http://www.legislation.gov.uk/id/ukpga/2000/36

Part I Access to information held by public authorities

Right to information

1 General right of access to information held by public authorities.

1

Any person making a request for information to a public authority is entitled—

a

to be informed in writing by the public authority whether it holds information of the description specified in the request, and

b

if that is the case, to have that information communicated to him.

For the purposes of this section, the following provisions of Part II (and no others) are to be regarded as conferring absolute exemption—

a

section 21,

b

section 23,

c

section 32,

d

section 34,

e

section 36 so far as relating to information held by the House of Commons or the House of Lords,

F1ea

in section 37, paragraphs (a) to (ab) of subsection (1), and subsection (2) so far as relating to those paragraphs,

f

in section 40—

i

subsection (1), and

ii

subsection (2) so far as relating to cases where the first condition referred to in that subsection is satisfied by virtue of subsection (3)(a)(i) or (b) of that section,

g

section 41, and

h

section 44.

C1 C23 Public authorities.

1

In this Act “public authority” means—

a

subject to section 4(4), any body which, any other person who, or the holder of any office which—

i

is listed in Schedule 1, or

ii

is designated by order under section 5, or

C3 C4b

a publicly-owned company as defined by section 6.

C272

For the purposes of this Act, information is held by a public authority if—

a

it is held by the authority, otherwise than on behalf of another person, or

C5 C6 C7b

it is held by another person on behalf of the authority.

the holder of an office whose functions are exercisable only or mainly in or as regards Wales,

consult F5the Welsh Ministers, and

b

if the order relates to a body which, or the holder of any office who, if the order were made, would be a Northern Ireland public authority, consult the First Minister and deputy First Minister in Northern Ireland.

8

This section has effect subject to section 80.

9

In this section “Minister of the Crown” includes a Northern Ireland Minister.

5 Further power to designate public authorities.

1

The F6Secretary of State may by order designate as a public authority for the purposes of this Act any person who is neither listed in Schedule 1 nor capable of being added to that Schedule by an order under section 4(1), but who—

a

appears to the Secretary of State to exercise functions of a public nature, or

b

is providing under a contract made with a public authority any service whose provision is a function of that authority.

2

An order under this section may designate a specified person or office or persons or offices falling within a specified description.

3

Before making an order under this section, the F6Secretary of State shall consult every person to whom the order relates, or persons appearing to him to represent such persons.

4

This section has effect subject to section 80.

In subsection (7) “excluded information”, in relation to a publicly-owned company, means information which is of a description specified in relation to that company in an order made by the F7Secretary of State for the purposes of this subsection.

9

In this section “publicly-owned company” has the meaning given by section 6.

8 Request for information.

1

In this Act any reference to a “request for information” is a reference to such a request which—

a

is in writing,

b

states the name of the applicant and an address for correspondence, and

c

describes the information requested.

2

For the purposes of subsection (1)(a), a request is to be treated as made in writing where the text of the request—

a

is transmitted by electronic means,

b

is received in legible form, and

c

is capable of being used for subsequent reference.

I19 Fees.

1

A public authority to whom a request for information is made may, within the period for complying with section 1(1), give the applicant a notice in writing (in this Act referred to as a “fees notice”) stating that a fee of an amount specified in the notice is to be charged by the authority for complying with section 1(1).

2

Where a fees notice has been given to the applicant, the public authority is not obliged to comply with section 1(1) unless the fee is paid within the period of three months beginning with the day on which the fees notice is given to the applicant.

3

Subject to subsection (5), any fee under this section must be determined by the public authority in accordance with regulations made by the F9Secretary of State.

4

Regulations under subsection (3) may, in particular, provide—

confer a discretion on the Commissioner.

6

In this section—

“the date of receipt” means—
1. a
  the day on which the public authority receives the request for information, or
2. b
  if later, the day on which it receives the information referred to in section 1(3);
“working day” means any day other than a Saturday, a Sunday, Christmas Day, Good Friday or a day which is a bank holiday under the M1Banking and Financial Dealings Act 1971 in any part of the United Kingdom.

11 Means by which communication to be made.

1

Where, on making his request for information, the applicant expresses a preference for communication by any one or more of the following means, namely—

a

the provision to the applicant of a copy of the information in permanent form or in another form acceptable to the applicant,

b

the provision to the applicant of a reasonable opportunity to inspect a record containing the information, and

c

the provision to the applicant of a digest or summary of the information in permanent form or in another form acceptable to the applicant,

the public authority shall so far as reasonably practicable give effect to that preference.

F911A

Where—

a

an applicant makes a request for information to a public authority in respect of information that is, or forms part of, a dataset held by the public authority, and

b

on making the request for information, the applicant expresses a preference for communication by means of the provision to the applicant of a copy of the information in electronic form,

the public authority must, so far as reasonably practicable, provide the information to the applicant in an electronic form which is capable of re-use.

2

In determining for the purposes of this section whether it is reasonably practicable to communicate information by particular means, the public authority may have regard to all the circumstances, including the cost of doing so.

3

Where the public authority determines that it is not reasonably practicable to comply with any preference expressed by the applicant in making his request, the authority shall notify the applicant of the reasons for its determination.

4

Subject to F93subsections (1) and (1A), a public authority may comply with a request by communicating information by any means which are reasonable in the circumstances.

F925

In this Act “dataset” means information comprising a collection of information held in electronic form where all or most of the information in the collection—

a

has been obtained or recorded for the purpose of providing a public authority with information in connection with the provision of a service by the authority or the carrying out of any other function of the authority,

b

is factual information which—

i

is not the product of analysis or interpretation other than calculation, and

ii

is not an official statistic (within the meaning given by section 6(1) of the Statistics and Registration Service Act 2007), and

c

remains presented in a way that (except for the purpose of forming part of the collection) has not been organised, adapted or otherwise materially altered since it was obtained or recorded.

11AF85Release of datasets for re-use

1

This section applies where—

a

a person makes a request for information to a public authority in respect of information that is, or forms part of, a dataset held by the authority,

b

any of the dataset or part of a dataset so requested is a relevant copyright work,

c

the public authority is the only owner of the relevant copyright work, and

d

the public authority is communicating the relevant copyright work to the applicant in accordance with this Act.

F1081A

But if the whole of the relevant copyright work is a document to which the Re-use of Public Sector Information Regulations 2015 apply, this section does not apply to the relevant copyright work.

1B

If part of the relevant copyright work is a document to which those Regulations apply—

a

this section does not apply to that part, but

b

this section does apply to the part to which the Regulations do not apply (and references in the following provisions of this section to the relevant copyright work are to be read as references to that part).

