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FREEDOM OF INFORMATION ACT 1992 - SECT 31

FREEDOM OF INFORMATION ACT 1992 - SECT 31

31 .         Certain exempt matter (Sch. 1 cl. 1, 2 or 5), giving information about existence etc. of

        (1)         Nothing in this Act requires the agency to give information as to the existence or non-existence of a document containing matter that would be exempt matter under clause 1, 2 or 5 of Schedule 1.

        (2)         If the access application relates to a document that includes, or would if it existed include, exempt matter of a kind referred to in subsection (1), the agency may give written notice to the applicant that the agency neither confirms nor denies the existence, as a document of the agency, of such a document but that, assuming the existence of such a document, it would be an exempt document and, where such a notice is given —

            (a)         section 30 applies as if the decision to give such a notice were a decision referred to in that section; and

            (b)         for the purposes of this Act, the decision is to be regarded as a refusal of access to the document because the document would, if it existed, be an exempt document.