Freedom of Information Act 2000

Freedom of Information Act 2000

2000 CHAPTER 36

Commentary on Sections

Part III: General functions of Secretary of State, Lord Chancellor and Information Commissioner

Section 45: Issue of code of practice by Secretary of State

155. This requires the Secretary of State to issue, and from time to time revise, a code of practice setting out practices which he considers public authorities should follow in discharge of their duties in relation to Part I of the Act (access to information). It specifies particular matters which must be included in the code such as the advice and assistance that should be given to applicants and procedures for dealing with complaints. It also allows the code to make different provision for different authorities. Subsection (4) requires the Secretary of State to consult the Commissioner before making or revising a code; and subsection (5) provides for it to be laid before Parliament.

156. The matters to be included in the code are administrative ones that are an important part of good practice. They form an important part of the overall scheme for dealing with requests for information. For example, the code will include provision relating to the provision by authorities of arrangements for dealing with complaints from applicants. It is envisaged that an effective complaints system will enable the more straightforward complaints to be dealt with by the authorities themselves and help ensure the best use of the resources of the Commissioner who would be able to concentrate on more complex or difficult cases.