2

When communicating the relevant copyright work to the applicant, the public authority must make the relevant copyright work available for re-use by the applicant in accordance with the terms of the specified licence.

3

The public authority may exercise any power that it has by virtue of regulations under section 11B to charge a fee in connection with making the relevant copyright work available for re-use in accordance with subsection (2).

4

Nothing in this section or section 11B prevents a public authority which is subject to a duty under subsection (2) from exercising any power that it has by or under an enactment other than this Act to charge a fee in connection with making the relevant copyright work available for re-use.

5

Where a public authority intends to charge a fee (whether in accordance with regulations under section 11B or as mentioned in subsection (4)) in connection with making a relevant copyright work available for re-use by an applicant, the authority must give the applicant a notice in writing (in this section referred to as a “ re-use fee notice ”) stating that a fee of an amount specified in, or determined in accordance with, the notice is to be charged by the authority in connection with complying with subsection (2).

6

Where a re-use fee notice has been given to the applicant, the public authority is not obliged to comply with subsection (2) while any part of the fee which is required to be paid is unpaid.

7

Where a public authority intends to charge a fee as mentioned in subsection (4), the re-use fee notice may be combined with any other notice which is to be given under the power which enables the fee to be charged.

8

In this section—

“ copyright owner ” has the meaning given by Part 1 of the Copyright, Designs and Patents Act 1988 (see section 173 of that Act);
“ copyright work ” has the meaning given by Part 1 of the Act of 1988 (see section 1(2) of that Act);
“ database ” has the meaning given by section 3A of the Act of 1988;
“ database right ” has the same meaning as in Part 3 of the Copyright and Rights in Databases Regulations 1997 ( S.I. 1997/3032);
“ owner ”, in relation to a relevant copyright work, means—
1. a
  the copyright owner, or
2. b
  the owner of the database right in the database;
“ relevant copyright work ” means—
1. a
  a copyright work, or
2. b
  a database subject to a database right,
but excludes a relevant Crown work or a relevant Parliamentary work;
“ relevant Crown work ” means—
1. a
  a copyright work in relation to which the Crown is the copyright owner, or
2. b
  a database in relation to which the Crown is the owner of the database right;
“ relevant Parliamentary work ” means—
1. a
  a copyright work in relation to which the House of Commons or the House of Lords is the copyright owner, or
2. b
  a database in relation to which the House of Commons or the House of Lords is the owner of the database right;
“the specified licence” is the licence specified by the Secretary of State in a code of practice issued under section 45, and the Secretary of State may specify different licences for different purposes.

11BPower to charge fees in relation to release of datasets for re-use

1

The Secretary of State may, with the consent of the Treasury, make provision by regulations about the charging of fees by public authorities in connection with making relevant copyright works available for re-use under section 11A(2) or by virtue of section 19(2A)(c).

2

Regulations under this section may, in particular—

a

prescribe cases in which fees may, or may not, be charged,

b

prescribe the amount of any fee payable or provide for any such amount to be determined in such manner as may be prescribed,

c

prescribe, or otherwise provide for, times at which fees, or parts of fees, are payable,

d

require the provision of information about the manner in which amounts of fees are determined,

e

make different provision for different purposes.

3

Regulations under this section may, in prescribing the amount of any fee payable or providing for any such amount to be determined in such manner as may be prescribed, provide for a reasonable return on investment.

4

In this section “ relevant copyright work ” has the meaning given by section 11A(8).

I312 Exemption where cost of compliance exceeds appropriate limit.

1

Section 1(1) does not oblige a public authority to comply with a request for information if the authority estimates that the cost of complying with the request would exceed the appropriate limit.

2

Subsection (1) does not exempt the public authority from its obligation to comply with paragraph (a) of section 1(1) unless the estimated cost of complying with that paragraph alone would exceed the appropriate limit.

3

In subsections (1) and (2) “the appropriate limit” means such amount as may be prescribed, and different amounts may be prescribed in relation to different cases.

4

The F11Secretary of State may by regulations provide that, in such circumstances as may be prescribed, where two or more requests for information are made to a public authority—

a

by one person, or

b

by different persons who appear to the public authority to be acting in concert or in pursuance of a campaign,

the estimated cost of complying with any of the requests is to be taken to be the estimated total cost of complying with all of them.

5

The F11Secretary of State may by regulations make provision for the purposes of this section as to the costs to be estimated and as to the manner in which they are to be estimated.

I413 Fees for disclosure where cost of compliance exceeds appropriate limit.

1

A public authority may charge for the communication of any information whose communication—

a

is not required by section 1(1) because the cost of complying with the request for information exceeds the amount which is the appropriate limit for the purposes of section 12(1) and (2), and

b

is not otherwise required by law,

such fee as may be determined by the public authority in accordance with regulations made by the F12Secretary of State .

2

Regulations under this section may, in particular, provide—

a

that any fee is not to exceed such maximum as may be specified in, or determined in accordance with, the regulations, and

b

that any fee is to be calculated in such manner as may be prescribed by the regulations.

3

Subsection (1) does not apply where provision is made by or under any enactment as to the fee that may be charged by the public authority for the disclosure of the information.

14 Vexatious or repeated requests.

1

Section 1(1) does not oblige a public authority to comply with a request for information if the request is vexatious.

2

Where a public authority has previously complied with a request for information which was made by any person, it is not obliged to comply with a subsequent identical or substantially similar request from that person unless a reasonable interval has elapsed between compliance with the previous request and the making of the current request.

I515 Special provisions relating to public records transferred to Public Record Office, etc.

1

Where—

a

the appropriate records authority receives a request for information which relates to information which is, or if it existed would be, contained in a transferred public record, and

b

either of the conditions in subsection (2) is satisfied in relation to any of that information,

that authority shall, within the period for complying with section 1(1), send a copy of the request to the responsible authority.

2

The conditions referred to in subsection (1)(b) are—

a

that the duty to confirm or deny is expressed to be excluded only by a provision of Part II not specified in subsection (3) of section 2, and

b

that the information is exempt information only by virtue of a provision of Part II not specified in that subsection.

3

On receiving the copy, the responsible authority shall, within such time as is reasonable in all the circumstances, inform the appropriate records authority of the determination required by virtue of subsection (3) or (4) of section 66.

4

In this Act “transferred public record” means a public record which has been transferred—

a

to the Public Record Office,

b

to another place of deposit appointed by the Lord Chancellor under the M2Public Records Act 1958, or

c

to the Public Record Office of Northern Ireland.

