http://www.legislation.gov.uk/asp/2002/13/section/34/2003-10-31Freedom of Information (Scotland) Act 2002An Act of the Scottish Parliament to make provision for the disclosure of information held by Scottish public authorities or by persons providing services for them; and for connected purposes.texttext/xmlenStatute Law Database2026-03-032003-10-31 Freedom of Information (Scotland) Act 2002sch. 1 para. 61DRegulation of Legal Services (Scotland) Act 2025sch. 3 para. 40(2)s. 103(3)Freedom of Information (Scotland) Act 2002sch. 1 para. 105ZAVictims, Witnesses, and Justice Reform (Scotland) Act 2025sch. 2 para. 2s. 116(2)Freedom of Information (Scotland) Act 2002Sch. 1 para. 63BScottish Elections (Representation and Reform) Act 2025s. 70(1)s. 73(2)reg. 3sch. Pt. 2 Part 2 341Information is exempt information if it has at any time been held by a Scottish public authority for the purposes of—aan investigation which the authority has a duty to conduct to ascertain whether a person—ishould be prosecuted for an offence; oriiprosecuted for an offence is guilty of it;ban investigation, conducted by the authority, which in the circumstances may lead to a decision by the authority to make a report to the procurator fiscal to enable it to be determined whether criminal proceedings should be instituted; orccriminal proceedings instituted in consequence of a report made by the authority to the procurator fiscal.2Information is exempt information if—aheld by a Scottish public authority for the purposes of an inquiry instituted under the Fatal Accidents and Sudden Deaths Inquiry (Scotland) Act 1976 (c.14) but not for the time being concluded; orbheld at any time by a Scottish public authority for the purposes of any other investigation being carried out—iby virtue of a duty to ascertain; oriifor the purpose of making a report to the procurator fiscal as respects,the cause of death of a person.3Information held by a Scottish public authority is exempt information if—ait was obtained or recorded by the authority for the purposes of investigations (other than such investigations as are mentioned in subsection (1)) which are, by virtue either of Her Majesty’s prerogative or of powers conferred by or under any enactment, conducted by the authority for any purpose specified in section 35(2); andbit relates to the obtaining of information from confidential sources.4Information is exempt information if obtained or recorded by a Scottish public authority for the purposes of civil proceedings, brought by or on behalf of the authority, which arise out of such investigations as are mentioned in subsection (1) or (3).