(1)Information is exempt information if its disclosure (otherwise than under this Act) by the public authority holding it—
(a)is prohibited by or under any enactment,
(b)is incompatible with any [F1EU] obligation, or
(c)would constitute or be punishable as a contempt of court.
(2)The duty to confirm or deny does not arise if the confirmation or denial that would have to be given to comply with section 1(1)(a) would (apart from this Act) fall within any of paragraphs (a) to (c) of subsection (1).
Textual Amendments
F1Words in s. 44(1)(b) substituted (22.4.2011) by The Treaty of Lisbon (Changes in Terminology) Order 2011 (S.I. 2011/1043), arts. 3, 6(1)(e)
Modifications etc. (not altering text)
C1S. 44 excluded (1.12.2007) by Statistics and Registration Service Act 2007 (c. 18), ss. 40(1)(2), 74; S.I. 2007/3388, art. 2(f)