Freedom of Information Act, 1997 (Section 18) Regulations, 1998
S.I. No. 519
I, Charlie McCreevy, Minister for Finance, in exercise of the powers conferred on me by section 3 of the Freedom of Information Act, 1997 (No. 13 of 1997), hereby make the following regulations with respect to which, pursuant to section 3(3) of that Act, a draft has been laid before each House of the Oireachtas and a resolution approving of the draft has been passed by each such House:
1. These Regulations may be cited as the Freedom of Information Act, 1997 (Section 18) Regulations, 1998.
2. In these Regulations a reference to a section is a reference to that section of the Freedom of Information Act, 1997 (No.13 of 1997).
3. An application under section 18 shall be expressed to be made under that section.
4. A head shall cause the receipt by him or her of an application under section 18 to be notified to the applicant in the manner specified in section 7(2).
5. Where a public body receives either –
1. (a) an application which purports to be an application under section 18 but which is not in the proper form, or
2. (b) an application which does not purport to be an application under section 18 but which requests information access to which can be obtained only by way of an application under section 18,
the head shall assist, or offer to assist, the individual in the preparation of an application under that section.
6. In the case of a decision to refuse to grant an application under section 18 the notice under subsection (4) of that section in relation to the decision shall comply with section 8(2)(d).
this 22nd day of December, 1998.
L.S. CHARLIE McCREEVY, T.D., Minister for Finance.
(This note is not part of the Instrument and does not purport to be a legal interpretation.)
These Regulations provide similar arrangements for requesters in using section 18 of the Freedom of Information Act, 1997, as currently obtain when making a standard request for access to information under section 7 of the Act. The Regulations also provide for assistance to be given by public bodies to requesters when using the Act to obtain reasons for decisions taken that particularly affect them.