Section 28 applies to information whose disclosure would be likely to
prejudice relations between two or more administrations in the United
Kingdom. The relevant administrations are: the government of the United
Kingdom, the Scottish Administration, the Executive Committee of the Northern
Ireland Assembly and the National Assembly for Wales.
Key points:
Where necessary, regard should be had to the Memorandum of Understanding
which has been agreed with the four administrations and which includes
safeguards to ensure that information shared between administrations
is appropriately protected;
Departments should be alive to the need to consult the other administration(s)
concerned when determining whether section 28 applies, and in particular
to be aware that separate freedom of information legislation applies
in Scotland;
Section 28 is subject to a public interest balance.
