Freedom of Information Act 2000

Part VIIIU.K. Miscellaneous and supplemental

74 Power to make provision relating to environmental information.U.K.

(1)In this section “the Aarhus Convention” means the Convention on Access to Information, Public Participation in Decision-making and Access to Justice in Environmental Matters signed at Aarhus on 25th June 1998.

(2)For the purposes of this section “the information provisions” of the Aarhus Convention are Article 4, together with Articles 3 and 9 so far as relating to that Article.

(3)The Secretary of State may by regulations make such provision as he considers appropriate—

(a)for the purpose of implementing the information provisions of the Aarhus Convention or any amendment of those provisions made in accordance with Article 14 of the Convention, and

(b)for the purpose of dealing with matters arising out of or related to the implementation of those provisions or of any such amendment.

(4)Regulations under subsection (3) may in particular—

(a)enable charges to be made for making information available in accordance with the regulations,

(b)provide that any obligation imposed by the regulations in relation to the disclosure of information is to have effect notwithstanding any enactment or rule of law,

(c)make provision for the issue by the Secretary of State of a code of practice,

(d)provide for sections 47 and 48 to apply in relation to such a code with such modifications as may be specified,

(e)provide for any of the provisions of Parts IV and V to apply, with such modifications as may be specified in the regulations, in relation to compliance with any requirement of the regulations, and

(f)contain such transitional or consequential provision (including provision modifying any enactment) as the Secretary of State considers appropriate.

(5)This section has effect subject to section 80.

75 Power to amend or repeal enactments prohibiting disclosure of information.U.K.

(1)If, with respect to any enactment which prohibits the disclosure of information held by a public authority, it appears to the [F1Secretary of State] [F2or the [F3Minister for the Cabinet Office]] that by virtue of section 44(1)(a) the enactment is capable of preventing the disclosure of information under section 1, he may by order repeal or amend the enactment for the purpose of removing or relaxing the prohibition.

(2)In subsection (1)—

  • “enactment” means—

    (a)

    any enactment contained in an Act passed before or in the same Session as this Act, or

    (b)

    any enactment contained in Northern Ireland legislation or subordinate legislation passed or made before the passing of this Act;

  • “information” includes unrecorded information.

(3)An order under this section may do all or any of the following—

(a)make such modifications of enactments as, in the opinion of the [F1Secretary of State] [F4or the [F5Minister for the Cabinet Office]], are consequential upon, or incidental to, the amendment or repeal of the enactment containing the prohibition;

(b)contain such transitional provisions and savings as appear to the [F1Secretary of State] [F4or the [F5Minister for the Cabinet Office]] to be appropriate;

(c)make different provision for different cases.

Textual Amendments

Modifications etc. (not altering text)

C1S. 75(1) functions made exercisable concurrently (9.12.2015) by The Transfer of Functions (Information and Public Records) Order 2015 (S.I. 2015/1897), arts. 1(2), 3(1), (2)(d) (with art. 5)

76 Disclosure of information between Commissioner and ombudsmen.U.K.

(1)The Commissioner may disclose to a person specified in the first column of the Table below any information obtained by, or furnished to, the Commissioner under or for the purposes of this Act or the M1Data Protection Act 1998 if it appears to the Commissioner that the information relates to a matter which could be the subject of an investigation by that person under the enactment specified in relation to that person in the second column of that Table.

