# Freedom of Information (Scotland) Act 2002, Section 37: Court records, etc.

Extent: S

(1) Information is exempt information if it is contained in—
(a) a document—
(i) lodged with, or otherwise placed in the custody of, a court for the purposes of proceedings in a cause or matter;
(ii) served on, or by, a Scottish public authority for the purposes of such proceedings; or
(iii) created by a court or a member of its administrative staff for the purposes of, or in the course of, such proceedings; or
(b) a document—
(i) lodged with, or otherwise placed in the custody of, a person conducting an inquiry or arbitration, for the purposes of that inquiry or arbitration; or
(ii) created by such a person for such purposes,
and a Scottish public authority holds the information solely because it is contained in such a document.
(2) In this section—
“court” includes a tribunal or body exercising the judicial power of the State; and
“inquiry” means an inquiry or hearing held under a provision contained in, or made under, an enactment.
(3) This section does not apply to information held by a Scottish public authority for the purposes of an inquiry instituted under the Inquiries into Fatal Accidents and Sudden Deaths etc. (Scotland) Act 2016.

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Source: https://www.legislation.gov.uk/asp/2002/13/section/37 (the official version)
Page: https://openlegislation.uk/freedom-of-information-scotland-act-2002/section-37
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.