ch3600c13a
02-12-00 01:17:23
ACT
Freedom of Information Act 2000
Unit: PAG1
Rev RA Proof, 29.11.2000
c. 36
35
Part VI
63.—(1) Information contained in a historical record cannot be exempt Removal of
information by virtue of section 28, 30(1), 32, 33, 35, 36, 37(1)(a), 42 or 43. exemptions:
historical records
(2) Compliance with section 1(1)(a) in relation to a historical record is generally.
not to be taken to be capable of having any of the effects referred to in
section 28(3), 33(3), 36(3), 42(2) or 43(3).
(3) Information cannot be exempt information by virtue of section
37(1)(b) after the end of the period of sixty years beginning with the year
following that in which the record containing the information was
created.
(4) Information cannot be exempt information by virtue of section 31
after the end of the period of one hundred years beginning with the year
following that in which the record containing the information was
created.
(5) Compliance with section 1(1)(a) in relation to any record is not to
be taken, at any time after the end of the period of one hundred years
beginning with the year following that in which the record was created,
to be capable of prejudicing any of the matters referred to in section 31(1).
64.—(1) Information contained in a historical record in the Public Removal of
Record Office or the Public Record Office of Northern Ireland cannot be exemptions:
historical records
exempt information by virtue of section 21 or 22.
in public record
(2) In relation to any information falling within section 23(1) which is offices.
contained in a historical record in the Public Record Office or the Public
Record Office of Northern Ireland, section 2(3) shall have effect with the
omission of the reference to section 23.
65.—(1) Before refusing a request for information relating to
information which is contained in a historical record and is exempt
information only by virtue of a provision not specified in section 2(3), a
public authority shall—
(a) if the historical record is a public record within the meaning of
the Public Records Act 1958, consult the Lord Chancellor, or
(b) if the historical record is a public record to which the Public
Records Act (Northern Ireland) 1923 applies, consult the
appropriate Northern Ireland Minister.
Decisions as to
refusal of
discretionary
disclosure of
historical records.
1958 c. 51.
1923 c. 20 (N.I.).
(2) This section does not apply to information to which section 66
applies.
66.—(1) This section applies to any information which is (or, if it
existed, would be) contained in a transferred public record, other than
information which the responsible authority has designated as open
information for the purposes of this section.
(2) Before determining whether—
(a) information to which this section applies falls within any
provision of Part II relating to the duty to confirm or deny, or
(b) information to which this section applies is exempt information,
the appropriate records authority shall consult the responsible authority.
(3) Where information to which this section applies falls within a
provision of Part II relating to the duty to confirm or deny but does not
fall within any of the provisions of that Part relating to that duty which
Decisions relating
to certain
transferred public
records.
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