Official Information
27
44.
Functions and powers of independent consultant – (1) The principal
functions of the independent consultant appointed pursuant to section 43 shall be (a)
to review, as a first priority, the protection accorded to
official information by any Act with a view to seeing whether
that protection is both reasonable and compatible with the
purposes of this Act;
(b)
to define and review categories of official information with a
view to enlarging the categories of official information to
which access is given as a matter of right;
(c)
to recommend the making of regulations prescribing –
(i) categories of official information to which access is
given as a matter of right; and
(ii) such conditions (if any) as it considers appropriate in
relation to the giving of access to any category of
official information.
(2)
The independent consultant shall also have the following functions (a)
to keep under review the working of this Act and the manner
in which –
(i) access is being given to official information; and
(ii) official information is being supplied;
(b)
to recommend to any Ministry or Minister of the Crown or
organisation that that Ministry or Minister of the Crown or
organisation make changes in the manner in which it or he
gives access to, or supplies, official information or any
category of official information;
(c)
to receive and invite representations from members of the
public, and from Ministers of the Crown, Ministries and
organisations, in relation to any matter affecting access to or
the supply of official information;
(d)
to inquire into and report on the question whether this Act
should be extended to cover information held by bodies other
than Ministries, Ministers of the Crown, and organisations;
(e)
to inquire generally into and report on any matter, including
any law, or any practice or procedure, affecting access to or
the supply or presentation of official information.
(3)
The independent consultant shall also have such other functions as
are conferred on him or her by this Act or by any regulations made under this Act.
(4)
The independent consultant shall also have such other functions as
are reasonably necessary or expedient to enable him or her to carry out his or her functions
including power –
(a)
to seek advice from the Ombudsman;
(b)
to consult with and to receive reports from Ministries and
organisations on the problems encountered by Ministries and
organisations in the administration of this Act;
(c)
to publish information relating to the access to or the supply
of official information.
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