Office of Public Sector Information
(1) Where a decision notice has been served, the complainant or the public authority may appeal to the Tribunal against the notice.
(2) A public authority on which an information notice or an enforcement notice has been served by the Commissioner may appeal to the Tribunal against the notice.
(3) In relation to a decision notice or enforcement notice which relates—
(a) to information to which section 66 applies, and
(b) to a matter which by virtue of subsection (3) or (4) of that section falls to be determined by the responsible authority instead of the appropriate records authority,
subsections (1) and (2) shall have effect as if the reference to the public authority were a reference to the public authority or the responsible authority.
(1) If on an appeal under section 57 the Tribunal considers—
(a) that the notice against which the appeal is brought is not in accordance with the law, or
(b) to the extent that the notice involved an exercise of discretion by the Commissioner, that he ought to have exercised his discretion differently,
the Tribunal shall allow the appeal or substitute such other notice as could have been served by the Commissioner; and in any other case the Tribunal shall dismiss the appeal.
(2) On such an appeal, the Tribunal may review any finding of fact on which the notice in question was based.
Any party to an appeal to the Tribunal under section 57 may appeal from the decision of the Tribunal on a point of law to the appropriate court; and that court shall be—
(a) the High Court of Justice in England if the address of the public authority is in England or Wales,
(b) the Court of Session if that address is in Scotland, and
(c) the High Court of Justice in Northern Ireland if that address is in Northern Ireland.
(1) Where a certificate under section 23(2) or 24(3) has been issued—
(a) the Commissioner, or
(b) any applicant whose request for information is affected by the issue of the certificate,
may appeal to the Tribunal against the certificate.
(2) If on an appeal under subsection (1) relating to a certificate under section 23(2), the Tribunal finds that the information referred to in the certificate was not exempt information by virtue of section 23(1), the Tribunal may allow the appeal and quash the certificate.
(3) If on an appeal under subsection (1) relating to a certificate under section 24(3), the Tribunal finds that, applying the principles applied by the court on an application for judicial review, the Minister did not have reasonable grounds for issuing the certificate, the Tribunal may allow the appeal and quash the certificate.
(4) Where in any proceedings under this Act it is claimed by a public authority that a certificate under section 24(3) which identifies the information to which it applies by means of a general description applies to particular information, any other party to the proceedings may appeal to the Tribunal on the ground that the certificate does not apply to the information in question and, subject to any determination under subsection (5), the certificate shall be conclusively presumed so to apply.
(5) On any appeal under subsection (4), the Tribunal may determine that the certificate does not so apply.
(1) Schedule 4 (which contains amendments of Schedule 6 to the [1998 c. 29.] Data Protection Act 1998 relating to appeal proceedings) has effect.
(2) Accordingly, the provisions of Schedule 6 to the [1998 c. 29.] Data Protection Act 1998 have effect (so far as applicable) in relation to appeals under this Part.
(1) For the purposes of this Part, a record becomes a “historical record” at the end of the period of thirty years beginning with the year following that in which it was created.
(2) Where records created at different dates are for administrative purposes kept together in one file or other assembly, all the records in that file or other assembly are to be treated for the purposes of this Part as having been created when the latest of those records was created.
(3) In this Part “year” means a calendar year.
(1) Information contained in a historical record cannot be exempt information by virtue of section 28, 30(1), 32, 33, 35, 36, 37(1)(a), 42 or 43.
(2) Compliance with section 1(1)(a) in relation to a historical record is not to be taken to be capable of having any of the effects referred to in section 28(3), 33(3), 36(3), 42(2) or 43(3).
(3) Information cannot be exempt information by virtue of section 37(1)(b) after the end of the period of sixty years beginning with the year following that in which the record containing the information was created.
(4) Information cannot be exempt information by virtue of section 31 after the end of the period of one hundred years beginning with the year following that in which the record containing the information was created.
(5) Compliance with section 1(1)(a) in relation to any record is not to be taken, at any time after the end of the period of one hundred years beginning with the year following that in which the record was created, to be capable of prejudicing any of the matters referred to in section 31(1).
(1) Information contained in a historical record in the Public Record Office or the Public Record Office of Northern Ireland cannot be exempt information by virtue of section 21 or 22.
(2) In relation to any information falling within section 23(1) which is contained in a historical record in the Public Record Office or the Public Record Office of Northern Ireland, section 2(3) shall have effect with the omission of the reference to section 23.
(1) Before refusing a request for information relating to information which is contained in a historical record and is exempt information only by virtue of a provision not specified in section 2(3), a public authority shall—
(a) if the historical record is a public record within the meaning of the [1958 c. 51.] Public Records Act 1958, consult the Lord Chancellor, or
(b) if the historical record is a public record to which the [1923 c. 20 (N.I.).] Public Records Act (Northern Ireland) 1923 applies, consult the appropriate Northern Ireland Minister.
(2) This section does not apply to information to which section 66 applies.
(1) This section applies to any information which is (or, if it existed, would be) contained in a transferred public record, other than information which the responsible authority has designated as open information for the purposes of this section.
(2) Before determining whether—
(a) information to which this section applies falls within any provision of Part II relating to the duty to confirm or deny, or
(b) information to which this section applies is exempt information,
the appropriate records authority shall consult the responsible authority.
(3) Where information to which this section applies falls within a provision of Part II relating to the duty to confirm or deny but does not fall within any of the provisions of that Part relating to that duty which are specified in subsection (3) of section 2, any question as to the application of subsection (1)(b) of that section is to be determined by the responsible authority instead of the appropriate records authority.
(4) Where any information to which this section applies is exempt information only by virtue of any provision of Part II not specified in subsection (3) of section 2, any question as to the application of subsection (2)(b) of that section is to be determined by the responsible authority instead of the appropriate records authority.
(5) Before making by virtue of subsection (3) or (4) any determination that subsection (1)(b) or (2)(b) of section 2 applies, the responsible authority shall consult—
(a) where the transferred public record is a public record within the meaning of the [1958 c. 51.] Public Records Act 1958, the Lord Chancellor, and
(b) where the transferred public record is a public record to which the [1923 c. 20 (N.I.).] Public Records Act (Northern Ireland) 1923 applies, the appropriate Northern Ireland Minister.
(6) Where the responsible authority in relation to information to which this section applies is not (apart from this subsection) a public authority, it shall be treated as being a public authority for the purposes of Parts III, IV and V of this Act so far as relating to—
(a) the duty imposed by section 15(3), and
(b) the imposition of any requirement to furnish information relating to compliance with Part I in connection with the information to which this section applies.
Schedule 5 (which amends the [1958 c. 51.] Public Records Act 1958 and the Public Records Act (Northern Ireland) 1923) has effect.
Freedom of Information Act 2000