Freedom of Information (Scotland) Act 2002

31 National security and defence

(1) Information is exempt information if exemption from section 1(1) is required for the purpose of safeguarding national security.

(2) A certificate signed by a member of the Scottish Executive certifying that such exemption is, or at any time was, required for the purpose of safeguarding national security is conclusive of that fact.

(3) Without prejudice to the generality of subsection (2), a certificate under that subsection may identify the information to which it applies by means of a general description and may be expressed to have prospective effect.

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

(a) the defence of the British Islands or of any colony; or

(b) the capability, effectiveness or security of any relevant forces.

(5) In subsection (4)—

(a) in paragraph (a), “British Islands” and “colony” are to be construed in accordance with Schedule1 to the Interpretation Act 1978 (c. 30); and

(b) in paragraph (b), “relevant forces” means—

(i) the armed forces of the Crown; and

(ii) any forces co-operating with those forces,

or any part of the armed forces of the Crown or of any such co-operating forces.