(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 [F1Inquiries into Fatal Accidents and Sudden Deaths etc. (Scotland) Act 2016].
Textual Amendments
F1Words 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)
C1S. 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