Explanatory Notes

Freedom of Information Act 2000

2000 CHAPTER 36

30th November 2000

Commentary on Sections

Part II:  Exempt information

Section 23: Information supplied by, or relating to, bodies dealing with security matters

90.Section 23(1) exempts, as a class, all information directly or indirectly supplied by, or relating to certain bodies dealing with security matters. This provision confers absolute exemption for the purposes of section 2.

91.Subsection (2) provides that a certificate signed by a Minister of the Crown is conclusive proof that the information is of the type in question, subject to a right of appeal to the Information Tribunal under section 60.

92.Subsections (3) and (4) set out the bodies concerned.

93.Subsection (5) provides that the obligation under section 1(1)(a) to confirm or deny whether or not the authority holds the information does not arise if to comply would itself disclose information which is exempt by virtue of subsection (1).