12
CAP. 496.]
FREEDOM OF INFORMATION
and he may give advice to any person or authority as to any of
those matters.
(3) Without prejudice to articles 22, 24 and 25, the
Commissioner may, with the consent or at the request of any public
authority, assess whether that authority is following good practice.
(4) The Commissioner may charge such sums as he may, with
the consent of the Minister, determine for any of the services
provided by the Commissioner under this article.
(5) Within three months following the end of each calendar
year the Commissioner shall prepare and submit to the Minister an
annual report on the workings of this Act during that year, and the
Minister shall at the first available opportunity cause a copy of the
report to be laid on the table of the House of Representatives; the
report shall state:
(a) how many requests for information under this Act
have been made to public authorities;
(b) how many of these requests have been accepted and
rejected;
(c) the reasons for rejection;
(d) the average time taken to reply to requests;
(e) how many complaints have been made to the
Commissioner, the grounds for such complaints, and
the outcome thereof;
(f)
the number of appeals lodged with the Tribunal and
how they have been determined; and
(g) the number of information, decision and enforcement
notices issued by the Commissioner.
(6) Without prejudice to subarticle (4) and to articles 26, 39
a nd 4 0, i n th e e x e r c i s e of h i s fu n c t i o ns u n d e r t hi s A c t t he
Commissioner shall act independently and shall not be subject to
the direction or control of any other person or authority.
(7) In this article "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 code of practice issued under
article 41.
Recommendations
as to good practice.
22. (1) If it appears to the Commissioner that the practice of a
relevant public authority in relation to the exercise of its functions
under this Act does not conform with that proposed in the code of
practice issued under article 41, 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
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