TABLE

OmbudsmanEnactment
The Parliamentary Commissioner for Administration.The Parliamentary Commissioner Act 1967 (c. 13).
The Health Service Commissioner for England.The Health Service Commissioners Act 1993 (c. 46).
F6. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .F6. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
[F7The Health Service Commissioner for Scotland.][F7The Health Service Commissioners Act 1993 (c. 46).]
A Local Commissioner as defined by section 23(3) of the Local Government Act 1974. The Scottish Public Services OmbudsmanPart III [F8or Part 3A] of the Local Government Act 1974 (c. 7).
[F9The Scottish Public Services OmbudsmanThe Scottish Public Services Ombudsman Act 2002 (asp 11)]
[F10The Commissioner for Local Administration in Scotland.][F10Part II of the Local Government (Scotland) Act 1975 (c. 30).]
[F10The Scottish Parliamentary Commissioner for Administration.][F10The Scotland Act 1998 (Transitory and Transitional Provisions)(Complaints of Maladministration) Order 1999 (S.I. 1999/1351).]
[F11The Public Services Ombudsman for WalesPart 2 of the Public Services Ombudsman (Wales) Act 2005]
F12. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .F12. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The Northern Ireland Commissioner for Complaints.The Commissioner for Complaints (Northern Ireland) Order 1996 (S.I. 1996/1297 (N.I. 7)).
The Assembly Ombudsman for Northern Ireland.The Ombudsman (Northern Ireland) Order 1996 (S.I. 1996/1298 (N.I. 8)).
[F13The Commissioner for Older People in WalesThe Commissioner for Older People (Wales) Act 2006]

(2)Schedule 7 (which contains amendments relating to information disclosed to ombudsmen under subsection (1) and to the disclosure of information by ombudsmen to the Commissioner) has effect.

Textual Amendments

F6S. 76(1): entry relating to Health Service Commisioner for Wales repealed (1.4.2006) by Public Services Ombudsman (Wales) Act 2005 (c. 10), ss. 39, 40, Sch. 6 para. 71(a), Sch. 7; S.I. 2005/2800, art. 5(1) (with art. 5(2), Sch. 2)

F8Words in s. 76 inserted (1.10.2010) by Health Act 2009 (c. 21), ss. 35, 40, Sch. 5 para. 14; S.I. 2010/1863, art. 2

F12S. 76(1): entry relating to Social Housing Ombudsman for Wales repealed (1.4.2006) by Public Services Ombudsman (Wales) Act 2005 (c. 10), ss. 39, 40, Sch. 6 para. 71(a), Sch. 7; S.I. 2005/2800, art. 5(1) (with art. 5(2), Sch. 2)

Modifications etc. (not altering text)

Marginal Citations

[F1476ADisclosure between Commissioner and Scottish Information CommissionerU.K.

The Commissioner may disclose to the Scottish Information Commissioner any information obtained or furnished as mentioned in section 76(1) of this Act if it appears to the Commissioner that the information is of the same type that could be obtained by, or furnished to, the Scottish Information Commissioner under or for the purposes of the Freedom of Information (Scotland) Act 2002.]

Textual Amendments

77 Offence of altering etc. records with intent to prevent disclosure.U.K.

(1)Where—

(a)a request for information has been made to a public authority, and

(b)under section 1 of this Act or section 7 of the M2Data Protection Act 1998, the applicant would have been entitled (subject to payment of any fee) to communication of any information in accordance with that section,

any person to whom this subsection applies is guilty of an offence if he alters, defaces, blocks, erases, destroys or conceals any record held by the public authority, with the intention of preventing the disclosure by that authority of all, or any part, of the information to the communication of which the applicant would have been entitled.

(2)Subsection (1) applies to the public authority and to any person who is employed by, is an officer of, or is subject to the direction of, the public authority.

(3)A person guilty of an offence under this section is liable on summary conviction to a fine not exceeding level 5 on the standard scale.

(4)No proceedings for an offence under this section shall be instituted—

(a)in England or Wales, except by the Commissioner or by or with the consent of the Director of Public Prosecutions;

(b)in Northern Ireland, except by the Commissioner or by or with the consent of the Director of Public Prosecutions for Northern Ireland.

Commencement Information

I1S. 77 wholly in force at 1.1.2005; s. 77 not in force at Royal Assent, see s. 87(3); s. 77 in force for certain purposes at 1.1.2005 by S.I. 2002/1909, art. 2 and otherwise in force at 1.1.2005 by S.I. 2004/3122, art. 2

Marginal Citations

78 Saving for existing powers.U.K.

Nothing in this Act is to be taken to limit the powers of a public authority to disclose information held by it.

