31. National security and defence
- (1)
Information is exempt information if exemption from section 1(1) is required for the purpose of safeguarding national security.
- (2)
A certificate signed by a member of the Scottish Executive certifying that such exemption is, or at any time was, required for the purpose of safeguarding national security is conclusive of that fact.
- (3)
Without prejudice to the generality of subsection (2), a certificate under that subsection may identify the information to which it applies by means of a general description and may be expressed to have prospective effect.
- (4)
Information is exempt information if its disclosure under this Act would, or would be likely to, prejudice substantially-
- (a)
the defence of the British Islands or of any colony; or
- (b)
the capability, effectiveness or security of any relevant forces.
- (5)
In subsection (4)-
- (a)
in paragraph (a), "British Islands" and "colony" are to be construed in accordance with Schedule1 to the Interpretation Act 1978 (c.30); and
- (b)
in paragraph (b), "relevant forces" means-
- (i)
the armed forces of the Crown; and
- (ii)
any forces co-operating with those forces,
-
or any part of the armed forces of the Crown or of any such co-operating forces.
< Section 30 | Section 32 >
< back to Part 2 contents
Back to Top