1. Section 16 requires the preparation and publication of a manual setting out the rules, procedures, practices, guidelines and interpretations used by a public body, and an index of any precedents used for the purposes of decisions, recommendations etc. affecting members of the public, other than exempt matter.

2. Following consultation with the Office of the Attorney General as to the import of "members of the public" we are advised that the term means a natural person and does not include a body corporate, unless on the face of it, a matter dealing with a body corporate has a direct impact on members of the public. Strictly speaking therefore the FOI Act does not require routine preparation of section 16 material in relation to bodies corporate.

3. Departments have queried the situation regarding entities which are neither bodies corporate or, in a narrow sense, members of the public e.g. community groups, sole traders, or shareholders. In response the AG's suggest that departments should adopt a commonsense approach and there is no requirement to apply a rigid distinction between persons and bodies.

4. Following consultation on the matter the Information Commission designate has requested that departments be advised of the following:

• Corporate bodies and others will, arising from sections 6 and 18, be entitled to seek access to records regarding rules, procedures etc. post 21/4/98.
• Preparation of a comprehensive manual at this stage by departments will avoid the need, post 21 April 1998, of assembling such records within a twenty day period following an FOI request.
• Public bodies should seek, as far as possible, to honour the spirit as well as the letter of the FOI Act.

5. The CPU wishes to advise that practice abroad is to include the broadest possible range of relevant information in the section 16 manual. Departments/Offices may wish to consider such texts when preparing their own material.



2 December 1997