Part 1Access to information held by Scottish public authorities

Right to information

2 Effect of exemptions

1

To information which is exempt information by virtue of any provision of Part 2, section 1 applies only to the extent that—

a

the provision does not confer absolute exemption; and

b

in all the circumstances of the case, the public interest in disclosing the information is not outweighed by that in maintaining the exemption.

2

For the purposes of paragraph (a) of subsection (1), the following provisions of Part 2 (and no others) are to be regarded as conferring absolute exemption—

a

section 25;

b

section 26;

c

section 36(2);

d

section 37; and

e

in subsection (1) of section 38—

i

paragraphs (a), (c) and (d); and

ii

paragraph (b) where the first condition referred to in that paragraph is satisfied F1....