Freedom of Information Act 2000

2000 c. 36

An Act to make provision for the disclosure of information held by public authorities or by persons providing services for them and to amend the Data Protection Act 1998 and the Public Records Act 1958; and for connected purposes.

[30th November 2000]

C1 C4Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—C35 C44 C49 C53 C73 C68 C38 C70

Annotations:

Modifications etc. (not altering text)

Act: functions of Secretary of State transferred to the Lord Chancellor (26.11.2001) by S.I. 2001/3500, arts. 3, 4, Sch. 1 para. 12

Act (except ss. 15, 23, 24, 36, 46, 65, 66 and s. 53 for certain purposes): functions of the Lord Chancellor transferred to the Secretary of State, and all property, rights and liabilities to which the Lord Chancellor is entitled or subject in connection with any such function transferred to the Secretary of State for Constitutional Affairs (19.8.2003) by The Secretary of State for Constitutional Affairs Order 2003 (S.I. 2003/1887), art. 4, Sch. 1 (with art. 6)

Act: enforcement and appeals provisions applied (with modifications) (1.1.2005) by The Environmental Information Regulations 2004 (S.I. 2004/3391), reg. 18 (with reg. 3) (as amended (17.9.2018) by The Environment, Food and Rural Affairs (Miscellaneous Amendments and Revocations) Regulations 2018 (S.I. 2018/942), regs. 1(2), 10)

C35

Act applied (with modifications) (22.11.2012) by The Police and Crime Panels (Application of Local Authority Enactments) Regulations 2012 (S.I. 2012/2734), regs. 1(1), 3-6, Sch. Pt. 3

C44

Act applied (with modifications) (22.11.2012) by The Police and Crime Panels (Application of Local Authority Enactments) Regulations 2012 (S.I. 2012/2734), regs. 1(1), 3-6, Sch. Pt. 2

C49

Act applied (with modifications) (E.W.) (22.11.2012) by The Police and Crime Panels (Application of Local Authority Enactments) Regulations 2012 (S.I. 2012/2734), regs. 1(1), 3-6, Sch. Pt. 1

C53

Act: transfer of functions (9.11.2016) by The Transfer of Functions (Elections, Referendums, Third Sector and Information) Order 2016 (S.I. 2016/997), art. 7(a) (with arts. 8, 12)

C73

Act: transfer of functions (9.11.2016) by The Transfer of Functions (Elections, Referendums, Third Sector and Information) Order 2016 (S.I. 2016/997), arts. 1(2), 3(1), Sch. 1(i) (with arts. 3(2), 6, 12)

C68

Act modified (E.W.) (23.5.2019) by The Buckinghamshire (Structural Changes) Order 2019 (S.I. 2019/957), arts. 1, 15(2)

C38

Act modified (E.W.) (14.2.2020) by The Northamptonshire (Structural Changes) Order 2020 (S.I. 2020/156), arts. 1, 17(2)(f)

C70

Act applied (E.) (18.3.2022) by The Cumbria (Structural Changes) Order 2022 (S.I. 2022/331), arts. 1(1), 18(2)(f)

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,

F327ea

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

F433f

section 40(1),

fa

section 40(2) so far as relating to cases where the first condition referred to in that subsection is satisfied,

g

section 41, and

h

section 44.

C14 C103 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

C15 C11 C79b

a publicly-owned company as defined by section 6.

C722

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

C16 C13 C12 C43b

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 F50the 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.

C611

The F36Secretary of StateF595or the F401Minister for the Cabinet Office 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 StateF595or the F401Minister for the Cabinet Office 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.

C613

Before making an order under this section, the F36Secretary of StateF453or the F440Minister for the Cabinet Office 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 F37Secretary of StateF467or the F466Minister for the Cabinet Office 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.

C573

Subject to subsection (5), any fee under this section must be determined by the public authority in accordance with regulations made by the F572Minister for the Cabinet Office.

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.

F6621A

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 F551subsections (1) and (1A), a public authority may comply with a request by communicating information by any means which are reasonable in the circumstances.

F4705

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.

11AF596Release 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.

F4751A

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.

C558

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 F589Minister for the Cabinet Office in a code of practice issued under section 45, and the F589Minister for the Cabinet Office may specify different licences for different purposes.

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

C80 1

The F633Minister for the Cabinet Office 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).

I312Exemption 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.

C603

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.

C604

The F486Minister for the Cabinet Office 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.

C605

The F505Minister for the Cabinet Office 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.

I413Fees for disclosure where cost of compliance exceeds appropriate limit.

C761

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 F411Minister for the Cabinet Office.

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.

I5615 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 F556Secretary of State 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 F649Secretary of State, 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 F649Secretary of State 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 F649Secretary of State 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.

F320 The Information Commissioner . . .

Annotations:

Amendments (Textual)

F320

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 F488subject 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.

F4822AA

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.

F5338

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).

I720 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, F98. . .

l

the Service Authority for the National Criminal Intelligence Service.

F257m

the Serious Organised Crime Agency.

F569n

the National Crime Agency.

F451o

the Intelligence and Security Committee of Parliament.

F699p

a Judicial Commissioner within the meaning of the Investigatory Powers Act 2016 (see section 263(1) of that Act).

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

F56d

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 F407Inquiries into Fatal Accidents and Sudden Deaths etc. (Scotland) Act 2016 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 F57the 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 F58the 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 F59, 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
  F60between 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 F61the 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 F62any 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 M9Northern 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—

F328a

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 F45environmental 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.

F461A

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 F393EU 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).

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

F4227

In this section—

“the data protection principles” means the principles set out in—
1. a
  Article 5(1) of the F690UK GDPR, and
2. b
  section 34(1) of the Data Protection Act 2018;
“data subject” has the same meaning as in the Data Protection Act 2018 (see section 3 of that Act);
F691...
F693“personal data” and “processing” have the same meaning as in Parts 5 to 7 of the Data Protection Act 2018 (see section 3(2), (4) and (14) of that Act);
“the UK GDPR” has the same meaning as in Parts 5 to 7 of the Data Protection Act 2018 (see section 3(10) and (14) of that Act).

8

In determining for the purposes of this section whether the lawfulness principle in Article 5(1)(a) of the F695UK GDPR would be contravened by the disclosure of information, Article 6(1) of the F695UK GDPR (lawfulness) is to be read as if the second sub-paragraph (disapplying the legitimate interests gateway in relation to public authorities) were omitted.

41 Information provided in confidence.

C771

Information is exempt information if—

a

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).

C944 Prohibitions on disclosure.

1

Information is exempt information if its disclosure (otherwise than under this Act) by the public authority holding it—

a

is prohibited by or under any enactment,

b

is incompatible with any F648F682assimilated obligation, or

c

would constitute or be punishable as a contempt of court.

2

The duty to confirm or deny does not arise if the confirmation or denial that would have to be given to comply with section 1(1)(a) would (apart from this Act) fall within any of paragraphs (a) to (c) of subsection (1).

Part III General functions of F459F567Minister for the Cabinet Office, Secretary of State and Information Commissioner

Annotations:

Amendments (Textual)

F459

Words in Pt. III heading substituted (9.12.2015) by virtue of The Transfer of Functions (Information and Public Records) Order 2015 (S.I. 2015/1897), art. 1(2), Sch. para. 2(6)

F567

Words in Pt. III heading substituted (9.11.2016) by The Transfer of Functions (Elections, Referendums, Third Sector and Information) Order 2016 (S.I. 2016/997), art. 1(2), Sch. 2 para. 14(2)(j) (with art. 12)

I5445 Issue of code of practice F409by the Minister for the Cabinet Office.

C901

The F522Minister for the Cabinet Office shall issue, and may from time to time revise, a code of practice providing guidance to public authorities as to the practice which it would, in his opinion, be desirable for them to follow in connection with the discharge of the authorities’ functions under Part I.

2

The code of practice must, in particular, include provision relating to—

a

the provision of advice and assistance by public authorities to persons who propose to make, or have made, requests for information to them,

b

the transfer of requests by one public authority to another public authority by which the information requested is or may be held,

c

consultation with persons to whom the information requested relates or persons whose interests are likely to be affected by the disclosure of information,

d

the inclusion in contracts entered into by public authorities of terms relating to the disclosure of information,

F480da

the disclosure by public authorities of datasets held by them, and

e

the provision by public authorities of procedures for dealing with complaints about the handling by them of requests for information.

F5392A

Provision of the kind mentioned in subsection (2)(da) may, in particular, include provision relating to—

a

the giving of permission for datasets to be re-used,

b

the disclosure of datasets in an electronic form which is capable of re-use,

c

the making of datasets available for re-use in accordance with the terms of a licence,

d

other matters relating to the making of datasets available for re-use,

e

standards applicable to public authorities in connection with the disclosure of datasets.

