Freedom of Information Act 2000FOIAUK · 2000 c. 36
Digiphile
Freedom of Information Act 2000 (c. 36) – Section 46 – Issue of code of practice by Secretary of State.

Sections

Section 46Issue of code of practice by [F1Secretary of State].

(1) The [F2Secretary 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 M1Public 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 M2Public Records Act 1958 or section 3 of the M3Public 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 [F3Secretary 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 [F4Secretary of State] shall consult—
  • (a)
    [F5 the [F6Minister for the Cabinet Office],]
  • (b)
    the [F7Commission], and
  • (c)
    in relation to Northern Ireland, the appropriate Northern Ireland Minister.
(6) The [F8Secretary 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 M4Public Records Act 1958 or the Public Records Act (Northern Ireland) 1923.

Amended text

This Section is shown as amended by S.I. 2003/1887; S.I. 2015/1897; S.I. 2016/997; S.I. 2026/386 (see the annotations below), as incorporated in the text in force on 7 October 2026 as published on legislation.gov.uk.

Annotations

Textual Amendments

  1. F1 Words in s. 46 heading substituted (9.12.2015) by The Transfer of Functions (Information and Public Records) Order 2015 (S.I. 2015/1897), art. 1(2), Sch. para. 2(5)(c)
  2. F2 Words in s. 46(1) substituted (9.12.2015) by The Transfer of Functions (Information and Public Records) Order 2015 (S.I. 2015/1897), art. 1(2), Sch. para. 2(5)(b)
  3. F3 Words in s. 46(3) substituted (9.12.2015) by The Transfer of Functions (Information and Public Records) Order 2015 (S.I. 2015/1897), art. 1(2), Sch. para. 2(5)(b)
  4. F4 Words in s. 46(5) substituted (9.12.2015) by The Transfer of Functions (Information and Public Records) Order 2015 (S.I. 2015/1897), art. 1(2), Sch. para. 2(5)(b)
  5. F5 S. 46(5)(a) inserted (19.8.2003) by The Secretary of State for Constitutional Affairs Order 2003 (S.I. 2003/1887), art. 9, Sch. 2 para. 12(2)
  6. F6 Words in s. 46(5)(a) substituted (9.11.2016) by The Transfer of Functions (Elections, Referendums, Third Sector and Information) Order 2016 (S.I. 2016/997), art. 1(2), Sch. 2 para. 14(2)(l) (with art. 12)
  7. F7 Word in s. 46(5)(b) substituted (30.9.2026) by The Data (Use and Access) Act 2025 (Consequential Amendments and Transitional Provision) Regulations 2026 (S.I. 2026/386), reg. 1(2), Sch. 2 para. 12(9); S.I. 2026/1015, reg. 2(c)
  8. F8 Words in s. 46(6) substituted (9.12.2015) by The Transfer of Functions (Information and Public Records) Order 2015 (S.I. 2015/1897), art. 1(2), Sch. para. 2(5)(b)

Modifications etc. (not altering text)

  1. C1 S. 46(1) functions transferred (9.12.2015) by The Transfer of Functions (Information and Public Records) Order 2015 (S.I. 2015/1897), arts. 1(2), 6(1)(b), (3)(a) (with art. 7)
  2. C2 S. 46(3) functions transferred (9.12.2015) by The Transfer of Functions (Information and Public Records) Order 2015 (S.I. 2015/1897), arts. 1(2), 6(1)(b), (3)(a) (with art. 7)
  3. C3 S. 46(5)(6) functions transferred (9.12.2015) by The Transfer of Functions (Information and Public Records) Order 2015 (S.I. 2015/1897), arts. 1(2), 6(1)(b), (3)(a) (with art. 7)
  4. C4 S. 46(5)(a) functions transferred (9.12.2015) by The Transfer of Functions (Information and Public Records) Order 2015 (S.I. 2015/1897), arts. 1(2), 4(1), (2)(h) (with art. 5)

Commencement Information

  1. I1 S. 46 wholly in force at 30.11.2002; s. 46 in force at Royal Assent to the extent that it confers power to make code of practice, see s. 87(1)(m)(3); s. 46 otherwise in force at 30.11.2002 by S.I. 2002/2812, art. 2(b)

Marginal Citations

  1. M1 1958 c. 51.
  2. M2 1958 c. 51.
  3. M3 1923 c. 20 (N.I.)
  4. M4 1958 c. 51.

https://foia.digiphile.law/article/article-46.html

Text as at 7 October 2026.

This is an unofficial convenience version of the Freedom of Information Act 2000. It is presented “as is” without guarantee of accuracy, completeness or reliability. See the source text for the official version. This site was last updated in October 2026.

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