Part II
- (a) “court” includes any tribunal or body exercising the judicial power of the State,
- (b) “proceedings in a particular cause or matter” includes any inquest or post-mortem examination,
- (c) “inquiry” means any inquiry or hearing held under any provision contained in, or made under, an enactment, and
- (d) except in relation to Scotland, “arbitration” means any arbitration to which Part I of the 1996 c. 23.Arbitration Act 1996 applies.
Audit functions. 33.—(1) This section applies to any public authority which has functions in relation to—
- (a) the audit of the accounts of other public authorities, or
- (b) the examination of the economy, efficiency and effectiveness with which other public authorities use their resources in discharging their functions.
(2) Information held by a public authority to which this section applies is exempt information if its disclosure would, or would be likely to, prejudice the exercise of any of the authority’s functions in relation to any of the matters referred to in subsection (1).
(3) The duty to confirm or deny does not arise in relation to a public authority to which this section applies if, or to the extent that, compliance with section 1(1)(a) would, or would be likely to, prejudice the exercise of any of the authority’s functions in relation to any of the matters referred to in subsection (1).
Parliamentary privilege. 34.—(1) Information is exempt information if exemption from section 1(1)(b) is required for the purpose of avoiding an infringement of the privileges of either House of Parliament.
(2) The duty to confirm or deny does not apply if, or to the extent that, exemption from section 1(1)(a) is required for the purpose of avoiding an infringement of the privileges of either House of Parliament.
(3) A certificate signed by the appropriate authority certifying that exemption from section 1(1)(b), or from section 1(1)(a) and (b), is, or at any time was, required for the purpose of avoiding an infringement of the privileges of either House of Parliament shall be conclusive evidence of that fact.
(4) In subsection (3) “the appropriate authority” means—
- (a) in relation to the House of Commons, the Speaker of that House, and
- (b) in relation to the House of Lords, the Clerk of the Parliaments.
Formulation of government policy, etc. 35.—(1) Information held by a government department or by the National Assembly for Wales is exempt information if it relates to—
- (a) the formulation or development of government policy,
- (b) Ministerial communications,
- (c) the provision of advice by any of the Law Officers or any request for the provision of such advice, or
- (d) the operation of any Ministerial private office.
