22
CAP. 496.]
FREEDOM OF INFORMATION
enforcement notice has been served by the Commissioner may
appeal to the Tribunal against the notice.
(3)
If, on an appeal under this article, the Tribunal considers (a) that the notice against which the appeal is brought is
not in accordance with the law; or
(b) to the extent that the notice involved an exercise of
discretion by the Commissioner, that he ought to have
exercised his discretion differently,
the Tribunal shall allow the appeal or substitute such other notice
as could have been served by the Commissioner; and in any other
case the Tribunal shall dismiss the appeal.
(4) Where the Tribunal substitutes a notice as aforesaid, the
Commissioner shall take action under article 27 to secure
compliance as if that notice had been issued by the Commissioner.
Cap. 440.
(5) In hearing appeals under this article the Tribunal shall
remain subject to the following provisions of the Data Protection
Act:
(a) article 49(3); and
(b) article 50(2), (3) and (4).
Appeals from
decisions of the
Tribunal.
Cap. 440.
40. Decisions of the Tribunal under this Act shall be subject to
appeal to the Court of Appeal as provided for by article 51 of the
Data Protection Act.
Code of practice.
41. (1) The Minister shall issue a code of practice providing
guidance to public authorities as to the practice which it would, in
his opinion, be desirable for them to follow in connection with the
discharge of public authorities’ functions under Part II and Part III.
(2) The code of practice shall, in particular, include provisions
relating to:
(a) the provision of advice and assistance by public
authorities to persons who propose to make, or have
made, requests for information to them;
(b) the transfer of requests by one public authority to
another public authority which holds, or may hold, the
documents requested;
(c) consultation with persons to whom the information
requested relates or persons whose interests are likely
to be affected by the disclosure of information;
(d) the inclusion in contracts entered into by public
authorities of terms relating to the disclosure of
information;
(e) the provision by public authorities of rapid procedures
for dealing with complaints about the handling by
them of requests for information; and
(f)
the keeping of documents and records by public
authorities in such a manner as to facilitate the
identification and retrieval of documents for the
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