35 Information as to existence of certain documents
(1) Nothing in this Act requires an agency or Minister to give information as to the existence or non-existence of a document containing matter that would be exempt matter under section 36, 37, 42 or 42A.
(2) If an application relates to a document that includes exempt matter under section 36, 37, 42 or 42A, the agency or Minister concerned may give written notice to the applicant—
(a) that the agency or Minister neither confirms nor denies the existence of that type of document as a document of the agency or an official document of the Minister; but
(b) that, assuming the existence of the document, it would be an exempt document.
(3) If a notice is given under subsection (2)—
(a) section 34 applies as if the decision to give the notice were the decision on the application mentioned in that section; and
(b) the decision to give the notice were a decision refusing access to the document because the document would, if it existed, be exempt.