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Freedom of Information (Scotland) Act 2002

Status:

This is the original version (as it was originally enacted).

35Law enforcement

This section has no associated Explanatory Notes

(1)Information is exempt information if its disclosure under this Act would, or would be likely to, prejudice substantially—

(a)the prevention or detection of crime;

(b)the apprehension or prosecution of offenders;

(c)the administration of justice;

(d)the assessment or collection of any tax or duty (or of any imposition of a similar nature);

(e)the operation of the immigration controls;

(f)the maintenance of security and good order in prisons or in other institutions where persons are lawfully detained;

(g)the exercise by any public authority (within the meaning of the Freedom of Information Act 2000 (c. 36)) or Scottish public authority of its functions for any of the purposes mentioned in subsection (2);

(h)any civil proceedings—

(i)brought; and

(ii)arising out of an investigation conducted, for any such purpose,

by or on behalf of any such authority, by virtue either of Her Majesty’s prerogative or of powers conferred by or under any enactment.

(2)The purposes are—

(a)to ascertain whether a person has failed to comply with the law;

(b)to ascertain whether a person is responsible for conduct which is improper;

(c)to ascertain whether circumstances which would justify regulatory action in pursuance of any enactment exist or may arise;

(d)to ascertain a person’s fitness or competence in relation to—

(i)the management of bodies corporate; or

(ii)any profession or other activity which the person is, or seeks to become, authorised to carry on;

(e)to ascertain the cause of an accident;

(f)to protect a charity against misconduct or mismanagement (whether by trustees or other persons) in its administration;

(g)to protect the property of a charity from loss or mismanagement;

(h)to recover the property of a charity;

(i)to secure the health, safety and welfare of persons at work; and

(j)to protect persons, other than persons at work, against risk to health or safety where that risk arises out of, or in connection with, the actions of persons at work.

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