Commissions of Investigation Act 2004

Restriction of Freedom of Information Acts 1997 to 2003.

40.—(1) The Freedom of Information Acts 1997 to 2003 do not apply to a record relating to an investigation by a commission unless—

(a) the record was created before the making of the order establishing the commission, or

(b) the record relates to the expenses of the commission or the appointment of persons under section 7 or 8 or other matters concerning the general administration of the commission.

(2) Subsection (1) applies whether the record concerned is held by—

(a) the commission,

(b) the specified Minister after being deposited with him or her under section 43 (2),

(c) a tribunal of inquiry after being made available to it under section 45 , or

(d) a body after being transferred to it on the dissolution of a tribunal of inquiry to which the record was made available under section 45 .

(3) In this section, “record” has the same meaning as in the Freedom of Information Acts 1997 to 2003.