5

In this Act—

“appropriate records authority”, in relation to a transferred public record, means—
1. a
  in a case falling within subsection (4)(a), the Public Record Office,
2. b
  in a case falling within subsection (4)(b), the Lord Chancellor, and
3. c
  in a case falling within subsection (4)(c), the Public Record Office of Northern Ireland;
“responsible authority”, in relation to a transferred public record, means—
1. a
  in the case of a record transferred as mentioned in subsection (4)(a) or (b) from a government department in the charge of a Minister of the Crown, the Minister of the Crown who appears to the Lord Chancellor to be primarily concerned,
2. b
  in the case of a record transferred as mentioned in subsection (4)(a) or (b) from any other person, the person who appears to the Lord Chancellor to be primarily concerned,
3. c
  in the case of a record transferred to the Public Record Office of Northern Ireland from a government department in the charge of a Minister of the Crown, the Minister of the Crown who appears to the appropriate Northern Ireland Minister to be primarily concerned,
4. d
  in the case of a record transferred to the Public Record Office of Northern Ireland from a Northern Ireland department, the Northern Ireland Minister who appears to the appropriate Northern Ireland Minister to be primarily concerned, or
5. e
  in the case of a record transferred to the Public Record Office of Northern Ireland from any other person, the person who appears to the appropriate Northern Ireland Minister to be primarily concerned.

16 Duty to provide advice and assistance.

1

It shall be the duty of a public authority to provide advice and assistance, so far as it would be reasonable to expect the authority to do so, to persons who propose to make, or have made, requests for information to it.

2

Any public authority which, in relation to the provision of advice or assistance in any case, conforms with the code of practice under section 45 is to be taken to comply with the duty imposed by subsection (1) in relation to that case.

Refusal of request

17 Refusal of request.

1

A public authority which, in relation to any request for information, is to any extent relying on a claim that any provision of Part II relating to the duty to confirm or deny is relevant to the request or on a claim that information is exempt information must, within the time for complying with section 1(1), give the applicant a notice which—

a

states that fact,

b

specifies the exemption in question, and

c

states (if that would not otherwise be apparent) why the exemption applies.

2

Where—

a

in relation to any request for information, a public authority is, as respects any information, relying on a claim—

i

that any provision of Part II which relates to the duty to confirm or deny and is not specified in section 2(3) is relevant to the request, or

ii

that the information is exempt information only by virtue of a provision not specified in section 2(3), and

b

at the time when the notice under subsection (1) is given to the applicant, the public authority (or, in a case falling within section 66(3) or (4), the responsible authority) has not yet reached a decision as to the application of subsection (1)(b) or (2)(b) of section 2,

contain particulars of the right conferred by section 50.

F16 The Information Commissioner . . .

Annotations:

Amendments (Textual)

F16

Words in cross-heading preceding s. 18 omitted (18.1.2010) by virtue of The Transfer of Tribunal Functions Order 2010 (S.I. 2010/22), arts. 1(1), 5(1), Sch. 2 para. 67

to publish—

i

any dataset held by the authority in relation to which a person makes a request for information to the authority, and

ii

any up-dated version held by the authority of such a dataset,

unless the authority is satisfied that it is not appropriate for the dataset to be published,

b

where reasonably practicable, to publish any dataset the authority publishes by virtue of paragraph (a) in an electronic form which is capable of re-use,

c

where F110subject to subsections (2AA) and (2AB) any information in a dataset published by virtue of paragraph (a) is a relevant copyright work in relation to which the authority is the only owner, to make the information available for re-use in accordance with the terms of the specified licence.

F1092AA

If the whole of the relevant copyright work is a document to which the Re-use of Public Sector Information Regulations 2015 apply, subsections (2A)(c) and (2B) to (2F) do not apply to the relevant copyright work.

2AB

If part of the relevant copyright work is a document to which those Regulations apply—

a

subsections (2A)(c) and (2B) to (2F) do not apply to that part, but

b

those provisions do apply to the part to which the Regulations do not apply (and references in the following provisions of this section to the relevant copyright work are to be read as references to that part).

2B

2C

Nothing in this section or section 11B prevents a public authority which is subject to such a requirement from exercising any power that it has by or under an enactment other than this Act to charge a fee in connection with making the relevant copyright work available for re-use.

2D

Where a public authority intends to charge a fee (whether in accordance with regulations under section 11B or as mentioned in subsection (2C)) in connection with making a relevant copyright work available for re-use by an applicant, the authority must give the applicant a notice in writing (in this section referred to as a “ re-use fee notice ”) stating that a fee of an amount specified in, or determined in accordance with, the notice is to be charged by the authority in connection with complying with the requirement imposed by virtue of subsection (2A)(c).

2E

Where a re-use fee notice has been given to the applicant, the public authority is not obliged to comply with the requirement imposed by virtue of subsection (2A)(c) while any part of the fee which is required to be paid is unpaid.

2F

Where a public authority intends to charge a fee as mentioned in subsection (2C), the re-use fee notice may be combined with any other notice which is to be given under the power which enables the fee to be charged.

3

In adopting or reviewing a publication scheme, a public authority shall have regard to the public interest—

a

in allowing public access to information held by the authority, and

b

in the publication of reasons for decisions made by the authority.

4

A public authority shall publish its publication scheme in such manner as it thinks fit.

5

The Commissioner may, when approving a scheme, provide that his approval is to expire at the end of a specified period.

6

Where the Commissioner has approved the publication scheme of any public authority, he may at any time give notice to the public authority revoking his approval of the scheme as from the end of the period of six months beginning with the day on which the notice is given.

7

Where the Commissioner—

a

refuses to approve a proposed publication scheme, or

b

revokes his approval of a publication scheme,

he must give the public authority a statement of his reasons for doing so.

F958

In this section—

“ copyright owner ” has the meaning given by Part 1 of the Copyright, Designs and Patents Act 1988 (see section 173 of that Act);
“ copyright work ” has the meaning given by Part 1 of the Act of 1988 (see section 1(2) of that Act);
“ database ” has the meaning given by section 3A of the Act of 1988;
“ database right ” has the same meaning as in Part 3 of the Copyright and Rights in Databases Regulations 1997 ( S.I. 1997/3032);
“ owner ”, in relation to a relevant copyright work, means—
1. a
  the copyright owner, or
2. b
  the owner of the database right in the database;
“ relevant copyright work ” means—
1. a
  a copyright work, or
2. b
  a database subject to a database right,
but excludes a relevant Crown work or a relevant Parliamentary work;
“ relevant Crown work ” means—
1. a
  a copyright work in relation to which the Crown is the copyright owner, or
2. b
  a database in relation to which the Crown is the owner of the database right;
“ relevant Parliamentary work ” means—
1. a
  a copyright work in relation to which the House of Commons or the House of Lords is the copyright owner, or
2. b
  a database in relation to which the House of Commons or the House of Lords is the owner of the database right;
“ the specified licence ” has the meaning given by section 11A(8).

