Chapters: 01 | 02 | 03 |
04 |
Annex A
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Annex B
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Annex C
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Annex D
4.1 When considering the withholding of information under section 36, it is very likely that another exemption may be relevant. This is because section 36 is mainly about ways of working, is generally expressed, and is residual.
4.2 Like all information covered by the Act, information exempt under section 36 may also be covered by:
4.3 So far as the content of the information is concerned, you should be particularly alert to the possibility that it may be covered by:
4.4 This is not, however, an exhaustive list. All these exemptions (apart from parts of section 40) are also subject to the public interest test. Even if information is covered by one or more of them in addition to section 36, it may still be that the balance of the public interest favours disclosure. The assessment of the public interest, however, will need to take into account the public interest in maintaining each exemption separately before a final decision can be taken.
4.5 Information which is exempt under section 35 cannot fall within section 36. The subject matter of the two is so closely connected, however, that careful consideration of which of the exemptions the information falls under will always be necessary.