The Further Education Student Records (Scotland) Regulations 1990

Circumstances where information need not be disclosed

5.—(1) An education authority shall not be required to give access under regulation 4(1) to information–

(a) kept, and intended to be kept, by an employee of the education authority solely for his own use;

(b) contained in a copy of a reference given by the education authority or one of its employees to a person who has requested it in connection with an application by a student for employment, education or training;

(c) contained in a record of needs kept under section 60 of the Act;

(d) in respect of which a claim to confidentiality between client and professional legal adviser could be maintained in legal proceedings;

(e) which has been supplied to the education authority by a person, other than an employee of the education authority, subject to a legal obligation that it shall not be disclosed;

(f) to the extent that its disclosure would in the opinion of the education authority be likely to cause serious harm to the physical or mental health of the student or any other person, but this provision is subject to paragraphs (2) and (3);

(g) to the extent that its disclosure would in the opinion of the education authority be likely to prejudice the prevention or detection of crime or the apprehension or prosecution of offenders, but this provision is subject to paragraph (3).

(2) In relation to information to which regulation 7 applies, the opinion of the health board or appropriate health professional obtained under that regulation shall be applied for the purpose of paragraph (1)(f) in place of that of the education authority.

(3) In relation to information to which regulation 8 applies, the opinion of the Reporter obtained under that regulation shall be applied for purposes of paragraph (1)(f) or (g) in place of that of the education authority.