(1)Information is exempt information if the public authority holding it—
(a)is obliged by [F1environmental information regulations] to make the information available to the public in accordance with the regulations, or
(b)would be so obliged but for any exemption contained in the regulations.
[F2(1A)In subsection (1) “environmental information regulations” means—
(a)regulations made under section 74, or
(b)regulations made under section 2(2) of the European Communities Act 1972 for the purpose of implementing any Community obligation relating to public access to, and the dissemination of, information on the environment.]
(2)The duty to confirm or deny does not arise in relation to information which is (or if it were held by the public authority would be) exempt information by virtue of subsection (1).
(3)Subsection (1)(a) does not limit the generality of section 21(1).
Textual Amendments
F1Words in s. 39(1)(a) substituted (1.1.2005) by The Environmental Information Regulations 2004 (S.I. 2004/3391), reg. 20(2) (with reg. 3)
F2S. 39(1A) inserted (1.1.2005) by The Environmental Information Regulations 2004 (S.I. 2004/3391), reg. 20(3) (with reg. 3)