Page:Ukpga 20000036 en.pdf/26

22c. 36

(2) Information to which this section applies is exempt information if, in the reasonable opinion of a qualified person, disclosure of the information under this Act—
 * (a) would, or would be likely to, prejudice—
 * (i) the maintenance of the convention of the collective responsibility of Ministers of the Crown, or
 * (ii) the work of the Executive Committee of the Northern Ireland Assembly, or
 * (iii) the work of the executive committee of the National Assembly for Wales,
 * (b) would, or would be likely to, inhibit—
 * (i) the free and frank provision of advice, or
 * (ii) the free and frank exchange of views for the purposes of deliberation, or
 * (c) would otherwise prejudice, or would be likely otherwise to prejudice, the effective conduct of public affairs.

(3) The duty to confirm or deny does not arise in relation to information to which this section applies (or would apply if held by the public authority) if, or to the extent that, in the reasonable opinion of a qualified person, compliance with section 1(1)(a) would, or would be likely to, have any of the effects mentioned in subsection (2).

(4) In relation to statistical information, subsections (2) and (3) shall have effect with the omission of the words “in the reasonable opinion of a qualified person”.

(5) In subsections (2) and (3) “qualified person”—
 * (a) in relation to information held by a government department in the charge of a Minister of the Crown, means any Minister of the Crown,
 * (b) in relation to information held by a Northern Ireland department, means the Northern Ireland Minister in charge of the department,
 * (c) in relation to information held by any other government department, means the commissioners or other person in charge of that department,
 * (d) in relation to information held by the House of Commons, means the Speaker of that House,
 * (e) in relation to information held by the House of Lords, means the Clerk of the Parliaments,
 * (f) in relation to information held by the Northern Ireland Assembly, means the Presiding Officer,
 * (g) in relation to information held by the National Assembly for Wales, means the Assembly First Secretary,
 * (h) in relation to information held by any Welsh public authority other than the Auditor General for Wales, means—
 * (i) the public authority, or
 * (ii) any officer or employee of the authority authorised by the Assembly First Secretary,
 * (i) in relation to information held by the National Audit Office, means the Comptroller and Auditor General,