3

F454Any code under this section may make different provision for different public authorities.

C374

Before issuing or revising any code under this section, the F413Minister for the Cabinet Office shall consult the Commissioner.

C375

The F609Minister for the Cabinet Office 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 F490... determine for any F657relevant services provided by the Commissioner under this section.

F5014A

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.

C404B

The F478Minister for the Cabinet Office may by order amend subsection (4A).

C404C

An order under subsection (4B) may include such transitional or saving provision as the F478Minister for the Cabinet Office considers appropriate.

C404D

The F478Minister for the Cabinet Office must consult the Commissioner before making an order under subsection (4B).

5

The Commissioner shall from time to time as he considers appropriate—

a

consult the Keeper of Public Records about the promotion by the Commissioner of the observance by public authorities of the provisions of the code of practice under section 46 in relation to records which are public records for the purposes of the M15Public Records Act 1958, and

b

consult the Deputy Keeper of the Records of Northern Ireland about the promotion by the Commissioner of the observance by public authorities of those provisions in relation to records which are public records for the purposes of the M16Public Records Act (Northern Ireland) 1923.

6

In this section “good practice”, in relation to a public authority, means such practice in the discharge of its functions under this Act as appears to the Commissioner to be desirable, and includes (but is not limited to) compliance with the requirements of this Act and the provisions of the codes of practice under sections 45 and 46.

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.

C22 I12 C69 C4852 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.

C23 I14 C65 C8154 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.

C24 I1555 Powers of entry and inspection.

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

C25 C52 C45 C7456 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

C26 I16 C82 C56 C8957 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.

C27 C47 C75 C6658 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.

F324. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

I1760 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.

In this section, “personal data” and “processing” have the same meaning as in Parts 5 to 7 of the Data Protection Act 2018 (see section 3(2), (4) and (14) of that Act).

C86Part VI Historical records and records in Public Record Office or Public Record Office of Northern Ireland

Annotations:

Modifications etc. (not altering text)

C86

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.

I1862C86 Interpretation of Part VI.

C711

For the purposes of this Part, a record becomes a “historical record” at the end of the period of F494twenty 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.

F4832A

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.

63C86 Removal of exemptions: historical records generally.

1

Information contained in a historical record cannot be exempt information by virtue of section F546... 30(1), 32, 33, 35, ~~F32936, 37(1)(a), 42 or 43~~ F329or 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 F565... 33(3), F632or 42(2).

F3302A

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).

64C86 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—

C83a

where the transferred public record is a public record within the meaning of the M20Public Records Act 1958, the F560Secretary of State, and

b

where the transferred public record is a public record to which the M21Public 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.

I5367C86 Amendments of public records legislation.

Schedule 5 (which amends the M22Public 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

I1968 Extension of meaning of “data”.

1

Section 1 of the M23Data 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).

I2069 Right of access to unstructured personal data held by public authorities.

1

In section 7(1) of the M24Data Protection Act 1998 (right of access to personal data), for “sections 8 and 9” there is substituted “ sections 8, 9 and 9A ”.

F2352

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) ”.

I2170 Exemptions applicable to certain manual data held by public authorities.

1

After section 33 of the M25Data 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 ”.

F47171 Particulars registrable under Part III of Data Protection Act 1998.

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

72 Availability under Act disregarded for purpose of exemption.

In section 34 of the M26Data 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

I2273 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.

C421

If, with respect to any enactment which prohibits the disclosure of information held by a public authority, it appears to the F38Secretary of StateF452or the F545Minister 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—
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 F38Secretary of StateF525or the F516Minister 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 F38Secretary of StateF525or the F516Minister for the Cabinet Office to be appropriate;

c

make different provision for different cases.

76 Disclosure of information between Commissioner and ombudsmen.

C281

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 F628the data protection legislation 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).
F89. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .	F89. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
~~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 Ombudsman	Part III F284or Part 3A of the Local Government Act 1974 (c. 7).
F6The Scottish Public Services Ombudsman	The Scottish Public Services Ombudsman Act 2002 (asp 11)
~~F8The Commissioner for Local Administration in Scotland.~~	~~F8Part II of the Local Government (Scotland) Act 1975 (c. 30).~~
~~F8The Scottish Parliamentary Commissioner for Administration.~~	~~F8The Scotland Act 1998 (Transitory and Transitional Provisions)(Complaints of Maladministration) Order 1999 (S.I.~~ ~~1999/1351).~~
F91The Public Services Ombudsman for Wales	Part 2 of the Public Services Ombudsman (Wales) Act 2005 F606or Part 3 of the Public Services Ombudsman (Wales) Act 2019
F90. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .	F90. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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)).
F93The Commissioner for Older People in Wales	The Commissioner for Older People (Wales) Act 2006

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 M27Scotland Act 1998).

F473

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.

F62280AInformation 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 F68or 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 F69or the National Assembly for Wales as they apply to any other person.

82 Orders and regulations.

1

Any power of the F43. . . Secretary of State F634or the F423Minister 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) F597or 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

F70b

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).

C922

In paragraph (a) of subsection (1) “excluded authority” means a public authority which is designated by the F39Secretary of StateF464or the F461Minister for the Cabinet Office by order as an excluded authority for the purposes of that paragraph.

C923

Before making an order under subsection (2), the F39Secretary of StateF406or the F473Minister for the Cabinet Office shall consult F71the 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;
F660...
“the Commissioner” means the Information Commissioner;
F558“the data protection legislation” has the same meaning as in the Data Protection Act 2018 (see section 3 of that Act);
F587“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;
F259. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
“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 F331. . . 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, F400...
3. ba
  F479the National Crime Agency, or
4. c
  F72the 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 M28Crown 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 F586Minister 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 M29Public Records Act 1958 or a public record to which the M30Public 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 M31Interpretation 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 M32Northern Ireland Act 1998;
“transferred public record” has the meaning given by section 15(4);
F325“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 F40Secretary of State in respect of the Commissioner, the Tribunal or the members of the Tribunal,

b

any administrative expenses of the F40Secretary of StateF462or the F403Minister 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.

I2486 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 F41Secretary 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 F41Secretary 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 F41Secretary 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.

SCHEDULES

SCHEDULE 1 Public authorities

Section 3(1)(a)(i).

Part I General

1

Any government department F101other than

F399a

the Competition and Markets Authority,

b

the Office for Standards in Education, Children's Services and Skills.

F4951ZA

The Competition and Markets Authority, in respect of information held otherwise than as a tribunal.

information relating to expenditure by a member of the Assembly on security arrangements.

Paragraph (b) does not except information relating to the total amount of expenditure incurred on regular travel during any month.

F2345A

the Welsh Assembly Government.

6

The armed forces of the Crown, except—

a

the special forces, and

b

any unit or part of a unit which is for the time being required by the Secretary of State to assist the Government Communications Headquarters in the exercise of its functions.

Part II Local government

England and Wales

7

A local authority within the meaning of the M33Local Government Act 1972, namely—

a

in England, a county council, a London borough council, a district council or a parish council,

b

in Wales, a county council, a county borough council or a community council.

8

The Greater London Authority.

9

The Common Council of the City of London, in respect of information held in its capacity as a local authority, police authority or port health authority.

10

The Sub-Treasurer of the Inner Temple or the Under-Treasurer of the Middle Temple, in respect of information held in his capacity as a local authority.

11

The Council of the Isles of Scilly.

12

A parish meeting constituted under section 13 of the M34Local Government Act 1972.

13

Any charter trustees constituted under section 246 of the M35Local Government Act 1972.

F9414

A fire and rescue authority constituted by a scheme under section 2 of the Fire and Rescue Services Act 2004 or a scheme to which section 4 of that Act applies.

F47614A

A fire and rescue authority created by an order under section 4A of that Act.

15

A waste disposal authority established by virtue of an order under section 10(1) of the M36Local Government Act 1985.

F58115A

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

16

A port health authority constituted by an order under section 2 of the M37Public Health (Control of Disease) Act 1984.

17

F86. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

18

An internal drainage board which is continued in being by virtue of section 1 of the M38Land Drainage Act 1991.

19

A joint authority established under Part IV of the M39Local Government Act 1985 F95(fire and rescue services and transport).

F28519A

An economic prosperity board established under section 88 of the Local Democracy, Economic Development and Construction Act 2009.

19B

A combined authority established under section 103 of that Act.

F68119C

A combined county authority established under section 9(1) of the Levelling-up and Regeneration Act 2023.

F50220

The London Fire Commissioner.

21

A joint fire authority established by virtue of an order under section 42(2) of the M40Local Government Act 1985 (reorganisation of functions).

22

A body corporate established pursuant to an order under section 67 of the M41Local Government Act 1985 (transfer of functions to successors of residuary bodies, etc.).

