Section 39 of the Freedom of Information Act provides that:
"Information is exempt information if the public authority holding
it-
(a) is obliged by regulations under section 74 to make the information
available to the public in accordance with the regulations, or
(b) would be so obliged but for any exemption contained in the regulations.
The duty to confirm or deny does not arise in relation to information
which is (or if it were held by the public authority would be) exempt
information by virtue of subsection in subsection (1).
Subsection (1) (a) does not limit the generality of section 21(1)."
