Freedom of Information Act 2000FOIAUK · 2000 c. 36
Digiphile

Sections

Section 48Recommendations as to good practice.

(1) If it appears to the [F1Commission] that the practice of a public authority in relation to the exercise of its functions under this Act does not conform with that proposed in the codes of practice under sections 45 and 46, [F2the Commission] may give to the authority a recommendation (in this section referred to as a “practice recommendation”) specifying the steps which ought in [F3the Commission’s] opinion to be taken for promoting such conformity.
(2) A practice recommendation must be given in writing and must refer to the particular provisions of the code of practice with which, in the [F4Commission’s] opinion, the public authority’s practice does not conform.
(3) Before giving to a public authority other than the Public Record Office a practice recommendation which relates to conformity with the code of practice under section 46 in respect of records which are public records for the purposes of the M1Public Records Act 1958, the [F5Commission] shall consult the Keeper of Public Records.
(4) Before giving to a public authority other than the Public Record Office of Northern Ireland a practice recommendation which relates to conformity with the code of practice under section 46 in respect of records which are public records for the purposes of the Public Records Act (Northern Ireland) 1923, the [F6Commission] shall consult the Deputy Keeper of the Records of Northern Ireland.

Amended text

This Section is shown as amended by 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 Word in s. 48(1) 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(11)(a)(i); S.I. 2026/1015, reg. 2(c)
  2. F2 Words in s. 48(1) 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(11)(a)(ii); S.I. 2026/1015, reg. 2(c)
  3. F3 Words in s. 48(1) 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(11)(a)(iii); S.I. 2026/1015, reg. 2(c)
  4. F4 Word in s. 48(2) 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(11)(b); S.I. 2026/1015, reg. 2(c)
  5. F5 Word in s. 48(3) 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(11)(c); S.I. 2026/1015, reg. 2(c)
  6. F6 Word in s. 48(4) 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(11)(d); S.I. 2026/1015, reg. 2(c)

Modifications etc. (not altering text)

  1. C1 S. 48 applied (with modifications) (1.1.2005) by The Environmental Information Regulations 2004 (S.I. 2004/3391), reg. 16(5) (with reg. 3)

Commencement Information

  1. I1 S. 48 wholly in force at 1.1.2005; s. 48 not in force at Royal Assent, see s. 87(3); s. 48(1)(2) in force for certain purposes at 30.11.2002 by S.I. 2002/2812, art. 2(d); s. 48 in force for certain further purposes at 1.1.2005 by S.I. 2004/1909, art. 2; s. 48 otherwise in force at 1.1.2005 by S.I. 2004/3122, art. 2

Marginal Citations

  1. M1 1958 c. 51.