79 Defamation.U.K.

Where any information communicated by a public authority to a person (“the applicant”) under section 1 was supplied to the public authority by a third person, the publication to the applicant of any defamatory matter contained in the information shall be privileged unless the publication is shown to have been made with malice.

80 Scotland.U.K.

(1)No order may be made under section 4(1) or 5 in relation to any of the bodies specified in subsection (2); and the power conferred by section 74(3) does not include power to make provision in relation to information held by any of those bodies.

(2)The bodies referred to in subsection (1) are—

(a)the Scottish Parliament,

(b)any part of the Scottish Administration,

(c)the Scottish Parliamentary Corporate Body, or

(d)any Scottish public authority with mixed functions or no reserved functions (within the meaning of the M3Scotland Act 1998).

[F15(3)Section 50 of the Copyright, Designs and Patents Act 1988 and paragraph 6 of Schedule 1 to the Copyright and Rights in Databases Regulations 1997 apply in relation to the Freedom of Information (Scotland) Act 2002 as they apply in relation to this Act.]

Textual Amendments

Marginal Citations

F1680AInformation held by Northern Ireland bodiesU.K.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

81 Application to government departments, etc.U.K.

(1)For the purposes of this Act each government department is to be treated as a person separate from any other government department.

(2)Subsection (1) does not enable—

(a)a government department which is not a Northern Ireland department to claim for the purposes of section 41(1)(b) that the disclosure of any information by it would constitute a breach of confidence actionable by any other government department (not being a Northern Ireland department), or

(b)a Northern Ireland department to claim for those purposes that the disclosure of information by it would constitute a breach of confidence actionable by any other Northern Ireland department.

(3)A government department [F17or the Welsh Assembly Government] is not liable to prosecution under this Act, but section 77 and paragraph 12 of Schedule 3 apply to a person in the public service of the Crown as they apply to any other person.

(4)The provisions specified in subsection (3) also apply to a person acting on behalf of either House of Parliament or on behalf of the Northern Ireland Assembly [F18or the National Assembly for Wales] as they apply to any other person.

Textual Amendments

F17Words in s. 81(3) inserted by The Government of Wales Act 2006 (Consequential Modifications and Transitional Provisions) Order 2007 (S.I. 2007/1388), art. 3, Sch. 1 para. 84(2) (the amendment coming into force immediately after the end of "the initial period" (which ended with the day of the first appointment of a First Minister on 25.5.2007) in accordance with art. 1(2)(3) of the amending S.I. and see ss. 46, 161(5) of Government of Wales Act 2006 (c. 32))

F18Words in s. 81(4) inserted by The Government of Wales Act 2006 (Consequential Modifications and Transitional Provisions) Order 2007 (S.I. 2007/1388), art. 3, Sch. 1 para. 84(3) (the amendment coming into force immediately after the end of "the initial period" (which ended with the day of the first appointment of a First Minister on 25.5.2007) in accordance with art. 1(2)(3) of the amending S.I. and see ss. 46, 161(5) of Government of Wales Act 2006 (c. 32))

82 Orders and regulations.U.K.

(1)Any power of the F19. . . Secretary of State [F20or the [F21Minister for the Cabinet Office]] to make an order or regulations under this Act shall be exercisable by statutory instrument.

(2)A statutory instrument containing (whether alone or with other provisions)—

(a)an order under section 5, 7(3) or (8), 53(1)(a)(iii) or 75, or

(b)regulations under section 10(4) or 74(3),

shall not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.

(3)A statutory instrument which contains (whether alone or with other provisions)—

(a)an order under section 4(1) [F22or 47(4B)], or

(b)regulations under any provision of this Act not specified in subsection (2)(b),

and which is not subject to the requirement in subsection (2) that a draft of the instrument be laid before and approved by a resolution of each House of Parliament, shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(4)An order under section 4(5) shall be laid before Parliament after being made.

