Freedom of Information (Scotland) Act 2002

37 Court records, etc. S

(1) Information is exempt information if it is contained in—

(a) a document—

(i) lodged with, or otherwise placed in the custody of, a court for the purposes of proceedings in a cause or matter;

(ii) served on, or by, a Scottish public authority for the purposes of such proceedings; or

(iii) created by a court or a member of its administrative staff for the purposes of, or in the course of, such proceedings; or

(b) a document—

(i) lodged with, or otherwise placed in the custody of, a person conducting an inquiry or arbitration, for the purposes of that inquiry or arbitration; or

(ii) created by such a person for such purposes,

and a Scottish public authority holds the information solely because it is contained in such a document.

(2) In this section—

• “court” includes a tribunal or body exercising the judicial power of the State; and

• “inquiry” means an inquiry or hearing held under a provision contained in, or made under, an enactment.

(3) This section does not apply to information held by a Scottish public authority for the purposes of an inquiry instituted under the [F1 Inquiries into Fatal Accidents and Sudden Deaths etc. (Scotland) Act 2016].

Textual Amendments

F1 Words in s. 37(3) substituted (15.6.2017) by Inquiries into Fatal Accidents and Sudden Deaths etc. (Scotland) Act 2016 (asp 2), s. 42(2), sch. 2 para. 10(3); S.S.I. 2017/155, reg. 2 (with regs. 4(2), 5)

Modifications etc. (not altering text)

C1 S. 37(1)(b) excluded (7.6.2005) by Inquiries Act 2005 (c. 12), ss. 18(4), 51 (with ss. 44, 50); S.I. 2005/1432, art. 2