41 Matter relating to deliberative processes

(1) Matter is exempt matter if its disclosure—

(a) would disclose—

(i) an opinion, advice or recommendation that has been obtained, prepared or recorded; or

(ii) a consultation or deliberation that has taken place; in the course of, or for the purposes of, the deliberative processes involved in the functions of government; and

(b) would, on balance, be contrary to the public interest.

(2) Matter is not exempt under subsection (1) if it merely consists of—

(a) matter that appears in an agency's policy document; or

(b) factual or statistical matter; or

(c) expert opinion or analysis by a person recognised as an expert in the field of knowledge to which the opinion or analysis relates.

(3) Matter is not exempt under subsection (1) if it consists of—

(a) a report of a prescribed body or organisation established within an agency; or

(b) the record of, as a formal statement of the reasons for, a final decision, order or ruling given in the exercise of—

(i) a power; or

(ii) an adjudicative function; or

(iii) a statutory function; or

(iv) the administration of a publicly funded scheme.