ch3600c11a
02-12-00 01:17:23
c. 36
30
ACT
Unit: PAG1
Rev RA Proof, 29.11.2000
Freedom of Information Act 2000
Part IV
(ii) for the purpose of determining whether the practice of
a public authority in relation to the exercise of its functions
under this Act conforms with that proposed in the codes of
practice under sections 45 and 46,
he may serve the authority with a notice (in this Act referred to as “an
information notice”) requiring it, within such time as is specified in the
notice, to furnish the Commissioner, in such form as may be so specified,
with such information relating to the application, to compliance with Part
I or to conformity with the code of practice as is so specified.
(2) An information notice must contain—
(a) in a case falling within subsection (1)(a), a statement that the
Commissioner has received an application under section 50, or
(b) in a case falling within subsection (1)(b), a statement—
(i) that the Commissioner regards the specified
information as relevant for either of the purposes referred to
in subsection (1)(b), and
(ii) of his reasons for regarding that information as
relevant for that purpose.
(3) An information notice must also contain particulars of the right of
appeal conferred by section 57.
(4) The time specified in an information notice must not expire before
the end of the period within which an appeal can be brought against the
notice and, if such an appeal is brought, the information need not be
furnished pending the determination or withdrawal of the appeal.
(5) An authority shall not be required by virtue of this section to
furnish the Commissioner with any information in respect of—
(a) any communication between a professional legal adviser and his
client in connection with the giving of legal advice to the client
with respect to his obligations, liabilities or rights under this
Act, or
(b) any communication between a professional legal adviser and his
client, or between such an adviser or his client and any other
person, made in connection with or in contemplation of
proceedings under or arising out of this Act (including
proceedings before the Tribunal) and for the purposes of such
proceedings.
(6) In subsection (5) references to the client of a professional legal
adviser include references to any person representing such a client.
(7) The Commissioner may cancel an information notice by written
notice to the authority on which it was served.
(8) In this section “information” includes unrecorded information.
Enforcement
notices.
52.—(1) If the Commissioner is satisfied that a public authority has
failed to comply with any of the requirements of Part I, the Commissioner
may serve the authority with a notice (in this Act referred to as “an
enforcement notice”) requiring the authority to take, within such time as
may be specified in the notice, such steps as may be so specified for
complying with those requirements.
(2) An enforcement notice must contain—
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