Freedom of Information Act 2000

Freedom of Information Act 2000

2000 CHAPTER 36

Commentary on Sections

Part V: Appeals

Section 57: Appeal against notices served under Part IV

190. Subsections (1) and (2) of this section enable a complainant or a public authority to appeal to the Tribunal against a decision notice and a public authority to appeal to the Tribunal against an information notice or enforcement notice served on it.

191. Subsection (3) relates to decision notices or enforcement notices about information which falls under section 66 (Decisions relating to certain transferred public records) and in respect of which, under subsections (3) and (4) of that section, the "responsible authority" (that is, generally, the originating authority) has determined that the public interest in maintaining the exemption outweighs the public interest in disclosing the information. This subsection provides that either the public authority holding the information or the responsible authority can appeal against a decision notice or enforcement notice requiring such a disclosure.