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Court of Session rules on Enterprise Act case

The Court of Session has ruled that Part 9 of the Enterprise Act 2002 constitutes a prohibition on the disclosure of information under the Freedom of Information (Scotland) Act 2002 (FOISA).

The ruling follows an appeal by Dumfries and Galloway Council against the Commissioner's decision 210/2006, in which he found that Part 9 of Enterprise did not constitute a prohibition in terms of section 26 of FOISA. The Court of Session's ruling quashes decision 210/2006. The Commissioner will issue a revised decision, which will be published on this website in due course.

The full text of the Court of Session's judgement can be viewed at www.scotcourts.gov.uk/opinions/2008csih12.html.

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