C25

Person holding record under section excluded from requirement to refuse an FOI request (14.10.2014) by Freedom of Information Act 2014 (30/2014), s. 41(1)(a) and sch. 3 part 1, commenced on enactment.

Enactments relating to non-disclosure of records.

41.—(1) A head shall refuse to grant an FOI request if—

(a) the disclosure of the record concerned is prohibited by law of the European Union or any enactment (other than a provision specified in column (3) of Part 1 or 2 of Schedule 3 of an enactment specified in that Schedule), or

...

SCHEDULE 3

Enactments Excluded from Application of Section 41

PART I

Statutes

...
No. 6 of 1987	Air Pollution Act 1987	Section 16(4).
...	...	...

C26

Application of section modified (27.05.1996) by Environmental Protection Agency (Extension of Powers) Order 1996 (S.I. No. 126 of 1996), art. 10, in effect as per art. 2.

10. The provisions of the Act of 1987 which are specified in the Table hereunder as modified by this Order shall apply (subject to any qualification included in the Table) to the Agency in lieu of the local authority for the purposes of the prevention or limitation, or the remedying of the effects, as the case may be, of air pollution from an activity, other than an activity to which section 99 (2) of the Act applies, in respect of which a licence or revised licence under Part IV of the Act is in force.

Table

Air Pollution Act 1987

Section	Provision or Qualification
7	Subsection (1) for the purpose of the appointment of "authorised persons".
11	The whole section.
12	The whole section.
13	Subsections (1), (3) and (4).
14	The whole section.
15	The whole section.
16	Paragraphs (a) and (b) of subsection (1) and subsections (2), (3) and (4).
24	The whole section.
26	The whole section.
28	Subsections (4) and (6).
54	Subsections (1), (2), (3) and (4).

11. For the purposes of article 10, a function conferred on a local authority or anything required to be done in relation to a local authority under any of the provisions of the Act of 1987 specified in that article, shall, as the case may be, be exercised by, or done in relation to, the Agency in lieu of the local authority.

12. (1) For the purposes of articles 10 and 11, for references to "local authority" in any of the provisions therein referred to (other than section 13 (1) (b) of the Act of 1987) there shall be substituted the following—

"the Environmental Protection Agency, in the case of an activity in respect of which a licence or revised licence under Part IV of the Environmental Protection Agency Act, 1992, is in force, and, in any other case, a local authority",

and cognate words shall be construed accordingly.

(2) For the purposes of articles 10 and 11, the provisions of the Act of 1987 which are specified in the said articles shall apply as modified in the manner set out in the Second Schedule.

SECOND SCHEDULE

Modifications of the Air Pollution Act, 1987

The provisions of the Air Pollution Act, 1987 as modified for the purposes of article 12 (2) are set out as follows—

… (none relevant to this section)

C27

Application of section modified (1.08.1994) by Environmental Protection Agency (Extension of Powers) Order 1994 (S.I. No. 206 of 1994), art 10, in effect as per art. 2.

10. The provisions of the Act of 1987 which are specified in the Table hereunder as modified by this Order shall apply (subject to any qualification included in the Table) to the Agency in lieu of the local authority for the purposes of the prevention or limitation, or the remedying of the effects, as the case may be, of air pollution from an activity, other than an activity to which section 99 (2) of the Act applies, in respect of which a licence or revised licence under Part IV of the Act is in force.

Table

Air Pollution Act 1987

Section	Provision
7	Subsection (1) for the purpose of the appointment of "authorised persons".
11	The whole section
12	The whole section
13	Subsections (1), (3) and (4).
14	The whole section
15	The whole section
16	Paragraphs (a) and (b) of subsection (1) and subsections (2), (3) and (4).
24	The whole section
26	The whole section
28	The whole section
28A	Subsections (4) and (6).
54	Subsections (1), (2), (3) and (4).

11. For the purposes of article 10, a function conferred on a local authority or anything required to be done in relation to a local authority under any of the provisions of the Act of 1987 specified in that article, shall, as the case may be, be exercised by, or done in relation to, the Agency in lieu of the local authority.

12. (1) For the purposes of articles 10 and 11, for references to "local authority" in any of the provisions therein referred to (other than section 13 (1) (b) of the Act of 1987) there shall be substituted the following—

"the Environmental Protection Agency, in the case of an activity in respect of which a licence or revised licence under Part IV of the Environmental Protection Agency Act, 1992, is in force, and, in any other case, a local authority",

and cognate words shall be construed accordingly.

(2) For the purposes of articles 10 and 11, the provisions of the Act of 1987 which are specified in the said articles shall apply as modified in the manner set out in the Second Schedule.

SECOND SCHEDULE

Modifications of the Air Pollution Act, 1987

The provisions of the Air Pollution Act, 1987 as modified for the purposes of article 12 (2) are set out as follows—

… (none relevant to this section).