ch3600c10a
02-12-00 01:17:23
c. 36
28
ACT
Unit: PAG1
Rev RA Proof, 29.11.2000
Freedom of Information Act 2000
Part III
(5) The Commissioner shall from time to time as he considers
appropriate—
1958 c. 51.
1923 c. 20 (N.I.).
(a) consult the Keeper of Public Records about the promotion by
the Commissioner of the observance by public authorities of the
provisions of the code of practice under section 46 in relation to
records which are public records for the purposes of the Public
Records Act 1958, and
(b) consult the Deputy Keeper of the Records of Northern Ireland
about the promotion by the Commissioner of the observance by
public authorities of those provisions in relation to records
which are public records for the purposes of the Public Records
Act (Northern Ireland) 1923.
(6) In this section “good practice”, in relation to a public authority,
means such practice in the discharge of its functions under this Act as
appears to the Commissioner to be desirable, and includes (but is not
limited to) compliance with the requirements of this Act and the
provisions of the codes of practice under sections 45 and 46.
Recommendations
as to good
practice.
48.—(1) If it appears to the Commissioner that the practice of a public
authority in relation to the exercise of its functions under this Act does
not conform with that proposed in the codes of practice under sections 45
and 46, he may give to the authority a recommendation (in this section
referred to as a “practice recommendation”) specifying the steps which
ought in his opinion to be taken for promoting such conformity.
(2) A practice recommendation must be given in writing and must refer
to the particular provisions of the code of practice with which, in the
Commissioner’s opinion, the public authority’s practice does not
conform.
(3) Before giving to a public authority other than the Public Record
Office a practice recommendation which relates to conformity with the
code of practice under section 46 in respect of records which are public
records for the purposes of the Public Records Act 1958, the
Commissioner shall consult the Keeper of Public Records.
(4) Before giving to a public authority other than the Public Record
Office of Northern Ireland a practice recommendation which relates to
conformity with the code of practice under section 46 in respect of records
which are public records for the purposes of the Public Records Act
(Northern Ireland) 1923, the Commissioner shall consult the Deputy
Keeper of the Records of Northern Ireland.
Reports to be laid
before Parliament.
49.—(1) The Commissioner shall lay annually before each House of
Parliament a general report on the exercise of his functions under this Act.
(2) The Commissioner may from time to time lay before each House
of Parliament such other reports with respect to those functions as he
thinks fit.
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