(5)If a draft of an order under section 5 or 7(8) would, apart from this subsection, be treated for the purposes of the Standing Orders of either House of Parliament as a hybrid instrument, it shall proceed in that House as if it were not such an instrument.

Textual Amendments

F22Words in s. 82(3)(a) inserted (1.9.2013) by Protection of Freedoms Act 2012 (c. 9), ss. 107(4), 120 (with s. 97); S.I. 2013/1906, art. 3(d)

83 Meaning of “Welsh public authority”.U.K.

(1)In this Act “Welsh public authority” means—

(a)any public authority which is listed in Part II, III, IV or VI of Schedule 1 and whose functions are exercisable only or mainly in or as regards Wales, other than an excluded authority, or

[F23(b)any public authority which is—

(i)a subsidiary of the Welsh Ministers (as defined by section 134(4) of the Government of Wales Act 2006), or

(ii)a subsidiary of the Assembly Commission (as defined by section 139(4) of that Act).]

(2)In paragraph (a) of subsection (1) “excluded authority” means a public authority which is designated by the [F24Secretary of State] [F25or the [F26Minister for the Cabinet Office]] by order as an excluded authority for the purposes of that paragraph.

(3)Before making an order under subsection (2), the [F24Secretary of State] [F27or the [F28Minister for the Cabinet Office]] shall consult [F29the First Minister for Wales].

Textual Amendments

F23S. 83(1)(b) substituted by The Government of Wales Act 2006 (Consequential Modifications and Transitional Provisions) Order 2007 (S.I. 2007/1388), art. 3, Sch. 1 para. 85(2) (the amendment coming into force immediately after the end of "the initial period" (which ended with the day of the first appointment of a First Minister on 25.5.2007) in accordance with art. 1(2)(3) of the amending S.I. and see ss. 46, 161(5) of Government of Wales Act 2006 (c. 32))

F29Words in s. 83(3) substituted by The Government of Wales Act 2006 (Consequential Modifications and Transitional Provisions) Order 2007 (S.I. 2007/1388), art. 3, Sch. 1 para. 85(3) (the amendment coming into force immediately after the end of "the initial period" (which ended with the day of the first appointment of a First Minister on 25.5.2007) in accordance with art. 1(2)(3) of the amending S.I. and see ss. 46, 161(5) of Government of Wales Act 2006 (c. 32))

Modifications etc. (not altering text)

C3S. 83(2)(3) functions made exercisable concurrently (9.12.2015) by The Transfer of Functions (Information and Public Records) Order 2015 (S.I. 2015/1897), arts. 1(2), 3(1), (2)(e) (with art. 5)

84 Interpretation.U.K.

In this Act, unless the context otherwise requires—

  • “applicant”, in relation to a request for information, means the person who made the request;

  • “appropriate Northern Ireland Minister” means the Northern Ireland Minister in charge of the Department of Culture, Arts and Leisure in Northern Ireland;

  • “appropriate records authority”, in relation to a transferred public record, has the meaning given by section 15(5);

  • “body” includes an unincorporated association;

  • F30...

  • “the Commissioner” means the Information Commissioner;

  • [F31“dataset” has the meaning given by section 11(5); ]

  • “decision notice” has the meaning given by section 50;

  • “the duty to confirm or deny” has the meaning given by section 1(6);

  • “enactment” includes an enactment contained in Northern Ireland legislation;

  • “enforcement notice” has the meaning given by section 52;

  • F32. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

  • “exempt information” means information which is exempt information by virtue of any provision of Part II;

  • “fees notice” has the meaning given by section 9(1);

  • “government department” includes a Northern Ireland department F33. . . and any other body or authority exercising statutory functions on behalf of the Crown, but does not include—

    (a)

    any of the bodies specified in section 80(2),

    (b)

    the Security Service, the Secret Intelligence Service or the Government Communications Headquarters, F34...