I820 Model publication schemes.

1

The Commissioner may from time to time approve, in relation to public authorities falling within particular classes, model publication schemes prepared by him or by other persons.

2

Where a public authority falling within the class to which an approved model scheme relates adopts such a scheme without modification, no further approval of the Commissioner is required so long as the model scheme remains approved; and where such an authority adopts such a scheme with modifications, the approval of the Commissioner is required only in relation to the modifications.

3

The Commissioner may, when approving a model publication scheme, provide that his approval is to expire at the end of a specified period.

4

Where the Commissioner has approved a model publication scheme, he may at any time publish, in such manner as he thinks fit, a notice revoking his approval of the scheme as from the end of the period of six months beginning with the day on which the notice is published.

5

Where the Commissioner refuses to approve a proposed model publication scheme on the application of any person, he must give the person who applied for approval of the scheme a statement of the reasons for his refusal.

6

Where the Commissioner refuses to approve any modifications under subsection (2), he must give the public authority a statement of the reasons for his refusal.

7

Where the Commissioner revokes his approval of a model publication scheme, he must include in the notice under subsection (4) a statement of his reasons for doing so.

Part II Exempt information

21 Information accessible to applicant by other means.

1

ii

the interests of any individual participating in the programme,

iii

the interests of the authority which holds the information, or

iv

the interests of the authority mentioned in paragraph (a) (if it is a different authority from that which holds the information).

2

The duty to confirm or deny does not arise in relation to information which is (or if it were held by the public authority would be) exempt information by virtue of subsection (1) if, or to the extent that, compliance with section 1(1)(a) would, or would be likely to, prejudice any of the matters mentioned in subsection (1)(b).

23 Information supplied by, or relating to, bodies dealing with security matters.

1

Information held by a public authority is exempt information if it was directly or indirectly supplied to the public authority by, or relates to, any of the bodies specified in subsection (3).

2

A certificate signed by a Minister of the Crown certifying that the information to which it applies was directly or indirectly supplied by, or relates to, any of the bodies specified in subsection (3) shall, subject to section 60, be conclusive evidence of that fact.

3

The bodies referred to in subsections (1) and (2) are—

a

the Security Service,

b

the Secret Intelligence Service,

c

the Government Communications Headquarters,

d

the special forces,

e

the Tribunal established under section 65 of the Regulation of M4Investigatory Powers Act 2000,

f

the Tribunal established under section 7 of the M5Interception of Communications Act 1985,

g

the Tribunal established under section 5 of the M6Security Service Act 1989,

h

the Tribunal established under section 9 of the M7Intelligence Services Act 1994,

i

the Security Vetting Appeals Panel,

j

the Security Commission,

k

the National Criminal Intelligence Service, F17. . .

l

the Service Authority for the National Criminal Intelligence Service.

F18m

the Serious Organised Crime Agency.

F80n

the National Crime Agency.

F83o

the Intelligence and Security Committee of Parliament.

4

In subsection (3)(c) “the Government Communications Headquarters” includes any unit or part of a unit of the armed forces of the Crown which is for the time being required by the Secretary of State to assist the Government Communications Headquarters in carrying out its functions.

5

The duty to confirm or deny does not arise if, or to the extent that, compliance with section 1(1)(a) would involve the disclosure of any information (whether or not already recorded) which was directly or indirectly supplied to the public authority by, or relates to, any of the bodies specified in subsection (3).

b

any forces co-operating with those forces,

or any part of any of those forces.

3

The duty to confirm or deny does not arise if, or to the extent that, compliance with section 1(1)(a) would, or would be likely to, prejudice any of the matters mentioned in subsection (1).

27 International relations.

1

Information is exempt information if its disclosure under this Act would, or would be likely to, prejudice—

a

the Executive Committee of the Northern Ireland Assembly, or

F19d

the Welsh Assembly Government.

3

The duty to confirm or deny does not arise if, or to the extent that, compliance with section 1(1)(a) would, or would be likely to, prejudice any of the matters mentioned in subsection (1).

29 The economy.

1

Information is exempt information if its disclosure under this Act would, or would be likely to, prejudice—

a

the economic interests of the United Kingdom or of any part of the United Kingdom, or

b

the financial interests of any administration in the United Kingdom, as defined by section 28(2).

2

The duty to confirm or deny does not arise if, or to the extent that, compliance with section 1(1)(a) would, or would be likely to, prejudice any of the matters mentioned in subsection (1).

d

the assessment or collection of any tax or duty or of any imposition of a similar nature,

e

the operation of the immigration controls,

f

the maintenance of security and good order in prisons or in other institutions where persons are lawfully detained,

g

the exercise by any public authority of its functions for any of the purposes specified in subsection (2),

h

any civil proceedings which are brought by or on behalf of a public authority and arise out of an investigation conducted, for any of the purposes specified in subsection (2), by or on behalf of the authority by virtue of Her Majesty’s prerogative or by virtue of powers conferred by or under an enactment, or

i

any inquiry held under the M8Fatal Accidents and Sudden Deaths Inquiries (Scotland) Act 1976 to the extent that the inquiry arises out of an investigation conducted, for any of the purposes specified in subsection (2), by or on behalf of the authority by virtue of Her Majesty’s prerogative or by virtue of powers conferred by or under an enactment.

2

The purposes referred to in subsection (1)(g) to (i) are—

a

the purpose of ascertaining whether any person has failed to comply with the law,

b

the purpose of ascertaining whether any person is responsible for any conduct which is improper,

c

the purpose of ascertaining whether circumstances which would justify regulatory action in pursuance of any enactment exist or may arise,

d

the purpose of ascertaining a person’s fitness or competence in relation to the management of bodies corporate or in relation to any profession or other activity which he is, or seeks to become, authorised to carry on,

e

35 Formulation of government policy, etc.

1

Information held by a government department or by F21the Welsh Assembly Government is exempt information if it relates to—

a

the formulation or development of government policy,

b

Ministerial communications,

c

the provision of advice by any of the Law Officers or any request for the provision of such advice, or

d

the operation of any Ministerial private office.

