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

 


 



[1]                                    L.17/2011

[2]                                    L.17/2011

[3]                                    L.17/2011


Page Last Updated: 15 Apr 2016