Freedom of Information Act 2000FOIAUK · 2000 c. 36
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Freedom of Information Act 2000 (c. 36) – Section 58 – Determination of appeals.

Sections

Section 58Determination of appeals.

(1) If on an appeal under section 57 the Tribunal considers—
  • (a)
    that the notice against which the appeal is brought is not in accordance with the law, or
  • (b)
    to the extent that the notice involved an exercise of discretion by the [F1Commission], that [F2the Commission] ought to have exercised [F3its] discretion differently,

the Tribunal shall allow the appeal or substitute such other notice as could have been served by the [F4Commission]; and in any other case the Tribunal shall dismiss the appeal.

(2) On such an appeal, the Tribunal may review any finding of fact on which the notice in question was based.

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. 58(1)(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(19)(a)(i); S.I. 2026/1015, reg. 2(c)
  2. F2 Words in s. 58(1)(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(19)(a)(ii); S.I. 2026/1015, reg. 2(c)
  3. F3 Word in s. 58(1)(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(19)(a)(iii); S.I. 2026/1015, reg. 2(c)
  4. F4 Word in s. 58(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(19)(b); S.I. 2026/1015, reg. 2(c)

Modifications etc. (not altering text)

  1. C1 S. 58 applied (with modifications) (31.12.2009) by The INSPIRE Regulations 2009 (S.I. 2009/3157), reg. 11
  2. C2 S. 58 applied (with modifications) (18.7.2015) by The Re-use of Public Sector Information Regulations 2015 (S.I. 2015/1415), regs. 1, 18 (with regs. 5, 11(4))
  3. C3 S. 58 applied (with modifications) (18.7.2015) by The Re-use of Public Sector Information Regulations 2015 (S.I. 2015/1415), regs. 1, 19 (with regs. 5, 11(4))
  4. C4 S. 58 excluded (18.7.2015) by The Re-use of Public Sector Information Regulations 2015 (S.I. 2015/1415), regs. 1, 22(7) (with regs. 5, 11(4))

https://foia.digiphile.law/article/article-58.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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