2

Once a decision as to government policy has been taken, any statistical information used to provide an informed background to the taking of the decision is not to be regarded—

a

for the purposes of subsection (1)(a), as relating to the formulation or development of government policy, or

b

for the purposes of subsection (1)(b), as relating to Ministerial communications.

3

The duty to confirm or deny does not arise in relation to information which is (or if it were held by the public authority would be) exempt information by virtue of subsection (1).

4

In making any determination required by section 2(1)(b) or (2)(b) in relation to information which is exempt information by virtue of subsection (1)(a), regard shall be had to the particular public interest in the disclosure of factual information which has been used, or is intended to be used, to provide an informed background to decision-taking.

5

In this section—

“government policy” includes the policy of the Executive Committee of the Northern Ireland Assembly and the policy of F22the Welsh Assembly Government;
“the Law Officers” means the Attorney General, the Solicitor General, the Advocate General for Scotland, the Lord Advocate, the Solicitor General for Scotland F23, the Counsel General to the Welsh Assembly Government and the Attorney General for Northern Ireland;
“Ministerial communications” means any communications—
1. a
  between Ministers of the Crown,
2. b
  between Northern Ireland Ministers, including Northern Ireland junior Ministers, or
3. c
  F24between members of the Welsh Assembly Government
and includes, in particular, proceedings of the Cabinet or of any committee of the Cabinet, proceedings of the Executive Committee of the Northern Ireland Assembly, and proceedings of F25the Cabinet or any committee of the Cabinet of the Welsh Assembly Government;
“Ministerial private office” means any part of a government department which provides personal administrative support to a Minister of the Crown, to a Northern Ireland Minister or a Northern Ireland junior Minister or F26any part of the administration of the Welsh Assembly Government providing personal administrative support to the members of the Welsh Assembly Government;
“Northern Ireland junior Minister” means a member of the Northern Ireland Assembly appointed as a junior Minister under section 19 of the M10Northern Ireland Act 1998.

compliance with section 1(1)(a) by either House,

would, or would be likely to, have any of the effects mentioned in subsection (2) shall be conclusive evidence of that fact.

37 Communications with Her Majesty, etc. and honours.

1

Information is exempt information if it relates to—

F31a

communications with the Sovereign,

aa

communications with the heir to, or the person who is for the time being second in line of succession to, the Throne,

ab

communications with a person who has subsequently acceded to the Throne or become heir to, or second in line to, the Throne,

ac

communications with other members of the Royal Family (other than communications which fall within any of paragraphs (a) to (ab) because they are made or received on behalf of a person falling within any of those paragraphs), and

communications with the Royal Household (other than communications which fall within any of paragraphs (a) to (ac) because they are made or received on behalf of a person falling within any of those paragraphs), or

b

the conferring by the Crown of any honour or dignity.

2

The duty to confirm or deny does not arise in relation to information which is (or if it were held by the public authority would be) exempt information by virtue of subsection (1).

38 Health and safety.

1

Information is exempt information if its disclosure under this Act would, or would be likely to—

a

endanger the physical or mental health of any individual, or

b

endanger the safety of any individual.

2

The duty to confirm or deny does not arise if, or to the extent that, compliance with section 1(1)(a) would, or would be likely to, have either of the effects mentioned in subsection (1).

39 Environmental information.

1

Information is exempt information if the public authority holding it—

a

is obliged by F32environmental information regulations to make the information available to the public in accordance with the regulations, or

b

would be so obliged but for any exemption contained in the regulations.

F331A

In subsection (1) “ environmental information regulations ” means—

a

regulations made under section 74, or

b

regulations made under section 2(2) of the European Communities Act 1972 for the purpose of implementing any F34EU obligation relating to public access to, and the dissemination of, information on the environment.

2

The duty to confirm or deny does not arise in relation to information which is (or if it were held by the public authority would be) exempt information by virtue of subsection (1).

3

Subsection (1)(a) does not limit the generality of section 21(1).

40 Personal information.

1

Any information to which a request for information relates is exempt information if it constitutes personal data of which the applicant is the data subject.

2

The duty to confirm or deny does not arise if, or to the extent that, the confirmation or denial that would have to be given to comply with section 1(1)(a) would (apart from this Act) constitute an actionable breach of confidence.

42 Legal professional privilege.

1

Information in respect of which a claim to legal professional privilege or, in Scotland, to confidentiality of communications could be maintained in legal proceedings is exempt information.

2

The duty to confirm or deny does not arise if, or to the extent that, compliance with section 1(1)(a) would involve the disclosure of any information (whether or not already recorded) in respect of which such a claim could be maintained in legal proceedings.

43 Commercial interests.

1

Information is exempt information if it constitutes a trade secret.

2

Information is exempt information if its disclosure under this Act would, or would be likely to, prejudice the commercial interests of any person (including the public authority holding it).

3

The duty to confirm or deny does not arise if, or to the extent that, compliance with section 1(1)(a) would, or would be likely to, prejudice the interests mentioned in subsection (2).

C1444 Prohibitions on disclosure.

4

Before issuing or revising any code under this section, the F36Secretary of State shall consult the Commissioner.

5

The F36Secretary of State shall lay before each House of Parliament any code or revised code made under this section.

1

It shall be the duty of the Commissioner to promote the following of good practice by public authorities and, in particular, so to perform his functions under this Act as to promote the observance by public authorities of—

a

the requirements of this Act, and

b

the provisions of the codes of practice under sections 45 and 46.

2

The Commissioner shall arrange for the dissemination in such form and manner as he considers appropriate of such information as it may appear to him expedient to give to the public—

a

about the operation of this Act,

b

about good practice, and

c

about other matters within the scope of his functions under this Act,

and may give advice to any person as to any of those matters.

3

The Commissioner may, with the consent of any public authority, assess whether that authority is following good practice.

4

The Commissioner may charge such sums as he may F100... determine for any F101relevant services provided by the Commissioner under this section.

F994A

In subsection (4) “relevant services” means—

a

the provision to the same person of more than one copy of any published material where each of the copies of the material is either provided on paper, a portable disk which stores the material electronically or a similar medium,

b

the provision of training, or

c

the provision of conferences.

4B

The Secretary of State may by order amend subsection (4A).

4C

An order under subsection (4B) may include such transitional or saving provision as the Secretary of State considers appropriate.

4D

The Secretary of State must consult the Commissioner before making an order under subsection (4B).

On receiving an application under this section, the Commissioner shall make a decision unless it appears to him—

a

that the complainant has not exhausted any complaints procedure which is provided by the public authority in conformity with the code of practice under section 45,

b

that there has been undue delay in making the application,

c

that the application is frivolous or vexatious, or

d

that the application has been withdrawn or abandoned.