23

A body corporate established pursuant to an order under F103section 17 of the Local Government and Public Involvement in Health Act 2007 (residuary bodies).

24

The Broads Authority established by section 1 of the M42Norfolk and Suffolk Broads Act 1988.

25

A joint committee constituted in accordance with section 102(1)(b) of the M43Local Government Act 1972.

26

A joint board which is continued in being by virtue of section 263(1) of the M44Local Government Act 1972.

27

A joint authority established under section 21 of the M45Local Government Act 1992.

F26428

A Passenger Transport Executive for an integrated transport area for the purposes of Part 2 of the Transport Act 1968.

F43128A

A sub-national transport body established under section 102E of the Local Transport Act 2008.

29

Transport for London.

30

The London Transport Users Committee.

31

A joint board the constituent members of which consist of any of the public authorities described in paragraphs 8, 9, 10, 12, 15, 16, 20 to 31, 57 and 58.

32

A National Park authority established by an order under section 63 of the M46Environment Act 1995.

33

A joint planning board constituted for an area in Wales outside a National Park by an order under section 2(1B) of the M47Town and Country Planning Act 1990.

F53133A

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

F8734

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

F41735

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

F28635A

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

F28735B

An inshore fisheries and conservation authority for a district established under section 149 of the Marine and Coastal Access Act 2009.

F33235C

An urban development corporation established under section 135 of the Local Government, Planning and Land Act 1980.

F43035D

A Mayoral development corporation established under section 198 of the Localism Act 2011.

F43635E

A Local Healthwatch organisation, in respect of information held in connection with—

a

arrangements made under section 221(1) of the Local Government and Public Involvement in Health Act 2007, or

b

arrangements made in pursuance of arrangements made under section 221(1) of that Act.

F65435F

A corporate joint committee established by regulations under Part 5 of the Local Government and Elections (Wales) Act 2021.

Northern Ireland

36

A district council within the meaning of the M48Local Government Act (Northern Ireland) 1972.

C78Part III The National Health Service

Annotations:

Modifications etc. (not altering text)

C78

By Care Act 2014 (c. 23), s. 127(1), Sch. 5 para. 34; S.I. 2014/3186, art. 2(f), it is provided (E.W.) (1.4.2015) that at the appropriate place in Sch. 1 Pt. 3 the words "Health Education England." shall be inserted; and these words are omitted (1.4.2023) by The Health Education England (Transfer of Functions, Abolition and Transitional Provisions) Regulations 2023 (S.I. 2023/368), reg. 1(2), Sch. 1 para. 8 (with reg. 7)

England and Wales

F61436A

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

37

F85. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F44637A

F629NHS England.

F56337B

An integrated care board established under section 14Z25 of the National Health Service Act 2006.

38

A special health authority established under F73section 28 of the National Health Service Act 2006 or section 22 of the National Health Service (Wales) Act 2006.

F61239

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

F1939A

A Local Health Board established under F74section 11 of the National Health Service (Wales) Act 2006.

40

A National Health Service trust established under F75section 25 of the National Health Service Act 2006 or section 18 of the National Health Service (Wales) Act 2006.

F4440A

An NHS foundation trust.

F61541

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

F10441A

F232 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

42

F81. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

43

F88. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F7843A

Any person providing primary medical services F100, primary dental services or primary ophthalmic services—

a

in accordance with arrangements made under F79section 92 or 107 of the National Health Service Act 2006, or section 50 or 64 of the National Health Service (Wales) Act 2006; or

b

under a contract under F80section 84 or 100 of the National Health Service Act 2006 or section 42 or 57 of the National Health Service (Wales) Act 2006;

in respect of information relating to the provision of those services.

44

Any person providing ~~F82general medical services, general dental services,~~ general ophthalmic services or pharmaceutical services under F84the National Health Service Act 2006 or the National Health Service (Wales) Act 2006, F680or providing both general ophthalmic services and other ophthalmic services in accordance with arrangements made with a Local Health Board in Wales under the National Health Service (Wales) Act 2006, in respect of information relating to the provision of those services.

45

~~F83 Any person providing personal medical services or personal dental services under arrangements made under section 28C of the~~ M49 ~~National Health Service Act 1977, in respect of information relating to the provision of those services.~~

F145A

Any person providing local pharmaceutical services under—

a

a pilot scheme established under F76section 134 of the National Health Service Act 2006 or section 92 of the National Health Service (Wales) Act 2006; or

b

an LPS scheme established under F77 Schedule 12 to the National Health Service Act 2006 or Schedule 7 to the National Health Service (Wales) Act 2006 ,

in respect of information relating to the provision of those services.

F2945B

F233 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Northern Ireland

F53746

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

F52647

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

48

A F524Health and Social Care trust established under Article 10 of the M50Health and Personal Social Services (Northern Ireland) Order 1991.

49

A special agency established under Article 3 of the M51Health and Personal Social Services (Special Agencies) (Northern Ireland) Order 1990.

F58550

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

51

Any person providing F96primary medical services, general dental services, general ophthalmic services or pharmaceutical services under Part VI of the M52Health and Personal Social Services (Northern Ireland) Order 1972, in respect of information relating to the provision of those services.

F28951A

The Regional Business Services Organisation established under section 14 of the Health and Social Services (Reform) Act (Northern Ireland) 2009.

51B

The Patient and Client Council established under section 16 of the Health and Social Care (Reform) Act (Northern Ireland) 2009.

F62551C

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

51D

The Regional Agency for Public Health and Social Well-being established under section 12 of the Health and Social Care (Reform) Act (Northern Ireland) 2009.

Part IV Maintained schools and other educational institutions

England and Wales

F10552

The governing body of—

a

a maintained school, as defined by section 20(7) of the School Standards and Framework Act 1998, or

b

a maintained nursery school, as defined by section 22(9) of that Act.

F33352A

1

The proprietor of an Academy, in respect of information held for the purposes of the proprietor's functions under Academy arrangements.

2

In sub-paragraph (1)—

“Academy arrangements” has the meaning given by section 1 of the Academies Act 2010;
“proprietor” has the meaning given by section 579(1) of the Education Act 1996.

53

b

a pupil referral unit as defined by Article 87(1) of the M56Education (Northern Ireland) Order 1998.

2

In sub-paragraph (1) “managers” has the meaning given by Article 2(2) of the M57Education and Libraries (Northern Ireland) Order 1986.

55

1

The governing body of—

a

a university receiving financial support under Article 30 of the M58Education and Libraries (Northern Ireland) Order 1993,

b

a college of education F99. . . or in respect of which grants are paid under Article 66(2) or (3) of the M59Education and Libraries (Northern Ireland) Order 1986, or

c

an institution of further education within the meaning of the M60Further Education (Northern Ireland) Order 1997.

2

In sub-paragraph (1) “governing body” has the meaning given by Article 30(3) of the M61Education and Libraries (Northern Ireland) Order 1993.

56

Any person providing further education to whom grants, loans or other payments are made under Article 5(1)(b) of the M62Further Education (Northern Ireland) Order 1997.

C58Part V Police

Annotations:

Modifications etc. (not altering text)

C58

Sch. 1 Pt. V modified (31.1.2017 for specified purposes, 3.4.2017 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), ss. 50, 183(1)(5)(e); S.I. 2017/399, reg. 2, Sch. para. 10

England and Wales

C67F53557

A police and crime commissioner.

F64058

The Mayor's Office for Policing and Crime.

59

A chief officer of police of a police force in England or Wales.

Northern Ireland

60

The F2Northern Ireland Policing Board.

61

The Chief Constable of the F3Police Service of Northern Ireland.

Miscellaneous

62

The British Transport Police.

63

The Ministry of Defence Police established by section 1 of the M63Ministry of Defence Police Act 1987.

F9763A

The Civil Nuclear Police Authority.

63B

The chief constable of the Civil Nuclear Constabulary.

64

Any person who—

a

by virtue of any enactment has the function of nominating individuals who may be appointed as special constables by justices of the peace, and

b

is not a public authority by virtue of any other provision of this Act,

in respect of information relating to the exercise by any person appointed on his nomination of the functions of a special constable.

