Section 44 Prohibitions on disclosure.C1

United Kingdom

(1)

Information is exempt information if its disclosure (otherwise than under this Act) by the public authority holding it—

(a)

is prohibited by or under any enactment,

(b)

is incompatible with any F1F2assimilated obligation, or

(c)

would constitute or be punishable as a contempt of court.

(2)

The duty to confirm or deny does not arise if the confirmation or denial that would have to be given to comply with section 1(1)(a) would (apart from this Act) fall within any of paragraphs (a) to (c) of subsection (1).

Annotations

Textual amendments

F1: Words in s. 44(1)(b) substituted (31.12.2020) by The Freedom of Information Act 2000 (Amendment) (EU Exit) Regulations 2018 (S.I. 2018/1353), regs. 1, 2; 2020 c. 1, Sch. 5 para. 1(1)
F2: Word in s. 44(1)(b) substituted (1.1.2024) by The Retained EU Law (Revocation and Reform) Act 2023 (Consequential Amendment) Regulations 2023 (S.I. 2023/1424), reg. 1(2), Sch. para. 46

Modifications

C1: S. 44 excluded (1.12.2007) by Statistics and Registration Service Act 2007 (c. 18), ss. 40(1)(2), 74; S.I. 2007/3388, art. 2(f)