- Draft legislation
This is a draft item of legislation. This draft has since been made as a UK Statutory Instrument: The Environmental Information Regulations 2004 No. 3391
15.—(1) A Minister of the Crown may certify that a refusal to disclose information under regulation 12(1) is because the disclosure—
(a)would adversely affect national security; and
(b)would not be in the public interest under regulation 12(1)(b).
(2) For the purposes of paragraph (1)—
(a)a Minister of the Crown may designate a person to certify the matters in that paragraph on his behalf; and
(b)a refusal to disclose information under regulation 12(1) includes a response under regulation 12(6).
(3) A certificate issued in accordance with paragraph (1)—
(a)shall be conclusive evidence of the matters in that paragraph; and
(b)may identify the information to which it relates in general terms.
(4) 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.
(5) A document which purports to be certified by or on behalf of a Minister of the Crown as a true copy of a certificate issued by that Minister under paragraph (1) shall in any legal proceedings be evidence (or, in Scotland, sufficient evidence) of that certificate.
(6) In paragraphs (1), (2) and (5), a “Minister of the Crown” has the same meaning as in section 25(3) of the Act.
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