Section 46 — Freedom of Information Act 2000: Issue of code of practice by Secretary of State .

Issue of code of practice by Secretary of State . 46 1 The Secretary of State 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 which are public records for the purposes of the Public Records Act 1958 or the Public Records Act (Northern Ireland) 1923, the code may also include guidance as to—

a the practice to be adopted in relation to the transfer of records under section 3(4) of the Public Records Act 1958 or section 3 of the Public Records Act (Northern Ireland) 1923, and b the practice of reviewing records before they are transferred under those provisions.

3 In exercising his functions under this section, the Secretary of State shall have regard to the public interest in allowing public access to information held by relevant authorities.

4 The code may make different provision for different relevant authorities.

5 Before issuing or revising any code under this section the Secretary of State shall consult—

a the Minister for the Cabinet Office , b the Commissioner, and c in relation to Northern Ireland, the appropriate Northern Ireland Minister.

6 The Secretary of State shall lay before each House of Parliament any code or revised code made under this section.

7 In this section “ relevant authority ” means—

a any public authority, and b any office or body which is not a public authority but whose administrative and departmental records are public records for the purposes of the Public Records Act 1958 or the Public Records Act (Northern Ireland) 1923.