C50Part VI Other public bodies and offices: general

Annotations:

Modifications etc. (not altering text)

C50

Sch. 1 Pt. 6 modified (temp.) (1.4.2015) by The Local Audit and Accountability Act 2014 (Commencement No. 7, Transitional Provisions and Savings) Order 2015 (S.I. 2015/841), Sch. para. 8

F20The Adjudication Panel for Wales.
F349...
F371The adjudicators appointed under section 25 of the School Standards and Framework Act 1998.
The Administration of Radioactive Substances Advisory Committee.
F544...
F207...
F136...
F656...
The Advisory Board on the Registration of Homoeopathic Products.
F157...
F372The Advisory Committee on Clinical Excellence Awards.
F656...
The Advisory Committee for the Public Lending Right.
F136...
F349...
The Advisory Committee on Animal Feedingstuffs.
The Advisory Committee on Borderline Substances.
The Advisory Committee on Business and the Environment.
The Advisory Committee on Business Appointments.
The Advisory Committee on Conscientious Objectors.
F349...
The Advisory Committee on Dangerous Pathogens.
F381...
F295...
The Advisory Committee on the Government Art Collection
F432...
F656...
An Advisory Committee on Justices of the Peace in England and Wales.
The Advisory Committee on the Microbiological Safety of Food.
F136...
The Advisory Committee on Novel Foods and Processes.
F656...
The Advisory Committee on Overseas Economic and Social Research.
The Advisory Committee on Packaging.
F603...
The Advisory Committee on Releases to the Environment.
F138The Advisory Committee on Statute Law.
F112The Advisory Committee on Telecommunications for the Disabled and Elderly.
F652...
The Advisory Council on the Misuse of Drugs.
The Advisory Council on Public Records.
The Advisory Group on Hepatitis.
F113The Advisory Council on Historical Manuscripts.
F114The Advisory Council on National Records and Archives.
F115The Advisory Group on Medical Countermeasures.
F547...
F656...
F547...
F455The Advisory Panel on Substance Misuse.
F698An advocate for victims of major incidents appointed under Part 2 of the Victims and Prisoners Act 2024.
F656...
An Agricultural Dwelling House Advisory Committee.
F611...
An Agricultural Wages Committee.
F656...
F273The Agriculture and Horticulture Development Board.
F656...
F116The Air Quality Expert Group.
F493...
F21The All-Wales Medicines Strategy Group.
F195...
F547...
F532The Animal Sentience Committee.
The Animal Welfare Advisory Committee.
F136...
F641...
F139The Architects Registration Board.
The Armed Forces Pay Review Body.
F517...
The Arts Council of England.
The Arts Council of Wales.
F368An assessor appointed for the purposes of section 133 of the Criminal Justice Act 1988 in its application to England and Wales.
~~F573The Audit Commission for Local Authorities and the National Health Service in England and Wales.~~
The Auditor General for Wales.
F214...
The Bank of England F559(including the Bank in its capacity as the Prudential Regulation Authority), in respect of information held for purposes other than those of its functions with respect to—
- (a) monetary policy,
- (b) financial operations intended to support financial institutions for the purposes of maintaining stability, and
- (c) the provision of private banking services and related services.
The Better Regulation Task Force.
F276The Big Lottery Fund
F517...
F474The Biometrics and Forensics Ethics Group.
F162The Board of the Pension Protection Fund.
F211...
The Britain-Russia Centre and East-West Centre.
F656...
The British Broadcasting Corporation, in respect of information held for purposes other than those of journalism, art or literature.
F656...
The British Council.
F547...
F455The British Film Institute.
The British Hallmarking Council.
The British Library.
The British Museum.
The British Pharmacopoeia Commission.
F274...
The British Railways Board.
F642...
The British Tourist Authority.
F172The British Transport Police Authority.
F647...
The British Wool Marketing Board.
The Broadcasting Standards Commission.
F361...
F635...
F348The Building Regulations Advisory Committee for Wales.
F185...
F630Canal & River Trust, in respect of information held by it relating to functions exercisable by it by virtue of the British Waterways Board (Transfer of Functions) Order 2012 ( S.I. 2012/1659).
F621...
F265The Care Quality Commission.
The Central Advisory Committee on War Pensions.
F15...
F203...
The Central Rail Users’ Consultative Committee.
F22The Certification Officer.
The Channel Four Television Corporation, in respect of information held for purposes other than those of journalism, art or literature.
F382...
F643The chief inspector of constabulary appointed under section 54(1) of the Police Act 1996.
F547...
F667...
F527...
The Children and Family Court Advisory and Support Service.
F180The Children's Commissioner.
F23The Children’s Commissioner for Wales.
F554The Citizen Voice Body for Health and Social Care, Wales.
The Civil Aviation Authority.
The Civil Justice Council.
The Civil Procedure Rule Committee.
The Civil Service Appeal Board.
F335The Civil Service Commission
The Coal Authority.
F624The College of Policing.
F574Comisiynydd y Gymraeg (The Welsh Language Commissioner).
F547...
F196The Commission for Equality and Human Rights.
F111...
F305...
F341The Commission on Human Medicines.
F547...
The Commission for Local Administration in England.
F189...
F269...
F205...
F553...
F305...
F683The Commission for Tertiary Education and Research.
F185...
F200The Commissioner for Older People in Wales.
F661The Commissioner for Patient Safety.
The Commissioner for Public Appointments.
F373The Commissioner for Victims and Witnesses.
F24The Commissioners of Northern Lighthouses.
F383...
F199...
F613...
The Committee on Carcinogenicity of Chemicals in Food, Consumer Products and the Environment.
F349...
F271The Committee on Climate Change.
F455The Committee on Fuel Poverty.
F350...
The Committee on Medical Aspects of Radiation in the Environment.
The Committee on Mutagenicity of Chemicals in Food, Consumer Products and the Environment.
F455The Committee for the Protection of Animals Used for Scientific Purposes.
F140The Committee on Radioactive Waste Management.
F117The Committee on Safety of Devices.
The Committee on Standards in Public Life.
The Committee on Toxicity of Chemicals in Food, Consumer Products and the Environment.
The Committee on the Medical Effects of Air Pollutants.
F384...
The Commonwealth Scholarship Commission in the United Kingdom.
F118Communications for Business.
F668The company formed under section 3 of the Parliamentary Buildings (Restoration and Renewal) Act 2019.
F547...
F604...
F119The Competition Service.
F334Compliance Officer for the Independent Parliamentary Standards Authority.
F427The Comptroller and Auditor General.
F181A conservation board established under section 86 of the Countryside and Rights of Way Act 2000.
The Construction Industry Training Board.
Consumer Communications for England.
F25The Consumer Council for Postal Services.
F277The Consumer Council for Water
F136...
F106The Consumer Panel established under section 16 of the Communications Act 2003.
F199...
F14...
F385...
F449...
The Council for Science and Technology.
F208...
F199...
F578...
F576...
The Covent Garden Market Authority.
The Criminal Cases Review Commission.
F279...
F26The Criminal Injuries Compensation Authority.
The Criminal Justice Consultative Council.
F173The Criminal Procedure Rule Committee.
F469...
The Dartmoor Steering Group and Working Party.
The Darwin Advisory Committee.
The Defence Nuclear Safety Committee.
The Defence Scientific Advisory Council.
F686The Democracy and Boundary Commission Cymru.
F547...
F136...
F656...
F588...
F450The Director General of the Independent Office for Police Conduct.
F460Director of Labour Market Enforcement
F547...
F498...
F205...
The Disabled Persons Transport Advisory Committee.
F397The Disclosure and Barring Service.
F656...
F445The Domestic Abuse Commissioner.
F141The East of England Industrial Development Board.
F455The Ebbsfleet Development Corporation.
F517...
F136...
F474The Education Workforce Council.
F27The Electoral Commission.
F136...
The Engineering Construction Industry Training Board.
F517...
F10...
F199...
The English Sports Council.
The English Tourist Board.
The Environment Agency.
F206...
F547...
F656...
The Expert Advisory Group on AIDS.
F351...
An Expert Panel on Air Quality Standards.
The Export Guarantees Advisory Council.
F174The Family Justice Council.
F175The Family Procedure Rule Committee.
The Family Proceedings Rules Committee.
F547...
F656...
F477The Financial Conduct Authority.
F120The Financial Reporting Advisory Board.
F646...
The Fire Services Examination Board.
F656...
F669Flood and Coastal Erosion Committee or Pwyllgor Llifogydd ac Erydu Arfordirol.
F398The Forensic Science Regulator.
F352...
F504...
F366...
The Fuel Cell Advisory Panel.
F547...
F455The Future Generations Commissioner for Wales.
F136...
F178The Gaelic Media Service, in respect of information held for purposes other than those of journalism, art or literature.
F167Gambling Commission
F637Gangmasters and Labour Abuse Authority
F28The Gas and Electricity Consumer Council.
F136...
The Gene Therapy Advisory Committee.
The General Chiropractic Council.
The General Dental Council.
The General Medical Council.
F176The General Optical Council.
The General Osteopathic Council.
F338The General Pharmaceutical Council.
F620...
F405...
F621...
F386...
The Government Hospitality Advisory Committee for the Purchase of Wine.
The Government Chemist.
F121The Government-Industry Forum on Non-Food Use of Crops.
The Great Britain-China Centre.
F447Groceries Code Adjudicator.
F298...
The Health and Safety Executive.
F513The Health and Care Professions Council
F577...
F491...
F489The Health Research Authority.
The Health Service Commissioner for England.
F679The Health Services Safety Investigations Body.
F189...
F266...
F4Her Majesty’s Chief Inspector of Education and Training in Wales or Prif Arolygydd Ei Mawrhydi dros Addysg a Hyfforddiant yng Nghymru.
F369Her Majesty's Chief Inspector of Prisons.
F142Her Majesty’s Commissioners for Judicial Appointments.
F370Her Majesty's Inspectorate of Probation for England and Wales.
F342The Herbal Medicines Advisory Committee.
F485...
F696...
F157...
F157...
F194...
The Historic Buildings and Monuments Commission for England.
The Historic Royal Palaces Trust.
F274...
F268The Homes and Communities Agency.
F136...
The Horserace Betting Levy Board.
The Horserace Totalisator Board.
F274...
Horticulture Research International.
The House of Lords Appointments Commission.
Any housing action trust established under Part III of the M64Housing Act 1988.
F455The Housing Ombudsman.
F270...
The Human Fertilisation and Embryology Authority.
The Human Genetics Commission.
F160The Human Tissue Authority.