    (ba)

    [F35the National Crime Agency, or]

    (c)

    [F36the Welsh Assembly Government]

  • “information” (subject to sections 51(8) and 75(2)) means information recorded in any form;

  • “information notice” has the meaning given by section 51;

  • “Minister of the Crown” has the same meaning as in the Ministers of the M4Crown Act 1975;

  • “Northern Ireland Minister” includes the First Minister and deputy First Minister in Northern Ireland;

  • “Northern Ireland public authority” means any public authority, other than the Northern Ireland Assembly or a Northern Ireland department, whose functions are exercisable only or mainly in or as regards Northern Ireland and relate only or mainly to transferred matters;

  • “prescribed” means prescribed by regulations made by the [F37Minister for the Cabinet Office];

  • “public authority” has the meaning given by section 3(1);

  • “public record” means a public record within the meaning of the M5Public Records Act 1958 or a public record to which the M6Public Records Act (Northern Ireland) 1923 applies;

  • “publication scheme” has the meaning given by section 19;

  • “request for information” has the meaning given by section 8;

  • “responsible authority”, in relation to a transferred public record, has the meaning given by section 15(5);

  • “the special forces” means those units of the armed forces of the Crown the maintenance of whose capabilities is the responsibility of the Director of Special Forces or which are for the time being subject to the operational command of that Director;

  • “subordinate legislation” has the meaning given by subsection (1) of section 21 of the M7Interpretation Act 1978, except that the definition of that term in that subsection shall have effect as if “Act” included Northern Ireland legislation;

  • “transferred matter”, in relation to Northern Ireland, has the meaning given by section 4(1) of the M8Northern Ireland Act 1998;

  • “transferred public record” has the meaning given by section 15(4);

  • [F38“the Tribunal”, in relation to any appeal under this Act, means—

    (a)

    the Upper Tribunal, in any case where it is determined by or under Tribunal Procedure Rules that the Upper Tribunal is to hear the appeal; or

    (b)

    the First-tier Tribunal, in any other case;]

  • “Welsh public authority” has the meaning given by section 83.

Textual Amendments

F32S. 84: definition of "executive committee" omitted by virtue of The Government of Wales Act 2006 (Consequential Modifications and Transitional Provisions) Order 2007 (S.I. 2007/1388), art. 3, Sch. 1 para. 86(2) (the amendment coming into force immediately after the end of "the initial period" (which ended with the day of the first appointment of a First Minister on 25.5.2007) in accordance with art. 1(2)(3) of the amending S.I. and see ss. 46, 161(5) of Government of Wales Act 2006 (c. 32))

F33Words in s. 84 omitted (N.I.) (12.4.2010) by virtue of The Northern Ireland (Abolition and Transfer of Functions) Order (Northern Ireland) 2010 (S.R. 2010/133), art. 4, Sch. para. 7 (with transitional provision in art. 5)

F36S. 84: in definition of "government department" para. (c) substituted by The Government of Wales Act 2006 (Consequential Modifications and Transitional Provisions) Order 2007 (S.I. 2007/1388), art. 3, Sch. 1 para. 86(3) (the amendment coming into force immediately after the end of "the initial period" (which ended with the day of the first appointment of a First Minister on 25.5.2007) in accordance with art. 1(2)(3) of the amending S.I. and see ss. 46, 161(5) of Government of Wales Act 2006 (c. 32))

F38S. 84: definition of "the Tribunal" substituted (18.1.2010) by The Transfer of Tribunal Functions Order 2010 (S.I. 2010/22), arts. 1(1), 5(1), Sch. 2 para. 71

Marginal Citations

85 Expenses.U.K.

There shall be paid out of money provided by Parliament—

(a)any increase attributable to this Act in the expenses of the [F39Secretary of State] in respect of the Commissioner, the Tribunal or the members of the Tribunal,

(b)any administrative expenses of the [F39Secretary of State] [F40or the [F41Minister for the Cabinet Office]] attributable to this Act,

(c)any other expenses incurred in consequence of this Act by a Minister of the Crown or government department or by either House of Parliament, and

(d)any increase attributable to this Act in the sums which under any other Act are payable out of money so provided.

