Part 2Exempt Information

37 Court records, etc.

(1)

Information is exempt information if it is contained in—

(a)

a document—

(i)

lodged with, or otherwise placed in the custody of, a court for the purposes of proceedings in a cause or matter;

(ii)

served on, or by, a Scottish public authority for the purposes of such proceedings; or

(iii)

created by a court or a member of its administrative staff for the purposes of, or in the course of, such proceedings; or

(b)

a document—

(i)

lodged with, or otherwise placed in the custody of, a person conducting an inquiry or arbitration, for the purposes of that inquiry or arbitration; or

(ii)

created by such a person for such purposes,

and a Scottish public authority holds the information solely because it is contained in such a document.

(2)

In this section—

“court” includes a tribunal or body exercising the judicial power of the State; and

“inquiry” means an inquiry or hearing held under a provision contained in, or made under, an enactment.

(3)

This section does not apply to information held by a Scottish public authority for the purposes of an inquiry instituted under the Fatal Accidents and Sudden Deaths Inquiry (Scotland) Act 1976 (c.14).