Citation and commencement

1. These Regulations may be cited as the Freedom of Information (Time for Compliance with Request) Regulations 2004 and come into force on 1st January 2005.

Interpretation

2. In these Regulations, “the Act” means the Freedom of Information Act 2000.

Governing body of a maintained school or maintained nursery school and schools maintained by the Secretary of State for Defence

3. —(1) This regulation applies–

(a) to a request for information that is received by the governing body of a maintained school or a maintained nursery school( 3 ); and

(b) to a request for information which is held by the public authority only by virtue of the information being situated in a school which is maintained by the Secretary of State for Defence and which provides primary or secondary education, (or both primary and secondary education).

(2) Where this regulation applies, subsections (1) and (2) of section 10 of the Act have effect as if any reference to the twentieth working day following the date of receipt were a reference to either–

(a) the twentieth working day following the date of receipt, disregarding any working day which, in relation to the school referred to in paragraph (1), is not a school day, or

(b) the sixtieth working day following the date of receipt,

whichever occurs first.

(3) “School day”, for the purposes of this regulation, means any day on which, at the school referred to in paragraph (1) above, there is a session.

Archives

4. —(1) This regulation applies where–

(a) a request for information is received by an appropriate records authority or by a person at a place of deposit appointed under section 4(1) of the Public Records Act 1958( 4 ); and

(b) the request relates wholly or partly to information:

(i) that may be contained in a transferred public record, and

(ii) that has not been designated as open information for the purposes of section 66 of the Act.

(2) Where this regulation applies, subsections (1) and (2) of section 10 of the Act have effect as if any reference to the twentieth working day following the date of receipt were a reference to the thirtieth working day following the date of receipt.

Operations of armed forces of the Crown

5. —(1) This regulation applies, in relation to a request for information, where–

(a) a public authority cannot comply with section 1(1) of the Act without obtaining information (whether or not recorded) from any individual (whether or not a member of the armed forces of the Crown) who is actively involved in an operation of the armed forces of the Crown, or in the preparations for such an operation, and

(b) for that reason, the public authority would not be able to obtain the information within such time as to enable it to comply with the request within the time referred to in subsections (1) and (2) of section 10 of the Act.

(2) Where this regulation applies, subsections (1) and (2) of section 10 of the Act have effect as if any reference to the twentieth working day following the date of receipt were a reference to such other day, not being later than the sixtieth working day following the date of receipt, as the InformationCommissioner may specify in accordance with paragraph (3).

(3) Where–

(a) the public authority applies to the InformationCommissioner for specification of a day in accordance with this regulation, and

(b) that application is made within twenty working days following the date of receipt of the request,

the InformationCommissioner shall specify such day as he considers reasonable in all the circumstances.

Information held outside the United Kingdom

6. —(1) This regulation applies to a request for information which–

(a) may

(i) relate to information not held in the United Kingdom, or

(ii) require information (including information held by a person who is not a public authority) that is not held in the United Kingdom to be obtained in order to comply with it, and

(b) for that reason, the public authority would not be able to obtain the information within such time as to enable it to comply with the request within the time referred to in subsections (1) and (2) of section 10 of the Act.

(2) Where this regulation applies, subsections (1) and (2) of section 10 of the Act have effect as is any reference to the twentieth working day following the date of receipt were a reference to such other day, not being later than the sixtieth working day following the date of receipt, as the InformationCommissioner may specify in accordance with paragraph (3).

(3) Where–

(a) the public authority applies to the InformationCommissioner for specification of a day in accordance with this regulation, and

(b) that application is made within twenty working days following the date of receipt of the request,

the InformationCommissioner shall specify such day as he considers reasonable in all the circumstances.