The Immigration Services Commissioner.
The Imperial War Museum.
F343The Independent Advisory Committee on Development Impact.
F122The Independent Advisory Group on Teenage Pregnancy.
F584The Independent Anti-slavery Commissioner
F547...
The Independent Case Examiner for the Child Support Agency.
F455The Independent Chief Inspector of Borders and Immigration.
F455The Independent Commission for Aid Impact.
F684The Independent Commission for Reconciliation and Information Recovery.
F177The Independent Groundwater Complaints Administrator.
The Independent Living Funds.
F210Any Independent Monitoring Board established under section 6(2) of the Prison Act 1952.
F455The Independent Monitoring Board for the Military Corrective Training Centre.
F450The Independent Office for Police Conduct.
F288The Independent Parliamentary Standards Authority.
F552...
F421...
F344The Independent Remuneration Panel for Wales.
F143The Independent Review Panel for Advertising.
F144The Independent Review Panel for Borderline Products.
F626...
F656...
F700The Independent System Operator and Planner designated in accordance with section 162 of the Energy Act 2023 in respect of information held by it as a result of the exercise of its functions under, or as a consequence of, that Act
The Independent Television Commission.
F474The Independent Welsh Pay Review Body.
F136...
The Industrial Development Advisory Board.
The Industrial Injuries Advisory Council.
F685The Infected Blood Compensation Authority.
The Information Commissioner.
F402...
F419...
The Insolvency Rules Committee.
F437The Institute for Apprenticeships F496and Technical Education.
F5The Insurance Brokers Registration Council.
F123The Integrated Administration and Controls System Appeals Panel.
F124The Intellectual Property Advisory Committee.
F656...
The Joint Committee on Vaccination and Immunisation.
The Joint Nature Conservation Committee.
The Joint Prison/Probation Accreditation Panel.
F188The Judicial Appointments and Conduct Ombudsman.
F187The Judicial Appointments Commission.
F621...
F353...
The Land Registration Rule Committee.
The Law Commission.
F362...
F656...
F212The Legal Services Board.
F557...
F302...
F303...
F304...
F137...
F521...
F687...
F290The Local Government Boundary Commission for England.
F547...
F291...
A local probation board established under section 4 of the Criminal Justice and Court Services Act 2000.
F145The London and South East Industrial Development Board.
The London Pensions Fund Authority.
The Low Pay Commission.
F605...
F292The Marine Management Organisation.
The Marshall Aid Commemoration Commission.
The Measurement Advisory Committee.
F274...
F136...
F517...
F136...
F354...
F374The Migration Advisory Committee.
F274...
F201...
F506The Money and Pensions Service.
F428...
The Museum of London.
The National Army Museum.
F337The National Assembly for Wales Remuneration Board.
F463The National Association of Citizens Advice F653Bureaux—
(a) in respect of information relating to the function exercisable by virtue of article 2 of the Public Bodies (The Office of Fair Trading Transfer of Consumer Advice Scheme Function and Modification of Enforcement Functions) Order 2013 S.I. 2013/783.
F623 (b) in respect of information relating to the functions transferred to it by Article 3(1)(a), (b) or (c) of the Public Bodies (Abolition of the National Consumer Council and Transfer of the Office of Fair Trading’s Functions in relation to Estate Agents etc) Order 2014 (S.I. 2014/631).
F424The National Audit Office.
F267...
F355...
F468The National Citizen Service Trust.
F412...
F168...
F192...
F518 The National Data Guardian for Health and Social Care.
F621...
The National Employers’ Liaison Committee.
F656...
F375The National Employment Savings Trust Corporation.
F523...
F185...
F125The National Forest Company.
The National Gallery.
The National Heritage Memorial Fund.
F455The National Independent Safeguarding Board.
F336...
F404...
F500The National Institute for Health and Care Excellence.
The National Library of Wales.
F201...
F618...
The National Maritime Museum.
The National Museum of Science and Industry.
The National Museums and Galleries of Wales.
The National Museums and Galleries on Merseyside.
F345The National Non-Food Crops Centre.
F599...
The National Portrait Gallery.
F159...
F198Natural England.
F517...
The Natural History Museum.
F570The Natural Resources Body for Wales.
F656...
F202...
F376The NHS Pay Review Body.
F146The North East Industrial Development Board.
F197The Northern Ireland Judicial Appointments Ombudsman.
F147The North West Industrial Development Board.
F158The Nuclear Decommissioning Authority.
F126The Nuclear Research Advisory Council.
F13The Nursing and Midwifery Council.
F164...
F363The Office for Budget Responsibility.
F16The Office of Communications.
F444The Office for Environmental Protection.
F429...
F387...
F213The Office for Legal Complaints.
F127The Office of Manpower Economics.
F607The Office for Nuclear Regulation.
F547...
F617The Office for Students.
F665...
F590...
The Oil and Pipelines Agency.
F616...
F656...
F656...
F163The Ombudsman for the Board of the Pension Protection Fund.
The OSO Board.
F356...
F656...
The Parliamentary Boundary Commission for England.
The Parliamentary Boundary Commission for Scotland.
The Parliamentary Boundary Commission for Wales.
The Parliamentary Commissioner for Administration.
F675The Parliamentary Works Estimates Commission.
F548...
The Parole Board.
F388...
F309...
F592The Passengers' Council.
F426The Payment Systems Regulator established under section 40 of the Financial Services (Banking Reform) Act 2013.
F165...
The Pensions Ombudsman.
F161The Pensions Regulator.
F389...
F128The Pesticide Residues Committee.
F148The Pesticides Forum.
F185...
F136...
F593...
F149The Police Advisory Board for England and Wales.
F215...
F204...
F492...
F674The Police Remuneration Review Body.
The Political Honours Scrutiny Committee.
F364...
F136...
F136...
F340...
F150The Prison Service Pay Review Body.
F377The Prisons and Probation Ombudsman for England and Wales.
F275A probation trust.
F594The Professional Standards Authority for Health and Social Care
F157...
F465...
F151The Public Private Partnership Agreement Arbiter.
F191The Public Services Ombudsman for Wales
F541Pubs Code Adjudicator.
F169...
F438...
F484Qualifications Wales.
F656...
The Race Relations Forum.
The Radio Authority.
The Radioactive Waste Management Advisory Committee.
F166...
F644...
F656...
F663... F659....
F396Any Regional Flood and Coastal Committee.
F435The Registrar of Consultant Lobbyists
F179The Registrar General for England and Wales.
F164...
F608...
F346The Regulator of Community Interest Companies.
F418The Regulator of Social Housing
F455The Regulatory Policy Committee.
F547...
The Renewable Energy Advisory Committee.
F390...
F656...
F530...
F391...
The Review Body on Doctors and Dentists Remuneration.
The Reviewing Committee on the Export of Works of Art.
The Royal Air Force Museum.
The Royal Armouries.
The Royal Botanic Gardens, Kew.
F182The Royal College of Veterinary Surgeons, in respect of information held by it otherwise than as a tribunal.
The Royal Commission on Ancient and Historical Monuments of Wales.
F656...
The Royal Commission on Historical Manuscripts.
F152The Royal Hospital at Chelsea.
F157...
The Royal Mint Advisory Committee on the Design of Coins, Medals, Seals and Decorations.
F339...
The School Teachers’ Review Body.
F347The Science Advisory Council.
F517...
F129The Scientific Advisory Committee on Nutrition.
The Scientific Committee on Tobacco and Health.
F108...
F550...
F209...
The Sea Fish Industry Authority.
F30The Security Industry Authority
The Senior Salaries Review Body.
F293The Sentencing Council for England and Wales.
F294...
F294...
F193...
F455The Service Complaints Ombudsman.
F456Service Police Complaints Commissioner.
Sianel Pedwar Cymru, in respect of information held for purposes other than those of journalism, art or literature.
F520...
F645The Single Source Regulations Office.
Sir John Soane’s Museum.
F157...
F591Small Business Commissioner.
F130The Small Business Council.
F656...
F131The Social Care Institute for Excellence.
F474Social Care Wales.
F514...
F515The Social Mobility and Child Poverty Commission
The Social Security Advisory Committee.
F357...
F672Social Work England.
F153The South West Industrial Development Board.
F358...
F656...
The Sports Council for Wales.
F365The Sports Grounds Safety Authority.
F540...
The Standing Advisory Committee on Industrial Property.
The Standing Advisory Committee on Trunk Road Assessment.
The Standing Dental Advisory Committee.
F185...
F185...
F185...
F132The Statistics Commission.
The Steering Committee on Pharmacy Postgraduate Education.
F133The Strategic Investment Board.
F236...
F656...
The Substance Misuse Advisory Panel.
F455The Surveillance Camera Commissioner.
F656...
F136...
F154The Sustainable Energy Policy Advisory Board.
The Tate Gallery.
F278The TB Advisory Group
F186...
F134The Technical Advisory Board.
F517...
The Theatres Trust.
F580The Trade Remedies Authority.
F549A traffic commissioner, in respect of information held by the commissioner otherwise than as a tribunal
F529...
The Treasure Valuation Committee.
F378The Tribunal Procedure Committee.
F272The trustee corporation established by section 75 of the Pensions Act 2008.
The UK Advisory Panel for Health Care Workers Infected with Bloodborne Viruses.
F135The UK Chemicals Stakeholder Forum.
F656...
The UK Sports Council.
The United Kingdom Atomic Energy Authority.
F12...
F157...
F519United Kingdom Research and Innovation.
F392...
F183The University for Industry.
The Unlinked Anonymous Serosurveys Steering Group.
The Unrelated Live Transplant Regulatory Authority.
F269...
F110The Valuation Tribunal Service.
F184The verderers of the New Forest, in respect of information held by them otherwise than as a tribunal.
The Veterinary Products Committee.
F656...
The Victoria and Albert Museum.
F443The Wales Audit Office.
F107The Wales Centre for Health.
F136...
F170...
The Wallace Collection.
The War Pensions Committees.
F359...
F190...
F109...
The Welsh Committee for Professional Development of Pharmacy.
F542...
The Welsh Dental Committee.
F171...
The Welsh Industrial Development Advisory Board.
F408...
The Welsh Medical Committee.
F11...
The Welsh Nursing and Midwifery Committee.
The Welsh Optometric Committee.
The Welsh Pharmaceutical Committee.
F678The Welsh Revenue Authority.
The Welsh Scientific Advisory Committee.
The Westminster Foundation for Democracy.
F155The West Midlands Industrial Development Board.
The Wilton Park Academic Council.
F360...
F656...
F156The Yorkshire and the Humber and the East Midlands Industrial Development Board.
F441...
The Youth Justice Board for England and Wales.
The Zoos Forum.

