Part II
(3) A certificate signed by a Minister of the Crown 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 safeguarding national security shall, subject to section 60, be conclusive evidence of that fact.
(4) A certificate under subsection (3) may identify the information to which it applies by means of a general description and may be expressed to have prospective effect.
Certificates under ss. 23 and 24: supplementary provisions. 25.—(1) A document purporting to be a certificate under section 23(2) or 24(3) shall be received in evidence and deemed to be such a certificate unless the contrary is proved.
(2) A document which purports to be certified by or on behalf of a Minister of the Crown as a true copy of a certificate issued by that Minister under section 23(2) or 24(3) shall in any legal proceedings be evidence (or, in Scotland, sufficient evidence) of that certificate.
(3) The power conferred by section 23(2) or 24(3) on a Minister of the Crown shall not be exercisable except by a Minister who is a member of the Cabinet or by the Attorney General, the Advocate General for Scotland or the Attorney General for Northern Ireland.
Defence. 26.—(1) Information is exempt information if its disclosure under this Act would, or would be likely to, prejudice—
- (a) the defence of the British Islands or of any colony, or
- (b) the capability, effectiveness or security of any relevant forces.
(2) In subsection (1)(b) “relevant forces” means—
- (a) the armed forces of the Crown, and
- (b) any forces co-operating with those forces,
or any part of any of those forces.
(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).
International relations. 27.—(1) Information is exempt information if its disclosure under this Act would, or would be likely to, prejudice—
- (a) relations between the United Kingdom and any other State,
- (b) relations between the United Kingdom and any international organisation or international court,
- (c) the interests of the United Kingdom abroad, or
- (d) the promotion or protection by the United Kingdom of its interests abroad.
(2) Information is also exempt information if it is confidential information obtained from a State other than the United Kingdom or from an international organisation or international court.
(3) For the purposes of this section, any information obtained from a State, organisation or court is confidential at any time while the terms on which it was obtained require it to be held in confidence or while the circumstances in which it was obtained make it reasonable for the State, organisation or court to expect that it will be so held.
