of the armed forces of the Crown or of any such co-operating forces.
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