PT.3 S.11[NO. 30.]
Freedom of Information Act 2014.
[2014.]
(8) Nothing in this Act shall be construed as prohibiting or restricting an FOI body from
publishing or giving access to a record (including an exempt record) otherwise than
under this Act where such publication or giving of access is not prohibited by law.
(9) A record in the possession of a service provider shall, if and in so far as it relates to
the service, be deemed for the purposes of this Act to be held by the FOI body, and
there shall be deemed to be included in the contract for the service a provision that the
service provider shall, if so requested by the FOI body for the purposes of this Act,
give the record to the FOI body for retention by it for such period as is reasonable in
the particular circumstances.
(10) If a person who is or was providing a service for a public body under a contract for
the service is a public body specified in Part 2 of Schedule 1, but immediately prior to
the enactment of this Act was not a public body to which the Act of 1997 applied,
subsection (9) shall not apply to records held by that public body in respect of the
contract for service it provides for the other public body until 6 months after the date
of such enactment.
(11) Where an FOI request would fall to be granted by virtue of subsection (9) but for the
fact that it relates to a record that contains, with the matter relating to the service
concerned, other matter, the head of the FOI body concerned shall, if it is practicable
to do so, prepare a copy, in such form as he or she considers appropriate of so much of
the record as does not consist of the other matter aforesaid and the request shall be
granted by offering the requester access to the copy.
Requests for access to records
12. (1) A person who wishes to exercise the right of access shall make a request, in writing or
in such other form as may be determined, addressed to the head of the FOI body
concerned for access to the record concerned—
(a) stating that the request is made under this Act,
(b) containing sufficient particulars in relation to the information concerned to
enable the record to be identified by the taking of reasonable steps, and
(c) if the person requires such access to be given in a particular form or manner
(being a form or manner referred to in section 17), specifying the form or manner
of access.
(2) The head shall cause the receipt by him or her of a request under subsection (1) to be
notified, in writing or in such other form as may be determined, to the requester
concerned as soon as may be but not later than 2 weeks after such receipt, and the
notification shall include a summary of the provisions of section 19 and particulars of
the rights of review under this Act, the procedure governing the exercise of those
rights, and the time limits governing such exercise, in a case to which that section
applies.
(3) Where a request under this section is received by the head of an FOI body (“head”)
and the record or records concerned are not held by the body (“the first-mentioned
body”) but, to the knowledge of the head, are held by one or more other FOI bodies,
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