Freedom of Information (Amendment) Act 2003

Amendment of section 21 (functions and negotiations of public bodies) of Principal Act.

16.—Section 21 of the Principal Act is amended in subsection (1)—

(a) in paragraph (a), by substituting “conducted by or on behalf of a public body” for “conducted by or on behalf of the public body concerned”, and

(b) in paragraph (b), by substituting “the performance by a public body of any of its functions” for “the performance by the body of any of its functions”,

and the said subsection (1) (other than paragraph (c)), as so amended, is set out in the Table to this section.

TABLE

(1) A head may refuse to grant a request under section 7 if access to the record concerned could, in the opinion of the head, reasonably be expected to—

(a) prejudice the effectiveness of tests, examinations, investigations, inquiries or audits conducted by or on behalf of a public body or the procedures or methods employed for the conduct thereof.

(b) have a significant, adverse effect on the performance by a public body of any of its functions relating to management (including industrial relations and management of its staff), or