3

Where the Commissioner has received an application under this section, he shall either—

that the Commissioner regards the specified information as relevant for either of the purposes referred to in subsection (1)(b), and

ii

of his reasons for regarding that information as relevant for that purpose.

3

An information notice must also contain particulars of the right of appeal conferred by section 57.

4

The time specified in an information notice must not expire before the end of the period within which an appeal can be brought against the notice and, if such an appeal is brought, the information need not be furnished pending the determination or withdrawal of the appeal.

5

An authority shall not be required by virtue of this section to furnish the Commissioner with any information in respect of—

a

any communication between a professional legal adviser and his client in connection with the giving of legal advice to the client with respect to his obligations, liabilities or rights under this Act, or

b

any communication between a professional legal adviser and his client, or between such an adviser or his client and any other person, made in connection with or in contemplation of proceedings under or arising out of this Act (including proceedings before the Tribunal) and for the purposes of such proceedings.

6

In subsection (5) references to the client of a professional legal adviser include references to any person representing such a client.

7

The Commissioner may cancel an information notice by written notice to the authority on which it was served.

8

In this section “information” includes unrecorded information.

C19 I15 C34 C4352 Enforcement notices.

1

If the Commissioner is satisfied that a public authority has failed to comply with any of the requirements of Part I, the Commissioner may serve the authority with a notice (in this Act referred to as “an enforcement notice”) requiring the authority to take, within such time as may be specified in the notice, such steps as may be so specified for complying with those requirements.

2

An enforcement notice must contain—

a

a statement of the requirement or requirements of Part I with which the Commissioner is satisfied that the public authority has failed to comply and his reasons for reaching that conclusion, and

b

particulars of the right of appeal conferred by section 57.

3

An enforcement notice must not require any of the provisions of the notice to be complied with before the end of the period within which an appeal can be brought against the notice and, if such an appeal is brought, the notice need not be complied with pending the determination or withdrawal of the appeal.

4

The Commissioner may cancel an enforcement notice by written notice to the authority on which it was served.

5

This section has effect subject to section 53.

in relation to any other public authority, means—

i

a Minister of the Crown who is a member of the Cabinet, or

ii

the Attorney General, the Advocate General for Scotland or the Attorney General for Northern Ireland.

9

In this section “working day” has the same meaning as in section 10.

C20 I17 C44 C3554 Failure to comply with notice.

1

If a public authority has failed to comply with—

a

so much of a decision notice as requires steps to be taken,

b

an information notice, or

c

an enforcement notice,

the Commissioner may certify in writing to the court that the public authority has failed to comply with that notice.

2

For the purposes of this section, a public authority which, in purported compliance with an information notice—

a

makes a statement which it knows to be false in a material respect, or

b

recklessly makes a statement which is false in a material respect,

is to be taken to have failed to comply with the notice.

3

Where a failure to comply is certified under subsection (1), the court may inquire into the matter and, after hearing any witness who may be produced against or on behalf of the public authority, and after hearing any statement that may be offered in defence, deal with the authority as if it had committed a contempt of court.

4

In this section “the court” means the High Court or, in Scotland, the Court of Session.

C21 I1855 Powers of entry and inspection.

Schedule 3 (powers of entry and inspection) has effect.

C22 C40 C36 C4556 No action against public authority.

1

This Act does not confer any right of action in civil proceedings in respect of any failure to comply with any duty imposed by or under this Act.

2

Subsection (1) does not affect the powers of the Commissioner under section 54.

Part V Appeals

C23 I19 C37 C46 C4157 Appeal against notices served under Part IV.

1

Where a decision notice has been served, the complainant or the public authority may appeal to the Tribunal against the notice.

2

A public authority on which an information notice or an enforcement notice has been served by the Commissioner may appeal to the Tribunal against the notice.

3

In relation to a decision notice or enforcement notice which relates—

a

to information to which section 66 applies, and

b

to a matter which by virtue of subsection (3) or (4) of that section falls to be determined by the responsible authority instead of the appropriate records authority,

subsections (1) and (2) shall have effect as if the reference to the public authority were a reference to the public authority or the responsible authority.

C24 C38 C42 C4758 Determination of appeals.

1

If on an appeal under section 57 the Tribunal considers—

a

that the notice against which the appeal is brought is not in accordance with the law, or

b

to the extent that the notice involved an exercise of discretion by the Commissioner, that he ought to have exercised his discretion differently,

the Tribunal shall allow the appeal or substitute such other notice as could have been served by the Commissioner; and in any other case the Tribunal shall dismiss the appeal.

2

On such an appeal, the Tribunal may review any finding of fact on which the notice in question was based.

59 Appeals from decision of Tribunal.

F44. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

I2060 Appeals against national security certificate.

1

Where a certificate under section 23(2) or 24(3) has been issued—

a

the Commissioner, or

b

any applicant whose request for information is affected by the issue of the certificate,

may appeal to the Tribunal against the certificate.

2

If on an appeal under subsection (1) relating to a certificate under section 23(2), the Tribunal finds that the information referred to in the certificate was not exempt information by virtue of section 23(1), the Tribunal may allow the appeal and quash the certificate.

3

If on an appeal under subsection (1) relating to a certificate under section 24(3), the Tribunal finds that, applying the principles applied by the court on an application for judicial review, the Minister did not have reasonable grounds for issuing the certificate, the Tribunal may allow the appeal and quash the certificate.

4

Where in any proceedings under this Act it is claimed by a public authority that a certificate under section 24(3) which identifies the information to which it applies by means of a general description applies to particular information, any other party to the proceedings may appeal to the Tribunal on the ground that the certificate does not apply to the information in question and, subject to any determination under subsection (5), the certificate shall be conclusively presumed so to apply.

5

On any appeal under subsection (4), the Tribunal may determine that the certificate does not so apply.

C25 I2161 Appeal proceedings.

F45The provisions of Schedule 6 to the Data Protection Act 1998 have effect (so far as applicable) in relation to appeals under this Part.

C29Part VI Historical records and records in Public Record Office or Public Record Office of Northern Ireland

Annotations:

Modifications etc. (not altering text)

C29

Pt. VI modified (1.1.2013) by The Freedom of Information (Definition of Historical Records) (Transitional and Saving Provisions) Order 2012 (S.I. 2012/3029), arts. 1(1), 2, Sch.

I2262C29 Interpretation of Part VI.

