Section 40 Freedom of informationI1

(1)

Section 44 of the Freedom of Information Act 2000 (c. 36) (prohibitions on disclosure) does not, by virtue of section 39 above, apply to personal information which—

(a)

is held by a public authority who has received it directly or indirectly from the Board, and

(b)

is not held by that authority on behalf of the Board.

(2)

In subsection (1) “public authority” has the same meaning as in the Freedom of Information Act 2000.

(3)

Section 26 of the Freedom of Information (Scotland) Act 2002 (asp 13) (prohibitions on disclosure) does not, by virtue of section 39 above, apply to personal information which—

(a)

is held by a Scottish public authority who has received it directly or indirectly from the Board, and

(b)

is not held by that authority on behalf of the Board.

(4)

In subsection (3) “Scottish public authority” has the same meaning as in the Freedom of Information (Scotland) Act 2002.

Annotations

Commencement

I1: S. 40 in force at 1.12.2007 by S.I. 2007/3388, art. 2(f)