Textual Amendments

86 Repeals.U.K.

Schedule 8 (repeals) has effect.

Commencement Information

I2S. 86 wholly in force at 1.1.2005; s. 86 in force for certain purposes at 30.11.2000 and in force for certain further purposes at 1.1.2001 see s. 87(1)(2); otherwise in force at 1.1.2005 by S.I. 2004/3122, art. 2

87 Commencement.U.K.

(1)The following provisions of this Act shall come into force on the day on which this Act is passed—

(a)sections 3 to 8 and Schedule 1,

(b)section 19 so far as relating to the approval of publication schemes,

(c)section 20 so far as relating to the approval and preparation by the Commissioner of model publication schemes,

(d)section 47(2) to (6),

(e)section 49,

(f)section 74,

(g)section 75,

(h)sections 78 to 85 and this section,

(i)paragraphs 2 and 17 to 22 of Schedule 2 (and section 18(4) so far as relating to those paragraphs),

(j)paragraph 4 of Schedule 5 (and section 67 so far as relating to that paragraph),

(k)paragraph 8 of Schedule 6 (and section 73 so far as relating to that paragraph),

(l)Part I of Schedule 8 (and section 86 so far as relating to that Part), and

(m)so much of any other provision of this Act as confers power to make any order, regulations or code of practice.

(2)The following provisions of this Act shall come into force at the end of the period of two months beginning with the day on which this Act is passed—

(a)section 18(1),

(b)section 76 and Schedule 7,

(c)paragraphs 1(1), 3(1), 4, 6, 7, 8(2), 9(2), 10(a), 13(1) and (2), 14(a) and 15(1) and (2) of Schedule 2 (and section 18(4) so far as relating to those provisions), and

(d)Part II of Schedule 8 (and section 86 so far as relating to that Part).

(3)Except as provided by subsections (1) and (2), this Act shall come into force at the end of the period of five years beginning with the day on which this Act is passed or on such day before the end of that period as the [F42Secretary of State] may by order appoint; and different days may be appointed for different purposes.

(4)An order under subsection (3) may contain such transitional provisions and savings (including provisions capable of having effect after the end of the period referred to in that subsection) as the [F42Secretary of State] considers appropriate.

(5)During the twelve months beginning with the day on which this Act is passed, and during each subsequent complete period of twelve months in the period beginning with that day and ending with the first day on which all the provisions of this Act are fully in force, the [F42Secretary of State] shall—

(a)prepare a report on his proposals for bringing fully into force those provisions of this Act which are not yet fully in force, and

(b)lay a copy of the report before each House of Parliament.

Subordinate Legislation Made

P1S. 87(3) power partly exercised: 14.5.2001 appointed for specified provisions by S.I. 2001/1637, art. 2

S. 87(3) power partly exercised: different dates appointed for specified provisions by {S.I. 2002/2812}, arts. 2-5, Schs. 1-3 (as amended (1.4.2006) by S.I. 2005/3239, art. 9(2), Sch. 2 para. 8, S.I. 2006/63, art. 3(2)(b) and S.I. 2006/64, art. 3(2)(b))

S. 87(3) power partly exercised: different dates appointed for specified provisions by {S.I. 2003/2603}, arts. 2-4, Sch. 1

S. 87(3) power partly exercised: 1.1.2005 appointed for specified provisions by {S.I. 2004/1909}, art. 2

S. 87(3) power fully exercised: 1.1.2005 appointed by {S.I. 2004/3122}, art. 2

Textual Amendments

88 Short title and extent.U.K.

(1)This Act may be cited as the Freedom of Information Act 2000.

(2)Subject to subsection (3), this Act extends to Northern Ireland.

(3)The amendment or repeal of any enactment by this Act has the same extent as that enactment.