Section 15 — Environmental Information Regulations 2004: Ministerial certificates

Ministerial certificates 15 1 A Minister of the Crown may certify that a refusal to disclose information under regulation 12(1) is because the disclosure—

a would adversely affect national security;

and b would not be in the public interest under regulation 12(1)(b).

2 For the purposes of paragraph (1)—

a a Minister of the Crown may designate a person to certify the matters in that paragraph on his behalf;

and b a refusal to disclose information under regulation 12(1) includes a response under regulation 12(6).

3 A certificate issued in accordance with paragraph (1)—

a shall be conclusive evidence of the matters in that paragraph;

and b may identify the information to which it relates in general terms.

4 A document purporting to be a certificate under paragraph (1) shall be received in evidence and deemed to be such a certificate unless the contrary is proved.

5 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 paragraph (1) shall in any legal proceedings be evidence (or, in Scotland, sufficient evidence) of that certificate.

6 In paragraphs (1), (2) and (5), a “Minister of the Crown” has the same meaning as in section 25(3) of the Act.