C301

For the purposes of this Part, a record becomes a “historical record” at the end of the period of F76twenty years beginning with the year following that in which it was created.

2

Where records created at different dates are for administrative purposes kept together in one file or other assembly, all the records in that file or other assembly are to be treated for the purposes of this Part as having been created when the latest of those records was created.

F752A

Until the end of the period of 10 years beginning with the commencement of paragraph 4 of Schedule 7 to the Constitutional Reform and Governance Act 2010, subsection (1) has effect subject to any order made under section 46(2) of that Act.

3

In this Part “year” means a calendar year.

63C29 Removal of exemptions: historical records generally.

1

Information contained in a historical record cannot be exempt information by virtue of section F77... 30(1), 32, 33, 35, ~~F4636, 37(1)(a), 42 or 43~~ F46or 42.

2

Compliance with section 1(1)(a) in relation to a historical record is not to be taken to be capable of having any of the effects referred to in section F78... 33(3), F79or 42(2).

F472A

Information contained in a historical record cannot be exempt information by virtue of section 36 except—

a

in a case falling within subsection (2)(a)(ii) of that section, or

b

in a case falling within subsection (2)(c) of that section where the prejudice or likely prejudice relates to the effective conduct of public affairs in Northern Ireland.

2B

Compliance with section 1(1)(a) in relation to a historical record is not to be taken to have any of the effects referred to in subsection (3) of section 36, except where the effect—

a

falls within subsection (2)(a)(ii) of that section, or

b

falls within subsection (2)(c) of that section and relates to the effective conduct of public affairs in Northern Ireland.

2C

Information cannot be exempt information—

a

by virtue of section 28 or 43, or

b

5

Compliance with section 1(1)(a) in relation to any record is not to be taken, at any time after the end of the period of one hundred years beginning with the year following that in which the record was created, to be capable of prejudicing any of the matters referred to in section 31(1).

64C29 Removal of exemptions: historical records in public record offices.

5

Before making by virtue of subsection (3) or (4) any determination that subsection (1)(b) or (2)(b) of section 2 applies, the responsible authority shall consult—

a

where the transferred public record is a public record within the meaning of the M28Public Records Act 1958, the Lord Chancellor, and

b

where the transferred public record is a public record to which the M29Public Records Act (Northern Ireland) 1923 applies, the appropriate Northern Ireland Minister.

6

Where the responsible authority in relation to information to which this section applies is not (apart from this subsection) a public authority, it shall be treated as being a public authority for the purposes of Parts III, IV and V of this Act so far as relating to—

a

the duty imposed by section 15(3), and

b

the imposition of any requirement to furnish information relating to compliance with Part I in connection with the information to which this section applies.

I2367C29 Amendments of public records legislation.

Schedule 5 (which amends the M30Public Records Act 1958 and the Public Records Act (Northern Ireland) 1923) has effect.

Part VII Amendments of Data Protection Act 1998

Amendments relating to personal information held by public authorities

I2468 Extension of meaning of “data”.

1

Section 1 of the M31Data Protection Act 1998 (basic interpretative provisions) is amended in accordance with subsections (2) and (3).

2

In subsection (1)—

a

in the definition of “data”, the word “or” at the end of paragraph (c) is omitted and after paragraph (d) there is inserted

or
e
is recorded information held by a public authority and does not fall within any of paragraphs (a) to (d);

b

after the definition of “processing” there is inserted—

“public authority” has the same meaning as in the Freedom of Information Act 2000;

3

After subsection (4) there is inserted—

5
In paragraph (e) of the definition of “data” in subsection (1), the reference to information “held” by a public authority shall be construed in accordance with section 3(2) of the Freedom of Information Act 2000.
6
Where section 7 of the Freedom of Information Act 2000 prevents Parts I to V of that Act from applying to certain information held by a public authority, that information is not to be treated for the purposes of paragraph (e) of the definition of “data” in subsection (1) as held by a public authority.

4

In section 56 of that Act (prohibition of requirement as to production of certain records), after subsection (6) there is inserted—

6A
A record is not a relevant record to the extent that it relates, or is to relate, only to personal data falling within paragraph (e) of the definition of “data” in section 1(1).

5

In the Table in section 71 of that Act (index of defined expressions) after the entry relating to processing there is inserted—

public authority
section 1(1).

I2569 Right of access to unstructured personal data held by public authorities.

1

In section 7(1) of the M32Data Protection Act 1998 (right of access to personal data), for “sections 8 and 9” there is substituted “ sections 8, 9 and 9A ”.

F482

After section 9 of that Act there is inserted—

9A Unstructured personal data held by public authorities.
1
In this section “unstructured personal data” means any personal data falling within paragraph (e) of the definition of “data” in section 1(1), other than information which is recorded as part of, or with the intention that it should form part of, any set of information relating to individuals to the extent that the set is structured by reference to individuals or by reference to criteria relating to individuals.
2
A public authority is not obliged to comply with subsection (1) of section 7 in relation to any unstructured personal data unless the request under that section contains a description of the data.
3
Even if the data are described by the data subject in his request, a public authority is not obliged to comply with subsection (1) of section 7 in relation to unstructured personal data if the authority estimates that the cost of complying with the request so far as relating to those data would exceed the appropriate limit.
4
Subsection (3) does not exempt the public authority from its obligation to comply with paragraph (a) of section 7(1) in relation to the unstructured personal data unless the estimated cost of complying with that paragraph alone in relation to those data would exceed the appropriate limit.
5
In subsections (3) and (4) “the appropriate limit” means such amount as may be prescribed by the Secretary of State by regulations, and different amounts may be prescribed in relation to different cases.
6
Any estimate for the purposes of this section must be made in accordance with regulations under section 12(5) of the Freedom of Information Act 2000.

3

In section 67(5) of that Act (statutory instruments subject to negative resolution procedure), in paragraph (c), for “or 9(3)” there is substituted “ , 9(3) or 9A(5) ”.

I2670 Exemptions applicable to certain manual data held by public authorities.