Part VII Other public bodies and offices: Northern Ireland

F229An advisory committee established under paragraph 25 of the Health and Personal Social Services (Northern Ireland) Order 1972.
F301...
The Advisory Committee on Justices of the Peace in Northern Ireland.
F238...
F425...
F246...
The Agricultural Wages Board for Northern Ireland.
F245The Agri-food and Biosciences Institute
The Arts Council of Northern Ireland.
The Assembly Ombudsman for Northern Ireland.
F252The Attorney General for Northern Ireland.
F31The Belfast Harbour Commissioners.
The Board of Trustees of National Museums and Galleries of Northern Ireland.
F255...
The Boundary Commission for Northern Ireland.
F228A central advisory committee established under paragraph 24 of the Health and Personal Social Services (Northern Ireland) Order 1972.
F32The Certification Officer for Northern Ireland.
The Charities Advisory Committee.
F283The Charity Commission for Northern Ireland
The Chief Electoral Officer for Northern Ireland.
F218The Chief Inspector of Criminal Justice in Northern Ireland.
The Civil Service Commissioners for Northern Ireland.
F219Comhairle na Gaelscolaíochta.
F280The Commission for Victims and Survivors for Northern Ireland
F217The Commissioner for Children and Young People for Northern Ireland
F670The Commissioner for Older People for Northern Ireland
The Commissioner for Public Appointments for Northern Ireland.
F651Commissioner for the Ulster Scots and the Ulster British tradition.
F281...
The Construction Industry Training Board.
The consultative Civic Forum referred to in section 56(4) of the M65Northern Ireland Act 1998.
The Council for Catholic Maintained Schools.
The Council for Nature Conservation and the Countryside.
The County Court Rules Committee (Northern Ireland).
F220The Criminal Injuries Compensation Appeals Panel for Northern Ireland, in relation to information held by it otherwise than as a tribunal.
F216A development corporation established under Part III of the Strategic Investment and Regeneration of Sites (Northern Ireland) Order 2003
F671...
The Distinction and Meritorious Service Awards Committee.
F508...
The Drainage Council for Northern Ireland.
F562The Education Authority
F300...
The Equality Commission for Northern Ireland.
The Family Proceedings Rules Committee (Northern Ireland).
F248...
F306...
The General Consumer Council for Northern Ireland.
F221The General Teaching Council for Northern Ireland.
F222The Governors of the Armargh Observatory and Planetarium.
F223The Harbour of Donaghadee Commissioners.
The Health and Safety Agency for Northern Ireland.
The Historic Buildings Council.
The Historic Monuments Council.
The Independent Assessor of Military Complaints Procedures in Northern Ireland.
The Independent Commissioner for Holding Centres.
F367The Independent Financial Review Panel
F256An independent monitoring board appointed under section 10 of the Prison Act (Northern Ireland) 1953.
The Independent Reviewer of the Northern Ireland (Emergency Provisions) Act.
F18...
F18...
F17Invest Northern Ireland
F651Irish Language Commissioner.
F237...
The Labour Relations Agency.
F307...
F394...
The Lay Observer for Northern Ireland.
F237...
F395...
F296...
The Livestock & Meat Commission for Northern Ireland.
F18...
The Local Government Staff Commission.
F33The Londonderry Port and Harbour Commissioners.
The Magistrates’ Courts Rules Committee (Northern Ireland).
F299...
F227...
The Northern Ireland Audit Office.
F249The Northern Ireland Authority for Utility Regulation.
The Northern Ireland Building Regulations Advisory Committee.
The Northern Ireland Civil Service Appeal Board.
The Northern Ireland Commissioner for Complaints.
The Northern Ireland Community Relations Council.
F237...
The Northern Ireland Council for the Curriculum, Examinations and Assessment.
F237...
F254The Northern Ireland Court of Judicature Rules Committee.
The Northern Ireland Crown Court Rules Committee.
F244...
F243The Northern Ireland Events Company.
F247The Northern Ireland Fire and Rescue Service Board
The Northern Ireland Fishery Harbour Authority.
F240The Northern Ireland Health and Personal Social Services Regulation and Improvement Authority.
F511...
The Northern Ireland Housing Executive.
The Northern Ireland Human Rights Commission.
The Northern Ireland Insolvency Rules Committee.
F239The Northern Ireland Judicial Appointments Commission.
F251The Northern Ireland Law Commission.
F579...
F282The Northern Ireland Library Authority
The Northern Ireland Local Government Officers’ Superannuation Committee.
The Northern Ireland Museums Council.
F308...
F224The Northern Ireland Practice and Education Council for Nursing and Midwifery.
F225The Northern Ireland Social Care Council.
F253...
The Northern Ireland Tourist Board.
The Northern Ireland Transport Holding Company.
F250...
F244...
F651The Office of Identity and Cultural Expression.
The Parades Commission.
F297Parole Commissioners for Northern Ireland
F242The Pharmaceutical Society of Northern Ireland, in respect of information held by it otherwise than as a tribunal.
F241The Poisons Board (Northern Ireland).
The Police Ombudsman for Northern Ireland.
F512A policing and community safety partnership or a district policing and community safety partnership established under Part 3 of the Justice (Northern Ireland) Act 2011.
F379The Prisoner Ombudsman for Northern Ireland.
The Probation Board for Northern Ireland.
F380The Royal Ulster Constabulary George Cross Foundation.
The Rural Development Council for Northern Ireland.
F507The Safeguarding Board for Northern Ireland
The Sentence Review Commissioners appointed under section 1 of the M66Northern Ireland (Sentences) Act 1998.
F481...
F655The discretionary support Commissioner appointed under Article 136 of the Welfare Reform (Northern Ireland) Order 2015.
The Sports Council for Northern Ireland.
F511...
The Statistics Advisory Committee.
The Statute Law Committee for Northern Ireland.
F508...
~~F237The Training and Employment Agency.~~
Ulster Supported Employment Ltd.
F538The Victims’ Payments Board, in relation to its administrative functions.
F34The Warrenpoint Harbour Authority.
F226The Waste Management Advisory Board.
The Youth Council for Northern Ireland.

