MANUAL UNDER SECTION 15 - Reference Book

2.1 Section 15 requires each public body to prepare and publish a manual setting out a general description of:

• structure and organisation
• functions, powers, duties
• services it provides for the public and how these may be availed of
• a general description of the rules and guidelines used in implementing its schemes and programmes (required to be published under section 16)
• classes of records held and the arrangements for enabling the public to access such records
• names and designations of members of the staff of the body responsible for carrying out these arrangements (unless the publication of this information could threaten the physical safety or well being of the person)
• rights of review and appeal against the decisions of the body (including rights of review under this Act)

2.2 Purpose of Manual

The central purpose of the manual is to assist the public in ascertaining the information held by each organisation and how to access it. The content, design and layout of the manual should therefore be determined by reference to this objective. To this end section 15(3) requires bodies to have regard to the needs of the public in ascertaining and exercising their rights when compiling the manual. Such manuals are a standard feature of FOI legislation in other jurisdictions.

Information on the functions, structure and services of public bodies incorporated into strategy statements under the SMI process can serve as a useful foundation for preparation of the manual.

2.3 Exempt Material

The section explicitly provides that the requirement to include certain information in the manual is subject to the protections outlined in Part III (exemptions) and section 46 (excluded matter). If, for example, reference to a particular file title or document reference would disclose the identity of a confidential source, such details may be exempt from the manual.


2.4 Publication Requirements for Manuals

The Act provides that the manual shall be "published" (which may include publication by electronic means) and made available for inspection and for removal or purchase at such places as the head of the body considers appropriate. The head is required to cause notice of such places to be published in such manner as he or she considers adequate. In keeping with the spirit of the Act, such manuals are available in public offices, public libraries and Citizen Information Centres.

Manuals of local authorities and health boards must also be made available to members of the relevant authority or board.

2.5 Revision of Manual

A Manual under section 15 should be available at the time that a public body comes within the scope of the Act. Thereafter, a revised version should be prepared at least every 3 years and as soon as possible after any significant alterations or additions fall to be made to the latest manual.

MANUAL UNDER SECTION 16 - Internal Rules and Guidelines

2.6 Under Section 16 of the Act, each public body must publish the following:

• rules, procedures, practices, guidelines and interpretations used by the body
• an index of any precedents kept by the body

which may be used in making decisions, determinations or recommendations under any enactment or scheme administered by the body, with respect to:

1. rights, privileges or benefits to which members of the public are or may be entitled
2. obligations, penalties or other sanctions to which members of the public are or may be subject

• information in relation to the manner or intended manner of administration of any scheme

2.7 Purpose of Publication of Internal Rules, Guidelines, etc.

The availability of such information is complementary to the general right of access. The objectives of this provision may be broadly summarised as:

• to assist the public in understanding more fully their rights and entitlements in relation to particular schemes
• to enhance public confidence in decision making
• to enable the quality and accuracy of the public body's interpretation and application of statutory provisions to be assessed

2.8 What are rules, guidelines, practices, etc.?

Rules, procedures, practices, guidelines and interpretations refer to a wide range of documents used by a public body in making a decision or recommendation affecting the rights of members of the public. It may include interpretation of legislation, staff circulars, manuals provided for the guidance of staff, statements of policy and decisions which operate as precedent.

Where public bodies have discretionary powers under legislation, it is intended that such discretion would be respected by this provision. They will, however, be required to identify such discretions and to outline the broad criteria by which such decisions are made.

2.9 Index of Precedents

Precedents refer to reasoned decisions previously made by public bodies which are used as standard interpretation in determining similar cases. By their nature, while some precedents will have general application to subsequent decisions, many will deal with very specific points of interpretation which may arise infrequently and only in respect of particular groups or narrow interests. For practical reasons therefore, public bodies are required to publish an index of these precedents only, alerting the public to their existence. In accordance with section 16(6), copies of precedents shall be made available on request.

2.10 Persons not to be Disadvantaged by Non-Publication

Section 16(3) provides that a person shall not be disadvantaged as a result of a public body failing to meet its requirements under this section i.e. if the material is not published or if the published material is incomplete or inaccurate. To avoid any misuse of this provision, it shall not apply where the public body can demonstrate that it has taken necessary action to fulfil its statutory obligations and bring the information to the notice of persons affected by it.

2.11 Publication Requirements for Internal Rules, Guidelines, etc.

As with the manuals, the Act provides that the internal rules and guidelines be "published" (which may include publication by electronic means) and made available for inspection and for removal or purchase at such places as the head of the body considers appropriate. The head is required to cause notice of such places to be published in such manner as he or she considers adequate. Again, in keeping with the spirit of the Act, such publications are available in public offices, public libraries and Citizen Information Centres.

The rules and guidelines of local authorities and health boards must also be made available to members of the relevant authority or board.

2.12 Exempt Material

Section 16(7) clarifies that information need not be published if it comes within an exemption in Part III (e.g. information likely to disclose the precise control or audit procedures used by a public body need not be disclosed) or an exclusion under section 46.

2.13 Revision of Manual

A publication under section 16 should be available at the time that a public body comes within the scope of the Act. Thereafter, a revised version should be prepared at least every 3 years and as soon as possible after any significant alterations or additions fall to be made to the latest manual.