1

After section 33 of the M33Data Protection Act 1998 there is inserted—

33A Manual data held by public authorities.
1
Personal data falling within paragraph (e) of the definition of “data” in section 1(1) are exempt from—
a
the first, second, third, fifth, seventh and eighth data protection principles,
b
the sixth data protection principle except so far as it relates to the rights conferred on data subjects by sections 7 and 14,
c
sections 10 to 12,
d
section 13, except so far as it relates to damage caused by a contravention of section 7 or of the fourth data protection principle and to any distress which is also suffered by reason of that contravention,
e
Part III, and
f
section 55.
2
Personal data which fall within paragraph (e) of the definition of “data” in section 1(1) and relate to appointments or removals, pay, discipline, superannuation or other personnel matters, in relation to—
a
service in any of the armed forces of the Crown,
b
service in any office or employment under the Crown or under any public authority, or
c
service in any office or employment, or under any contract for services, in respect of which power to take action, or to determine or approve the action taken, in such matters is vested in Her Majesty, any Minister of the Crown, the National Assembly for Wales, any Northern Ireland Minister (within the meaning of the Freedom of Information Act 2000) or any public authority,
are also exempt from the remaining data protection principles and the remaining provisions of Part II.

2

In section 55 of that Act (unlawful obtaining etc. of personal data) in subsection (8) after “section 28” there is inserted “ or 33A ”.

3

In Part III of Schedule 8 to that Act (exemptions available after 23rd October 2001 but before 24th October 2007) after paragraph 14 there is inserted—

14A
1
This paragraph applies to personal data which fall within paragraph (e) of the definition of “data” in section 1(1) and do not fall within paragraph 14(1)(a), but does not apply to eligible manual data to which the exemption in paragraph 16 applies.
2
During the second transitional period, data to which this paragraph applies are exempt from—
a
the fourth data protection principle, and
b
section 14(1) to (3).

4

In Schedule 13 to that Act (modifications of Act having effect before 24th October 2007) in subsection (4)(b) of section 12A to that Act as set out in paragraph 1, after “paragraph 14” there is inserted “ or 14A ”.

I2771 Particulars registrable under Part III of Data Protection Act 1998.

In section 16(1) of the M34Data Protection Act 1998 (the registrable particulars), before the word “and” at the end of paragraph (f) there is inserted—

ff
where the data controller is a public authority, a statement of that fact,

72 Availability under Act disregarded for purpose of exemption.

In section 34 of the M35Data Protection Act 1998 (information available to the public by or under enactment), after the word “enactment” there is inserted “ other than an enactment contained in the Freedom of Information Act 2000 ”.

Other amendments

I2873 Further amendments of Data Protection Act 1998.

Schedule 6 (which contains further amendments of the Data Protection Act 1998) has effect.

Part VIII Miscellaneous and supplemental

74 Power to make provision relating to environmental information.

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.

1

If, with respect to any enactment which prohibits the disclosure of information held by a public authority, it appears to the F49Secretary of State 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—
1. a
  any enactment contained in an Act passed before or in the same Session as this Act, or
2. 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 F49Secretary of State, 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 F49Secretary of State to be appropriate;

c

make different provision for different cases.

76 Disclosure of information between Commissioner and ombudsmen.

C261

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 M36Data 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

Ombudsman	Enactment
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).
F50. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .	F50. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
~~F51The Health Service Commissioner for Scotland.~~	~~F51The 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 Ombudsman	Part III F52or Part 3A of the Local Government Act 1974 (c. 7).
F53The Scottish Public Services Ombudsman	The Scottish Public Services Ombudsman Act 2002 (asp 11)
~~F54The Commissioner for Local Administration in Scotland.~~	~~F54Part II of the Local Government (Scotland) Act 1975 (c. 30).~~
~~F54The Scottish Parliamentary Commissioner for Administration.~~	~~F54The Scotland Act 1998 (Transitory and Transitional Provisions)(Complaints of Maladministration) Order 1999 (S.I. 1999/1351).~~
F55The Public Services Ombudsman for Wales	Part 2 of the Public Services Ombudsman (Wales) Act 2005
F56. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .	F56. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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)).
F57The Commissioner for Older People in Wales	The 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.

76AF72Disclosure between Commissioner and Scottish Information Commissioner

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.

I2977 Offence of altering etc. records with intent to prevent disclosure.

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 M37Data 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.

78 Saving for existing powers.

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

79 Defamation.

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.

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 M38Scotland Act 1998).

F583

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.

F7480AInformation held by Northern Ireland bodies

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

81 Application to government departments, etc.

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 F59or 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 F60or the National Assembly for Wales as they apply to any other person.

82 Orders and regulations.

1

Any power of the F61. . . Secretary of State 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) F102or 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.

83 Meaning of “Welsh public authority”.

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

F62b

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 F63Secretary of State by order as an excluded authority for the purposes of that paragraph.

3

Before making an order under subsection (2), the F63Secretary of State shall consult F64the First Minister for Wales.

84 Interpretation.

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;
“the Commissioner” means the Information Commissioner;
F103“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;
F65. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
“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 F66. . . and any other body or authority exercising statutory functions on behalf of the Crown, but does not include—
1. a
  any of the bodies specified in section 80(2),
2. b
  the Security Service, the Secret Intelligence Service or the Government Communications Headquarters, F81...
3. ba
  F82the National Crime Agency, or
4. c
  F67the 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 M39Crown 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 F68Secretary of State;
“public authority” has the meaning given by section 3(1);
“public record” means a public record within the meaning of the M40Public Records Act 1958 or a public record to which the M41Public 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 M42Interpretation 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 M43Northern Ireland Act 1998;
“transferred public record” has the meaning given by section 15(4);
F69 “ the Tribunal ”, in relation to any appeal under this Act, means—
1. 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
2. b
  the First-tier Tribunal, in any other case;
“Welsh public authority” has the meaning given by section 83.

85 Expenses.

There shall be paid out of money provided by Parliament—

a

any increase attributable to this Act in the expenses of the F70Secretary of State in respect of the Commissioner, the Tribunal or the members of the Tribunal,

b

any administrative expenses of the F70Secretary of State 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.

I3086 Repeals.

Schedule 8 (repeals) has effect.

87 Commencement.

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).

P13

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 F71Secretary 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 F71Secretary 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 F71Secretary 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.

88 Short title and extent.

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.

Part I Access to information held by public authorities

Right to information

1 General right of access to information held by public authorities.

1

a

b

2

3

a

b

4

a

b

5

6

2 Effect of the exemptions in Part II.

1

a

b

2

a

b

3

a

b

c

d

e

F1ea

f

i

ii

g

h

C1C23 Public authorities.

1

a

i

ii

C3C4b

C272

a

C5C6C7b

4 Amendment of Schedule 1.

1

2

a

b

3

a

b

4

5

a

b

6

7

a

i

ii

b

8

9

5 Further power to designate public authorities.

1

a

b

2

3

4

6 Publicly-owned companies.

1

a

b

c

F862

a

i

ii

b

C1 C23 Public authorities.

C3 C4b

C5 C6 C7b

C8 C9 C101

C8 C9 C102