2017 Freedom Of Information Regulations

Author:Mr Edward Gleeson, Catherine Allen, Niall Michel and Lisa Joyce
Profession:Mason Hayes & Curran

Freedom of Information Regulations, introduced in November 2016, have now been revoked and updated by 2017 Regulations to remove a 'double requirement' for those who can make FOI applications on behalf of deceased persons. We take a look at the scope of the 2017 Regulations.

In November 2016, new Freedom of Information Regulations (the "2016 Regulations") were introduced, providing for those who could make particular Freedom of Information applications on behalf of minors, incapacitated persons and deceased persons, and in what circumstances. 

In a previous  article published by our Public & Administrative Law team, we noted that the 2016 Regulations contained a surprising, and perhaps unintended, departure from the pre-existing regime concerning applications in relation to, or on behalf of, deceased individuals under section 10 of the Freedom of Information Act 2014 ("FOI Act")1. The 2016 Regulations introduced a 'double-requirement' for these applications. This meant that, in addition to being a personal representative or performing a statutory function in relation to the deceased's estate, or being the spouse or next-of-kin, applicants were required to also be a parent or guardian of the deceased individual concerned.

On 17 February 2017, the 2016 Regulations were revoked2 and replaced by the Freedom of Information Act 2014 (Sections 9(6)), 10(6) and 37(8)) Regulations 2017 (the "2017 Regulations"). The 2017 Regulations...

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