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”.