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PART 8SInformation

Sensitive information – certificates in relation to national securityS

40.—(1) A certificate signed by a member of the Scottish Executive certifying that disclosure of information to the public would adversely affect national security is conclusive evidence of that fact.

(2) A certificate under paragraph (1) may be given in relation to specific information or to information of a specified kind and may be expressed to have prospective effect.

(3) A document purporting to be a certificate under paragraph (1) shall be received in evidence and deemed to be such a certificate unless the contrary is proved.

(4) A document which purports to be certified by or on behalf of a member of the Scottish Executive as a true copy of a certificate issued by a member of the Scottish Executive under paragraph (1) shall in any legal proceedings be sufficient evidence (or in England and Wales evidence) of that certificate.

Commencement Information

I1Reg. 40 in force at 14.11.2005, see reg. 1