Part 2

Exempt Information

National security and defence
31
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.