SCHEDULE 2 The Commissioner and the Tribunal

Section 18(4).

Part I Provision consequential on s. 18(1) and (2)

General

I251

1

In Part II of the Table in paragraph 3 of Schedule 1 to the Public Records Act 1958 (definition of public records), the entry relating to the Data Protection Commissioner is omitted and there is inserted at the appropriate place—

Information Commissioner.

2

F316. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Parliamentary Commissioner Act 1967 (c. 13)

4

In Schedule 2 to the Parliamentary Commissioner Act 1967 (departments etc. subject to investigation), the entry relating to the Data Protection Commissioner is omitted and there is inserted at the appropriate place—

Information Commissioner

5

F310. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Superannuation Act 1972 (c. 11)

6

In Schedule 1 to the Superannuation Act 1972 (employment with superannuation scheme), for “Data Protection Commissioner” there is substituted “ Information Commissioner ”.

Consumer Credit Act 1974 (c. 39)

7

In section 159 of the Consumer Credit Act 1974 (correction of wrong information), in subsections (7) and (8)(b), for “Data Protection Commissioner”, in both places where it occurs, there is substituted “ Information Commissioner ”.

House of Commons Disqualification Act 1975 (c. 24)

I278

1

In Part II of Schedule 1 to the House of Commons Disqualification Act 1975 (bodies whose members are disqualified), the entry relating to the Data Protection Tribunal is omitted and there is inserted at the appropriate place—

The Information Tribunal

2

In Part III of that Schedule (disqualifying offices), the entry relating to the Data Protection Commissioner is omitted and there is inserted at the appropriate place—

The Information Commissioner

Northern Ireland Assembly Disqualification Act 1975 (c. 25)

I289

1

In Part II of Schedule 1 to the Northern Ireland Assembly Disqualification Act 1975 (bodies whose members are disqualified), the entry relating to the Data Protection Tribunal is omitted and there is inserted at the appropriate place—

The Information Tribunal

2

In Part III of that Schedule (disqualifying offices), the entry relating to the Data Protection Commissioner is omitted and there is inserted at the appropriate place—

The Information Commissioner

Tribunals and Inquiries Act 1992 (c. 53)

I2910

In paragraph 14 of Part I of Schedule 1 to the Tribunals and Inquiries Act 1992 (tribunals under direct supervision of Council on Tribunals)—

a

in sub-paragraph (a), for “The Data Protection Commissioner” there is substituted “ The Information Commissioner ”, and

b

F317. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Judicial Pensions and Retirement Act 1993 (c. 8)

11

F311. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

12

In Schedule 7 to that Act (retirement dates: transitional provisions), in paragraph 5(5)(xxvi) for “the Data Protection Tribunal” there is substituted “ the Information Tribunal ”.

Data Protection Act 1998 (c. 29)

I3013

1

Section 6 of the Data Protection Act 1998 (the Data Protection Commissioner and the Data Protection Tribunal) is amended as follows.

2

For subsection (1) there is substituted—

1
For the purposes of this Act and of the Freedom of Information Act 2000 there shall be an officer known as the Information Commissioner (in this Act referred to as “the Commissioner”).

3

F318. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

I3114

In section 70(1) of that Act (supplementary definitions)—

a

in the definition of “the Commissioner”, for “the Data Protection Commissioner” there is substituted “ the Information Commissioner ”, and

b

F319. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

I3215

1

Schedule 5 to that Act (the Data Protection Commissioner and the Data Protection Tribunal) is amended as follows.

2

In paragraph 1(1), for “Data Protection Commissioner” there is substituted “ Information Commissioner ”.

3

Part III shall cease to have effect.

Part II Amendments relating to extension of functions of Commissioner and Tribunal

Interests represented by lay members of Tribunal

16

F312. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Expenses incurred under this Act excluded in calculating fees

17

F313. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Information provided to Commissioner or Tribunal

18

In section 58 of that Act (disclosure of information to Commissioner or Tribunal), after “this Act” there is inserted “ or the Freedom of Information Act 2000 ”.

19

1

Section 59 of that Act (confidentiality of information) is amended as follows.

2

In subsections (1) and (2), for “this Act”, wherever occurring, there is substituted “ the information Acts ”.

3

After subsection (3) there is inserted—

4
In this section “the information Acts” means this Act and the Freedom of Information Act 2000.

Deputy commissioners

20

1

Paragraph 4 of Schedule 5 to that Act (officers and staff) is amended as follows.

2

In sub-paragraph (1)(a), after “a deputy commissioner” there is inserted “ or two deputy commissioners ”.

3

After sub-paragraph (1) there is inserted—

1A
The Commissioner shall, when appointing any second deputy commissioner, specify which of the Commissioner’s functions are to be performed, in the circumstances referred to in paragraph 5(1), by each of the deputy commissioners.

Exercise of Commissioner’s functions by others

21

1

Paragraph 5 of Schedule 5 to that Act (exercise of functions of Commissioner during vacancy etc.) is amended as follows.

2

In sub-paragraph (1)—

a

after “deputy commissioner” there is inserted “ or deputy commissioners ”, and

b

after “this Act” there is inserted “ or the Freedom of Information Act 2000 ”.

3

In sub-paragraph (2) after “this Act” there is inserted “ or the Freedom of Information Act 2000 ”.

Money

22

In paragraph 9(1) of Schedule 5 to that Act (money) for “or section 159 of the Consumer Credit Act 1974” there is substituted “ , under section 159 of the Consumer Credit Act 1974 or under the Freedom of Information Act 2000 ”.

C29SCHEDULE 3 Powers of entry and inspection

Section 55.

Annotations:

Modifications etc. (not altering text)

C29

Sch. 3 applied (with modifications) (31.12.2009) by The INSPIRE Regulations 2009 (S.I. 2009/3157), {reg. 11(1)-(3)(9)}

Issue of warrants

I33 C21

1

If a circuit judge is satisfied by information on oath supplied by the Commissioner that there are reasonable grounds for suspecting—

a

ii

although entry to the premises was granted, the occupier unreasonably refused to comply with a request by the Commissioner or any of the Commissioner’s officers or staff to permit the Commissioner or the officer or member of staff to do any of the things referred to in paragraph 1(2), and

c

that the occupier, has, after the refusal, been notified by the Commissioner of the application for the warrant and has had an opportunity of being heard by the judge on the question whether or not it should be issued.

2

Sub-paragraph (1) shall not apply if the judge is satisfied that the case is one of urgency or that compliance with those provisions would defeat the object of the entry.

I353

A judge who issues a warrant under this Schedule shall also issue two copies of it and certify them clearly as copies.

Execution of warrants

I364

A person executing a warrant issued under this Schedule may use such reasonable force as may be necessary.

I375

A warrant issued under this Schedule shall be executed at a reasonable hour unless it appears to the person executing it that there are grounds for suspecting that the evidence in question would not be found if it were so executed.

I386

1

If the premises in respect of which a warrant is issued under this Schedule are occupied by a public authority and any officer or employee of the authority is present when the warrant is executed, he shall be shown the warrant and supplied with a copy of it; and if no such officer or employee is present a copy of the warrant shall be left in a prominent place on the premises.

2

If the premises in respect of which a warrant is issued under this Schedule are occupied by a person other than a public authority and he is present when the warrant is executed, he shall be shown the warrant and supplied with a copy of it; and if that person is not present a copy of the warrant shall be left in a prominent place on the premises.

I397

1

A person seizing anything in pursuance of a warrant under this Schedule shall give a receipt for it if asked to do so.

C32

Anything so seized may be retained for so long as is necessary in all the circumstances but the person in occupation of the premises in question shall be given a copy of anything that is seized if he so requests and the person executing the warrant considers that it can be done without undue delay.

Matters exempt from inspection and seizure

I408

The powers of inspection and seizure conferred by a warrant issued under this Schedule shall not be exercisable in respect of information which is exempt information by virtue of section 23(1) or 24(1).

I419

1

Subject to the provisions of this paragraph, the powers of inspection and seizure conferred by a warrant issued under this Schedule shall not be exercisable in respect of—

a

b

2

Sub-paragraph (1) applies also to—

a

any copy or other record of any such communication as is there mentioned, and

b

any document or article enclosed with or referred to in any such communication if made in connection with the giving of any advice or, as the case may be, in connection with or in contemplation of and for the purposes of such proceedings as are there mentioned.

