[2014.] Freedom of Information Act 2014. [No. 30.]PT.3 S.11 (c) the need to inform scrutiny, discussion, comment and review by the public of the activities of FOI bodies and facilitate more effective participation by the public in consultations relating to the role, responsibilities and performance of FOI bodies. (4) The records referred to in subsection (1) are— (a) records created on or after the effective date, and (b) (i) records created during such period (if any), or after such time (if any), before that date, and (ii) records created before such date and relating to such particular matters (if any), and (iii) records created during such period (if any) and relating to such particular matters (if any), as may be prescribed, after consultation with such Ministers of the Government as the Minister considers appropriate. (5) Notwithstanding subsections (1) and (4) but subject to subsection (6), where— (a) access to records created before the effective date is necessary or expedient in order to understand records created after such date, or (b) records created before the effective date relate to personal information about the person seeking access to them, subsection (1) shall be construed as conferring the right of access in respect of those records. (6) Subsection (4) shall not be construed as applying, in relation to an individual who is a member of the staff of an FOI body, the right of access to a record held by an FOI body that— (a) is a personnel record, that is to say, a record relating wholly or mainly to one or more of the following, that is to say, the competence or ability of the individual in his or her capacity as a member of the staff of an FOI body or his or her employment or employment history or an evaluation of the performance of his or her functions generally or a particular such function as such member, (b) was created more than 3 years before the effective date by the FOI body concerned, and (c) is not being used or proposed to be used in a manner or for a purpose that affects, or will or may affect, adversely the interests of the person. (7) Nothing in this section shall be construed as applying the right of access to an exempt record— (a) where the exemption is mandatory, or (b) where the exemption operates by virtue of the exercise of a discretion that requires the weighing of the public interest, if the factors in favour of refusal outweigh those in favour of release. 27