Part II
Prohibitions on disclosure. 44.—(1) Information is exempt information if its disclosure (otherwise than under this Act) by the public authority holding it—
- (a) is prohibited by or under any enactment,
- (b) is incompatible with any Community obligation, or
- (c) would constitute or be punishable as a contempt of court.
(2) The duty to confirm or deny does not arise if the confirmation or denial that would have to be given to comply with section 1(1)(a) would (apart from this Act) fall within any of paragraphs (a) to (c) of subsection (1).
Part III
General functions of Secretary of State, Lord Chancellor and Information Commissioner
Issue of code of practice by Secretary of State. 45.—(1) The Secretary of State shall issue, and may from time to time revise, a code of practice providing guidance to public authorities as to the practice which it would, in his opinion, be desirable for them to follow in connection with the discharge of the authorities’ functions under Part I.
(2) The code of practice must, in particular, include provision relating to—
- (a) the provision of advice and assistance by public authorities to persons who propose to make, or have made, requests for information to them,
- (b) the transfer of requests by one public authority to another public authority by which the information requested is or may be held,
- (c) consultation with persons to whom the information requested relates or persons whose interests are likely to be affected by the disclosure of information,
- (d) the inclusion in contracts entered into by public authorities of terms relating to the disclosure of information, and
- (e) the provision by public authorities of procedures for dealing with complaints about the handling by them of requests for information.
(3) The code may make different provision for different public authorities.
(4) Before issuing or revising any code under this section, the Secretary of State shall consult the Commissioner.
(5) The Secretary of State shall lay before each House of Parliament any code or revised code made under this section.
Issue of code of practice by Lord Chancellor. 46.—(1) The Lord Chancellor shall issue, and may from time to time revise, a code of practice providing guidance to relevant authorities as to the practice which it would, in his opinion, be desirable for them to follow in connection with the keeping, management and destruction of their records.
(2) For the purpose of facilitating the performance by the Public Record Office, the Public Record Office of Northern Ireland and other public authorities of their functions under this Act in relation to records