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Freedom of Information (Scotland) Act 2002
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Freedom of Information (Scotland) Act 2002, Section 44 is up to date with all changes known to be in force on or before 24 January 2025. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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Changes and effects yet to be applied to Section 44:
- sch. 1 para. 74A inserted by 2023 asp 6 sch. 2 para. 2(2)
- sch. 1 para. 107 inserted by 2024 asp 13 sch. para. 2(2)
Changes and effects yet to be applied to the whole Act associated Parts and Chapters:
Whole provisions yet to be inserted into this Act (including any effects on those provisions):
- sch. 1 para. 74A inserted by 2023 asp 6 sch. 2 para. 2(2)
- sch. 1 para. 107 inserted by 2024 asp 13 sch. para. 2(2)
44 Recommendations as to good practiceS
This section has no associated Explanatory Notes
(1)If it appears to the Commissioner that the practice of a Scottish public authority in relation to the exercise of its functions under this Act does not conform with the code of practice issued under section 60 or 61, the Commissioner may give the authority a recommendation (in this Act referred to as a “practice recommendation”).
(2)A practice recommendation must—
(a)be in writing and specify the code and the provisions of that code with which, in the Commissioner’s opinion, the authority’s practice does not conform; and
(b)specify the steps which that officer considers the authority ought to take in order to conform.
(3)The Commissioner must consult the Keeper of the Records of Scotland before giving a practice recommendation to a Scottish public authority (other than the Keeper) in relation to conformity with the code of practice issued under section 61.
Modifications etc. (not altering text)
C1S. 44 applied (with modifications) (1.1.2005) by The Environmental Information (Scotland) Regulations 2004 (S.S.I. 2004/520), reg 18(5)(6) (with reg. 3)
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