Freedom of Information Act 2014 (Sections 9(6), 10(6) and 37(8)) Regulations 2016.
Statutory Instruments
Source: Statutory Instruments

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paragraphs: These Regulations may be cited as the Freedom of Information Act 2014 (Sections 9(6), 10(6) and 37(8)) Regulations 2016.
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paragraphs: In these Regulations, a reference to a section is a reference to that section of the Freedom of Information Act 2014 (No. 30 of 2014).
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paragraphs: (1) Each of the following—
(a) the Freedom of Information Act 1997 (Section 17(6)) Regulations 2009 ( S.I. No. 385 of 2009 ), referred to in these Regulations as the “First 2009 Regulations”, and
(b) the Freedom of Information Act 1997 (Section 18(5A)) Regulations 2009 ( S.I. No. 386 of 2009 ), referred to in these Regulations as the “Second 2009 Regulations”,
(2) Any action commenced under the First 2009 Regulations or the Second 2009 Regulations shall continue to be performed and shall be completed after the commencement of these Regulations as if the First 2009 Regulations or, as the case may be, the Second 2009 Regulations, had not been revoked.
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paragraphs: Notwithstanding subsection (1) of section 9, an application under that section may be made to amend a record that includes personal information which is incomplete, incorrect or misleading and shall, subject to the other provisions of the Freedom of Information Act 2014 , be granted if the case either is one—
(a) to which Regulation 6 applies and, in addition, the condition specified in Regulation 7 is satisfied, or
(b) to which Regulation 8 applies.
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paragraphs: Notwithstanding subsection (1) of section 10, an application under that section may be made where the applicant is a parent or guardian of a person referred to in that subsection and shall, subject to the other provisions of the Freedom of Information Act 2014 , be granted if the case either is one—
(a) to which Regulation 6 applies and, in addition, the condition specified in Regulation 7 is satisfied, or
(b) to which Regulation 8 applies.
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paragraphs: (1) In this Regulation a reference to the individual is a reference to, as the case may be—
(a) the individual to whom the information in the record concerned referred to in section 9(1) relates; or
(b) the person affected by an act of an FOI body, and having a material interest in a matter affected by that act or to which it relates, as referred to in section 10(1).
(2) This Regulation applies to a case in which the applicant is a parent or guardian of the individual and that individual belongs to one of the following classes of individual:
(a) individuals who, on the date of the application, have not attained full age, or
(b) individuals who have attained full age, being individuals who—
(i) at the time of the application have, or are subject to, a psychiatric condition, mental incapacity or severe physical disability, the incidence and nature of which are certified by a registered medical practitioner, and
(ii) by reason of that condition, incapacity or disability, are incapable of exercising their rights under the Freedom of Information Act 2014 .
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paragraphs: The condition referred to in Regulation 4(a) or 5(a), as the case may be, is that the individual specified in Regulation 6 is an individual as respects whom the granting of the application would, in the opinion of the head having regard to all the circumstances, be in the individuals best interests.
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paragraphs: This Regulation applies to a case in which the individual (as that expression is to be construed in accordance with Regulation 6(1)) is dead and either—
(a) the applicant concerned belongs to one of the following classes:
(i) a personal representative of the individual acting in due course of administration of the individuals estate or any person acting with the consent of a personal representative so acting, or
(ii) a person on whom a function is conferred by law in relation to the individual or his or her estate acting in the course of the performance of the function, or
(b) the applicant is the spouse or the next of kin of the individual and, in the opinion of the head having regard to all the circumstances, the public interest, including the public interest in the confidentiality of personal information, would on balance be better served by granting than by refusing to grant the application.
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paragraphs: For the purposes of Regulation 8:
(a) issue,
(b) parent,
(c) brother or sister,
(d) niece or nephew, or
(e) any other person standing nearest in blood relationship to the deceased individual in accordance with section 71(2) of the Succession Act 1965 (No. 27 of 1965),
(a) a party to a marriage that has been dissolved, being a dissolution that is recognised as valid in the State, and a person who is living apart from his or her spouse pursuant to a deed of separation;
(b) a man or woman who was not married to, but cohabited as a spouse with, the deceased individual; and
(c) a civil partner within the meaning of the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 (No. 24 of 2010).
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paragraphs: For the purposes of the definition of “next of kin” in Regulation 9:
(a) in a case in which, but for this Regulation, 2 or more paragraphs of that definition would be applicable, the paragraph of them that (alphabetically) is the first in order shall alone be regarded as being applicable; and
(b) as regards the paragraph of that definition that is applicable in the particular case, if 2 or more persons fall within that paragraph, each of them shall be regarded as next of kin of the particular individual.
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paragraphs: The Freedom of Information Act 2014 (Section 37(8)) Regulations 2016 ( S.I. No. 218 of 2016 ) are amended by substituting for Regulation 9 the following:
“9.For the purposes of the definition of “next of kin” in Regulation 8:
(a) in a case in which, but for this Regulation, 2 or more paragraphs of that definition would be applicable, the paragraph of them that (alphabetically) is the first in order shall alone be regarded as being applicable; and
(b) as regards the paragraph of that definition that is applicable in the particular case, if 2 or more persons fall within that paragraph, each of them shall be regarded as next of kin of the particular individual.”.