ch3600c07a
02-12-00 01:17:22
c. 36
20
ACT
Unit: PAG1
Rev RA Proof, 29.11.2000
Freedom of Information Act 2000
Part II
1996 c. 23.
Audit functions.
(a) “court” includes any tribunal or body exercising the judicial
power of the State,
(b) “proceedings in a particular cause or matter” includes any
inquest or post-mortem examination,
(c) “inquiry” means any inquiry or hearing held under any provision
contained in, or made under, an enactment, and
(d) except in relation to Scotland, “arbitration” means any
arbitration to which Part I of the Arbitration Act 1996 applies.
33.—(1) This section applies to any public authority which has
functions in relation to—
(a) the audit of the accounts of other public authorities, or
(b) the examination of the economy, efficiency and effectiveness
with which other public authorities use their resources in
discharging their functions.
(2) Information held by a public authority to which this section applies
is exempt information if its disclosure would, or would be likely to,
prejudice the exercise of any of the authority’s functions in relation to any
of the matters referred to in subsection (1).
(3) The duty to confirm or deny does not arise in relation to a public
authority to which this section applies if, or to the extent that, compliance
with section 1(1)(a) would, or would be likely to, prejudice the exercise of
any of the authority’s functions in relation to any of the matters referred
to in subsection (1).
Parliamentary
privilege.
34.—(1) Information is exempt information if exemption from section
1(1)(b) is required for the purpose of avoiding an infringement of the
privileges of either House of Parliament.
(2) The duty to confirm or deny does not apply if, or to the extent that,
exemption from section 1(1)(a) is required for the purpose of avoiding an
infringement of the privileges of either House of Parliament.
(3) A certificate signed by the appropriate authority certifying that
exemption from section 1(1)(b), or from section 1(1)(a) and (b), is, or at
any time was, required for the purpose of avoiding an infringement of the
privileges of either House of Parliament shall be conclusive evidence of
that fact.
(4) In subsection (3) “the appropriate authority” means—
(a) in relation to the House of Commons, the Speaker of that
House, and
(b) in relation to the House of Lords, the Clerk of the Parliaments.
Formulation of
government
policy, etc.
35.—(1) Information held by a government department or by the
National Assembly for Wales is exempt information if it relates to—
(a) the formulation or development of government policy,
(b) Ministerial communications,
(c) the provision of advice by any of the Law Officers or any request
for the provision of such advice, or
(d) the operation of any Ministerial private office.
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