Part 2

Exempt Information

Health, safety and the environment
39
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).
S. 39(2)(3) applied (1.1.2005) by The Environmental Information (Scotland) Regulations 2004 (S.S.I. 2004/520), reg. 20 (with reg. 3)