37. Court records, etc.

1. (1)
   Information is exempt information if it is contained in-
1. (a)
   a document-
1. (i)
   lodged with, or otherwise placed in the custody of, a court for the purposes of proceedings in a cause or matter;
2. (ii)
   served on, or by, a Scottish public authority for the purposes of such proceedings; or
3. (iii)
   created by a court or a member of its administrative staff for the purposes of, or in the course of, such proceedings; or
2. (b)
   a document-
1. (i)
   lodged with, or otherwise placed in the custody of, a person conducting an inquiry or arbitration, for the purposes of that inquiry or arbitration; or
2. (ii)
   created by such a person for such purposes, 
3. and a Scottish public authority holds the information solely because it is contained in such a document.
   
2. (2)
   In this section- 
1.  
   
   "court" includes a tribunal or body exercising the judicial power of the State; and  
   "inquiry" means an inquiry or hearing held under a provision contained in, or made under, an enactment.
   
3. (3)
   This section does not apply to information held by a Scottish public authority for the purposes of an inquiry instituted under the Fatal Accidents and Sudden Deaths Inquiry (Scotland) Act 1976 (c.14).

4. < Section 36  |  Section 38 >

   < back to Part 2 contents

Back to Top