The CIPFA Pensions Panel and the Local Authority Pension Fund Forum (LAPFF) have drafted this practical guidance relating to the Freedom of Information Act.
Since the Act came into force on 1 January 2005, many LAPFF member pension funds have received requests for information under the provisions of the Act. In responding to the requests, the LAPFF members have felt it important that all local authority pension funds should be adopting a consistent approach in dealing with the same requests for information. In many instances it can be difficult for pension funds to assess whether certain types of requests for information should be exempt, due to the complicated nature of the provisions of the Act and their interpretation. In this regard, the guidance note should be of immense value for all local authority pension funds when looking to deal with requests for information under the Act. This guidance applies only to England and Wales, Scotland is subject to its own similar legislation.
This document must be treated as a guidance note. There is no strict legal definition as to whether an exemption applies or not to a request for information, and it is a matter for interpretation and opinion. If a dispute arises between the applicant and the respondent relating to information requested but not disclosed, the ultimate decision on whether an exemption applies to a specific request for information will rest with the Information Commissioner.
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