Freedom of Information (Scotland) Act 2002

37 Court records, etc. S

(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).

Modifications etc. (not altering text)

C1 S. 37(1)(b) excluded (7.6.2005) by Inquiries Act 2005 (c. 12), ss. 18(4), 51 (with ss. 44, 50); S.I. 2005/1432, art. 2