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Book IconThe Course of Justice, Ability to Receive a Fair Trial, etc - Regulation 10(5)(b)


Main points

Regulation 10(5)(b) of the Environmental Information (Scotland) Regulations 2004 (the EIRs) provides an exception which allows a Scottish public authority to withhold environmental information if its disclosure would, or would be likely to, cause substantial prejudice to one or more of the following:

  • the course of justice
  • the ability of a person to receive a fair trial
  • the ability of any public authority to conduct an inquiry of a criminal or disciplinary nature.

In common with other exceptions in the EIRs:

  • the exception is subject to the public interest test in regulation 10(1). This means that, even if the exception applies, the information should still be disclosed if the public interest in making the information available is outweighed by the public interest in making it available.
  • the exception can be relied on regardless of the age of the information.

Download the briefing

PDF iconEIR Briefing Regulation 10(5)(b): Course of justice, ability to receive a fair trial, etc.


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