Freedom of
Information (Miscellaneous Provisions) (Jersey) Regulations 2014
Made 24th September 2014
Coming into force 1st
January 2015
THE STATES, in pursuance of Articles 13, 44 and 53 of the Freedom of
Information (Jersey) Law 2011[1], have made the following
Regulations –
1 Interpretation
In these Regulations
“Law” means the Freedom of Information (Jersey) Law 2011[2].
2 Time
limits for authority to deal with a request for information
For the purposes of Article 13(2)(b) of the Law the period
prescribed is such period as is reasonable in all the circumstances of the
case, not exceeding 65 working days following the day on which the
scheduled public authority received the request.
3 Code
of Practice issued by Information Commissioner
(1) The
Information Commissioner may issue a Code of Practice for the purpose of giving
guidance to scheduled public authorities with respect to the discharge of their
functions under the Law.
(2) The
Information Commissioner may revise a Code of Practice issued under paragraph (1)
from time to time as he or she thinks fit.
(3) Before
issuing a code of practice under paragraph (1), or any revisions to it
under paragraph (2), the Information Commissioner must consult the Chief
Minister.
(4) If,
in the opinion of the Information Commissioner, a scheduled public authority has
failed to comply with any provision in a Code of Practice issued under this
Regulation, the Information Commissioner may recommend steps that the scheduled
public authority should take to comply with such a provision.
(5) A
recommendation made under paragraph (4), including the name of the scheduled
public authority to whom it is addressed, may be published by the Information
Commissioner and included or referred to in the Information
Commissioner’s report under Article 43 of the Law.
(6) In
considering whether a scheduled public authority has discharged its functions
in accordance with the Law, the Information Commissioner in deciding an appeal
under Article 46, or the Royal Court, in deciding an appeal under Article 47
or in dealing with any matter under Article 48, may take into account a
Code of Practice issued under this Regulation and any recommendation made under
paragraph (4).
4 Citation
and Commencement
These Regulations may be cited as the Freedom of Information
(Miscellaneous Provisions) (Jersey) Regulations 2014 and shall come into
force on the same date that the Freedom of Information (Jersey) Law 2011[3] comes into force.
m.n. de la haye, o.b.e.
Greffier of the States