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Below
is the text of section 31. This exemption covers a
very large number of aspects of what may generally
be termed 'law enforcement'.
To
read what the Government Guidance says about these
different aspects, click on the relevant subsection
- though only the most relevant to the HSE have a
link.
| • |
To
see all the Government guidance on the application
of section 31, click here. |
Section
30 of the Freedom of Information Act provides that:
| (1) |
Information which is not exempt information by
virtue of section 30 is exempt information if
its disclosure under this Act would, or would
be likely to, prejudice-
| a |
the prevention
or detection of crime, |
| b |
the
apprehension or prosecution of offenders, |
| c |
the
administration of justice, |
| d |
the
assessment or collection of any tax or duty
or of any imposition of a similar nature, |
| e |
the
operation of the immigration controls, |
| f |
the
maintenance of security and good order in
prisons or in other institutions where persons
are lawfully detained, |
| g |
the
exercise by any public authority of its
functions for any of the purposes specified
in subsection (2), |
| h |
any
civil proceedings which are brought by or
on behalf of a public authority and arise
out of an investigation conducted, for any
of the purposes specified in subsection
(2), by or on behalf of the authority by
virtue of Her Majesty's prerogative or by
virtue of powers conferred by or under an
enactment, or |
| i |
any
inquiry held under the Fatal Accidents and
Sudden Deaths Inquiries (Scotland) Act 1976
to the extent that the inquiry arises out
of an investigation conducted, for any of
the purposes specified in subsection (2),
by or on behalf of the authority by virtue
of Her Majesty's prerogative or by virtue
of powers conferred by or under an enactment. |
|
| (1) |
2.
The purposes referred to in subsection (1)(g)
to (i) are-
| a |
the purpose of ascertaining
whether any person has failed to comply
with the law, |
| b |
the purpose of
ascertaining whether any person is responsible
for any conduct which is improper, |
| c |
the purpose of
ascertaining whether circumstances which
would justify regulatory action in pursuance
of any enactment exist or may arise, |
| d |
the
purpose of ascertaining a person's fitness
or competence in relation to the management
of bodies corporate or in relation to any
profession or other activity which he is,
or seeks to become, authorised to carry
on, |
| e |
the purpose of ascertaining
the cause of an accident, |
| f |
the
purpose of protecting charities against
misconduct or mismanagement (whether by
trustees or other persons) in their administration, |
| g |
the
purpose of protecting the property of charities
from loss or misapplication, |
| h |
the purpose of recovering the property of
charities, |
| i. |
the purpose of securing the health, safety
and welfare of persons at work, and |
| i |
the
purpose of protecting persons other than
persons at work against risk to health or
safety arising out of or in connection with
the actions of persons at work. |
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| (3) |
The
duty to confirm or deny does not arise if, or
to the extent that, compliance with section 1(1)(a)
would, or would be likely to, prejudice any of
the matters mentioned in subsection(1). |
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