Freedom of Information (Scotland) Act 2002, Section 39 is up to date with all changes known to be in force on or before 23 May 2025. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
(1)Information is exempt information if its disclosure under this Act would, or would be likely to, endanger the physical or mental health or the safety of an individual.
(2)Information is exempt information if a Scottish public authority—
(a)is obliged by regulations under section 62 to make it available to the public in accordance with the regulations; or
(b)would be so obliged but for any exemption contained in the regulations.
(3)Subsection (2)(a) is without prejudice to the generality of section 25(1).
Modifications etc. (not altering text)
C1S. 39(2)(3) applied (1.1.2005) by The Environmental Information (Scotland) Regulations 2004 (S.S.I. 2004/520), reg. 20 (with reg. 3)
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The Whole Act you have selected contains over 200 provisions and might take some time to download.
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