Bill Cullen MBA (ISM), BA (Hons) MRTPI
Chief Executive
Explanation of Section 21,
Freedom of Information Act 2000
The legislation
Section 1: Right of Access to information held by public authorities
(1) A
ny person making a request for information to a public authority is entitled-
(a)
to be informed in writing by the public authority whether it holds information of the
description specified in the request, and
(b)
if that is the case, to have that information communicated to him.
Secti
on 21: Information accessible to applicant by other means
(1) Information which is reasonably accessible to the applicant otherwise than under section 1is exempt
information.
(2) For the purpose of subsection (1)-
(a)
information may be reasonably accessible to the applicant even though it is available
only on payment, and
(b)
information is to be taken to be reasonably accessible to the applicant if it is information
which the public authority or any other person is obliged by or under any enactment to
communicate (otherwise than by making the information available for inspection) to
members of the public on request, whether free of charge or on payment.
(3) For the purposes of subsection (1), information which is held by a public authority and does not fall
withi
n subsection (2)(b) is not to be regarded as reasonably accessible to the applicant merely because
the information is available from the public authority itself on request, unless the information is made
available in accordance with the authority’s publication scheme and any payment required is specified
in, or determined in accordance with, the scheme.
Guidance
Section 21 exempts information from the right of access under the Freedom of Information Act if that
information is reasonably accessible to the applicant by other means.
Section 21 is aimed at preserving intact all existing laws providing access to information. The Freedom
of Information Act is not designed to subsume other legal access rights, nor to give alternative routes of
access where existing regimes are already available. The Freedom of Information Act access rights
build on, but do not replace, previous access rights. Those existing rights, and the separate procedural
regimes which are tailored to them, continue in place, and the Freedom of Information Act observes
corresponding limits to its role.
Section 21 also confirms that the Freedom of Information Act does not provide alternative means of
access to information which is already freely available, either through commercial publishing operations
or through existing publicly funded provision. The Freedom of Information Act rights are designed to
supplement, and not to duplicate, the usual flow of information to the public through the commercial
electronic and print media, and through existing library and archive services.
Section 21 is an absolute exemption, which means that no consideration of the public interest test is
required to withhold information.
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