ch3600c07a
02-12-00 01:17:22
ACT
Freedom of Information Act 2000
Unit: PAG1
Rev RA Proof, 29.11.2000
c. 36
21
Part II
(2) Once a decision as to government policy has been taken, any
statistical information used to provide an informed background to the
taking of the decision is not to be regarded—
(a) for the purposes of subsection (1)(a), as relating to the
formulation or development of government policy, or
(b) for the purposes of subsection (1)(b), as relating to Ministerial
communications.
(3) 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).
(4) In making any determination required by section 2(1)(b) or (2)(b)
in relation to information which is exempt information by virtue of
subsection (1)(a), regard shall be had to the particular public interest in
the disclosure of factual information which has been used, or is intended
to be used, to provide an informed background to decision-taking.
(5) In this section—
“government policy” includes the policy of the Executive Committee
of the Northern Ireland Assembly and the policy of the
National Assembly for Wales;
“the Law Officers” means the Attorney General, the Solicitor
General, the Advocate General for Scotland, the Lord
Advocate, the Solicitor General for Scotland and the Attorney
General for Northern Ireland;
“Ministerial communications” means any communications—
(a) between Ministers of the Crown,
(b) between Northern Ireland Ministers, including
Northern Ireland junior Ministers, or
(c) between Assembly Secretaries, including the Assembly
First Secretary,
and includes, in particular, proceedings of the Cabinet or of any
committee of the Cabinet, proceedings of the Executive
Committee of the Northern Ireland Assembly, and proceedings
of the executive committee of the National Assembly for Wales;
“Ministerial private office” means any part of a government
department which provides personal administrative support to
a Minister of the Crown, to a Northern Ireland Minister or a
Northern Ireland junior Minister or any part of the
administration of the National Assembly for Wales providing
personal administrative support to the Assembly First
Secretary or an Assembly Secretary;
“Northern Ireland junior Minister” means a member of the
Northern Ireland Assembly appointed as a junior Minister
under section 19 of the Northern Ireland Act 1998.
1998 c. 47.
36.—(1) This section applies to—
Prejudice to
effective conduct
(a) information which is held by a government department or by the of public affairs.
National Assembly for Wales and is not exempt information by
virtue of section 35, and
(b) information which is held by any other public authority.
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