Index cards
Freedom of Information Act
The access provisions of the Freedom of Information Act
came fully into force in January 2005. The Act replaced the access provisions for UK public records set out in the Public Records Act 1958-67 and also governs access to information held by most public sector bodies. Scottish bodies are covered by the Freedom of Information (Scotland) Act 2002.
If you don't know if you are affected by Freedom of Information (FOI), there is a full list of bodies that are covered on the Ministry of Justice website. This website also contains general guidance on implementing and using the Act.
FOI and Records Management
The Lord Chancellor has issued two Codes of Practice under the Act.
The section 45 Code sets out good practice in handling requests for information. It also includes a section on Freedom of Information and public sector contracts.
The section 46 Code is in two parts. Part I sets out good practice in records management and applies to all FOI authorities and also to bodies that are not FOI authorities but are bodies subject to the Public Records Act 1958 or the Public Records Act (Northern Ireland) 1923. Part II applies only to bodies subject to the Public Records Act 1958 or the Public Records Act (Northern Ireland) 1923 and sets out how records should be transferred to records offices.
The section 46 Code is available in Welsh.
- Download as a PDF document (PDF, 226.42kb)
The Information Commissioner and the Keeper of the Public Records have signed a Memorandum of Understanding setting out how they will work together on promoting and monitoring the Records management code.
- Download the Memorandum of Understanding between the Keeper of the Public Records and the Information Commissioner as a PDF document (PDF, 35.85kb)
They have also signed a Service Level Agreement which sets out in more detail the support provided to the Information Commissioner by The National Archives.
- Download the Service Level Agreement as a PDF document (PDF, 52.47kb)
Guidance for records managers
The National Archives is working to promote compliance with the Code of Practice on the Management of Records in all public authorities. Resources include: a set of guides to each aspect of the Code, model action plans for improving records management; an evaluation workbook to help authorities in the wider public sector assess their records management against the code; and a programme to assess levels of risk faced by government departments through failure to comply with the Code.
More details of these resources
Guidance for archive services and places of deposit
Freedom of Information (FOI) has affected archive provision for both public records and private collections held in public institutions and places of deposit. The National Archives has produced guidance for archivists and record managers on how FOI has affected the management of these records, as well as on how to handle access requests.
This page contains PDF and RTF files. See plug-ins and file formats for help in accessing these file types.
