Freedom of Information Act 2000 Explanatory Notes

Section 65: Decisions as to refusal of discretionary disclosure of historical records

206.This section applies where a public authority holds information contained in a historical record which is also a “public record” as defined by the Public Records Act 1958, and where that information is exempt information by virtue of a provision in Part II not specified as conferring absolute exemption in section 2(3). Section 65 provides that where the authority is minded to refuse a request for that information, it must consult the Lord Chancellor before doing so. Corresponding provision for Northern Ireland is included. Subsection (2) disapplies this section to information to which clause 66 applies.

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