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 by virtue of subsection (2) (a) (i) or (b) of that section.
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