Part 2

Exempt Information

Court records, etc.
37
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 Fatal Accidents and Sudden Deaths Inquiry (Scotland) Act 1976 (c. 14).