Statutory codes of practice

Sections 45 and 46 require the Secretary of State and Lord Chancellor to issue Codes of Practice which provide guidance to public authorities on 'desirable practice' in discharging their functions under Part I of the Act, and in relation to records management. The Codes themselves do not have statutory force. However, failure to comply with the provisions of the Codes may lead to breach of the Act, and ultimately enforcement action being taken by the Information Commissioner.

Before issuing either Code, the Secretary of State and Lord Chancellor must consult the Information Commissioner. This is because section 47 places a duty on the Commissioner to promote observance of these Codes by public authorities. If the Commissioner believes that a public authority is not complying with the Codes, he can issue Practice Recommendations and Information Notices. Failure to comply with an Information Notice can be treated as a contempt of court.

The Code of Practice on the Discharge of Public Authorities' Functions under Part I of the Freedom of Information Act 2000 covers such issues as public authorities' duties in providing advice and assistance to applicants under section 16, charging fees, timeliness in answering requests, and transferring requests to other public authorities.