SCHEDULECONSEQUENTIAL AMENDMENTS
Freedom of Information Act 2000 (c. 36)I12
1
The Freedom of Information Act 200026 is amended as follows.
2
In the following provisions after “Secretary of State” in each place insert “or the Chancellor of the Duchy”—
a
section 4(1), (5) and (7) (amendment of Schedule 1),
b
section 5(1) and (3) (further power to designate public authorities),
c
section 7(3), (4) and (8) (public authorities to which the Act has limited application),
d
section 75(1) and (3) (power to amend or repeal enactments prohibiting disclosure of information),
e
section 82(1)27 (power to make regulations or order under Act exercisable by statutory instrument),
f
section 83(2) and (3) (designation of public authorities as excluded from definition of Welsh public authority), and
g
section 85(b) (expenses payable out of money provided by Parliament).
3
In the following provisions for “Secretary of State” in each place substitute “Chancellor of the Duchy”—
a
section 9(3) (power to make regulations about fees for requests for information),
b
section 10(4) (power to make regulations amending time for compliance with request),
c
section 11A(8) (in the definition of “the specified licence”) (power, in code of practice issued under section 45, to specify different licences for different purposes),
d
section 11B(1) (regulations about fees for making relevant copyright works available for re-use),
e
section 12(4) and (5) (regulations about costs of complying with requests),
f
section 13(1) (regulations about fees for disclosing information where cost of compliance with request exceeds appropriate limit),
g
section 45(1), (4) and (5) (code of practice giving public authorities guidance in connection with discharge of functions under Part 1 of Act),
h
section 46(5)(a) (requirement to be consulted in relation to code of practice issued under section 46),
i
section 47(4B) to (4D) (amendment of list of services for which Information Commissioner may charge),
j
section 53(1)(a)(iii) and (5) (power to designate public authorities for purposes of exemption from duty to comply with decision notice or enforcement notice), and
k
section 8428 (in the definition of “prescribed”) (interpretation of Act).
4
In section 84, at the appropriate place insert—
““the Chancellor of the Duchy” means the Chancellor of the Duchy of Lancaster;”.
5
In the following provisions, for “Lord Chancellor” in each place substitute “Secretary of State”—
a
section 15(4)(b) and (5) (in each place) (definitions relating to public records transferred to Public Record Office),
b
section 46(1), (3), (5) and (6) (code of practice providing guidance in connection with keeping, management and destruction of records),
c
the heading of section 46,
d
section 65(1)(a) (requirement to be consulted about proposal to refuse request for information contained in a historical record), and
e
section 66(5)(a) (requirement to be consulted about whether public interest exemption applies to information contained in a transferred public record).
6
In the heading of Part 3, for “Lord Chancellor” substitute “Chancellor of the Duchy, Secretary of State”.
7
In the heading of section 45, after “code of practice” insert “by Chancellor of the Duchy”.