3

This paragraph does not apply to anything in the possession of any person other than the professional legal adviser or his client or to anything held with the intention of furthering a criminal purpose.

4

In this paragraph references to the client of a professional legal adviser include references to any person representing such a client.

I4210

If the person in occupation of any premises in respect of which a warrant is issued under this Schedule objects to the inspection or seizure under the warrant of any material on the grounds that it consists partly of matters in respect of which those powers are not exercisable, he shall, if the person executing the warrant so requests, furnish that person with a copy of so much of the material in relation to which the powers are exercisable.

Return of warrants

I4311

A warrant issued under this Schedule shall be returned to the court from which it was issued—

a

after being executed, or

b

if not executed within the time authorised for its execution;

and the person by whom any such warrant is executed shall make an endorsement on it stating what powers have been exercised by him under the warrant.

Offences

I44 C3012

Any person who—

a

intentionally obstructs a person in the execution of a warrant issued under this Schedule, or

b

fails without reasonable excuse to give any person executing such a warrant such assistance as he may reasonably require for the execution of the warrant,

is guilty of an offence.

Vessels, vehicles etc.

I4513

In this Schedule “premises” includes any vessel, vehicle, aircraft or hovercraft, and references to the occupier of any premises include references to the person in charge of any vessel, vehicle, aircraft or hovercraft.

Scotland and Northern Ireland

I4614

In the application of this Schedule to Scotland—

a

for any reference to a circuit judge there is substituted a reference to the sheriff, and

b

for any reference to information on oath there is substituted a reference to evidence on oath.

I4715

In the application of this Schedule to Northern Ireland—

a

for any reference to a circuit judge there is substituted a reference to a county court judge, and

b

for any reference to information on oath there is substituted a reference to a complaint on oath.

F326 F326SCHEDULE 4

Annotations:

Amendments (Textual)

F326

Sch. 4 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. 72

Constitution of Tribunal in national security cases

1

In paragraph 2(1) of Schedule 6 to the M67Data Protection Act 1998 (constitution of Tribunal in national security cases), at the end there is inserted “ or under section 60(1) or (4) of the Freedom of Information Act 2000 ”.

I482

For paragraph 3 of that Schedule there is substituted—

3
The Tribunal shall be duly constituted—
a
for an appeal under section 28(4) or (6) in any case where the application of paragraph 6(1) is excluded by rules under paragraph 7, or
b
for an appeal under section 60(1) or (4) of the Freedom of Information Act 2000,
if it consists of three of the persons designated under paragraph 2(1), of whom one shall be designated by the Lord Chancellor to preside.

Constitution of Tribunal in other cases

C313

1

Paragraph 4 of that Schedule (constitution of Tribunal in other cases) is amended as follows.

2

After sub-paragraph (1) there is inserted—

1A
Subject to any rules made under paragraph 7, the Tribunal shall be duly constituted for an appeal under section 57(1) or (2) of the Freedom of Information Act 2000 if it consists of—
a
the chairman or a deputy chairman (who shall preside), and
b
an equal number of the members appointed respectively in accordance with paragraphs (aa) and (bb) of section 6(6).

3

In sub-paragraph (2), after “(1)” there is inserted “ or (1A) ”.

Rules of procedure

C324

1

Paragraph 7 of that Schedule (rules of procedure) is amended as follows.

2

In sub-paragraph (1), for the words from “regulating” onwards there is substituted

regulating—
a
the exercise of the rights of appeal conferred—
i
by sections 28(4) and (6) and 48, and
ii
by sections 57(1) and (2) and section 60(1) and (4) of the Freedom of Information Act 2000, and
b
the practice and procedure of the Tribunal.

3

In sub-paragraph (2), after paragraph (a) there is inserted—

aa
for the joinder of any other person as a party to any proceedings on an appeal under the Freedom of Information Act 2000,
ab
for the hearing of an appeal under this Act with an appeal under the Freedom of Information Act 2000,

SCHEDULE 5 Amendments of public records legislation

Section 67.

Part I Amendments of Public Records Act 1958

Functions of Advisory Council on Public Records

1

In section 1 of the M68Public Records Act 1958 (general responsibility of the Lord Chancellor for public records), after subsection (2) there is inserted—

2A
The matters on which the Advisory Council on Public Records may advise the Lord Chancellor include matters relating to the application of the Freedom of Information Act 2000 to information contained in public records which are historical records within the meaning of Part VI of that Act.

Access to public records

2

1

Section 5 of that Act (access to public records) is amended in accordance with this paragraph.

2

Subsections (1) and (2) are omitted.

3

For subsection (3) there is substituted—

3
It shall be the duty of the Keeper of Public Records to arrange that reasonable facilities are available to the public for inspecting and obtaining copies of those public records in the Public Record Office which fall to be disclosed in accordance with the Freedom of Information Act 2000.

4

Subsection (4) and, in subsection (5), the words from “and subject to” to the end are omitted.

3

Schedule 2 of that Act (enactments prohibiting disclosure of information obtained from the public) is omitted.

Power to extend meaning of “public records”

4

In Schedule 1 to that Act (definition of public records) after the Table at the end of paragraph 3 there is inserted—

3A
1
Her Majesty may by Order in Council amend the Table at the end of paragraph 3 of this Schedule by adding to either Part of the Table an entry relating to any body or establishment—
a
which, at the time when the Order is made, is specified in Schedule 2 to the Parliamentary Commissioner Act 1967 (departments, etc. subject to investigation), or
b
in respect of which an entry could, at that time, be added to Schedule 2 to that Act by an Order in Council under section 4 of that Act (which confers power to amend that Schedule).
2
An Order in Council under this paragraph may relate to a specified body or establishment or to bodies or establishments falling within a specified description.
3
An Order in Council under this paragraph shall be subject to annulment in pursuance of a resolution of either House of Parliament.

Part II Amendment of Public Records Act (Northern Ireland) 1923

5

After section 5 of the M69Public Records Act (Northern Ireland) 1923 (deposit of documents in Record Office by trustees or other persons) there is inserted—

5A Access to public records
It shall be the duty of the Deputy Keeper of the Records of Northern Ireland to arrange that reasonable facilities are available to the public for inspecting and obtaining copies of those public records in the Public Record Office of Northern Ireland which fall to be disclosed in accordance with the Freedom of Information Act 2000.

SCHEDULE 6 Further amendments of Data Protection Act 1998

Section 73.

Request by data controller for further information

1

In section 7 of the M70Data Protection Act 1998 (right of access to personal data), for subsection (3) there is substituted—

3
Where a data controller—
a
reasonably requires further information in order to satisfy himself as to the identity of the person making a request under this section and to locate the information which that person seeks, and
b
has informed him of that requirement,
the data controller is not obliged to comply with the request unless he is supplied with that further information.

Parliament

I492

After section 35 of that Act there is inserted—

35A Parliamentary privilege.
Personal data are exempt from—
a
the first data protection principle, except to the extent to which it requires compliance with the conditions in Schedules 2 and 3,
b
the second, third, fourth and fifth data protection principles,
c
section 7, and
d
sections 10 and 14(1) to (3),
if the exemption is required for the purpose of avoiding an infringement of the privileges of either House of Parliament.

I503

After section 63 of that Act there is inserted—

63A Application to Parliament.
1
Subject to the following provisions of this section and to section 35A, this Act applies to the processing of personal data by or on behalf of either House of Parliament as it applies to the processing of personal data by other persons.
2
Where the purposes for which and the manner in which any personal data are, or are to be, processed are determined by or on behalf of the House of Commons, the data controller in respect of those data for the purposes of this Act shall be the Corporate Officer of that House.
3
Where the purposes for which and the manner in which any personal data are, or are to be, processed are determined by or on behalf of the House of Lords, the data controller in respect of those data for the purposes of this Act shall be the Corporate Officer of that House.
4
Nothing in subsection (2) or (3) is to be taken to render the Corporate Officer of the House of Commons or the Corporate Officer of the House of Lords liable to prosecution under this Act, but section 55 and paragraph 12 of Schedule 9 shall apply to a person acting on behalf of either House as they apply to any other person.

I514

In Schedule 2 to that Act (conditions relevant for the purposes of the first data protection principle: processing of any personal data) in paragraph 5 after paragraph (a) there is inserted—

aa
for the exercise of any functions of either House of Parliament,

I525

In Schedule 3 to that Act (conditions relevant for the purposes of the first data protection principle: processing of sensitive personal data) in paragraph 7 after paragraph (a) there is inserted—

aa
for the exercise of any functions of either House of Parliament,

Honours

6

In Schedule 7 to that Act (miscellaneous exemptions) in paragraph 3(b) (honours) after “honour” there is inserted “ or dignity ”.

Legal professional privilege

7

In paragraph 10 of that Schedule (legal professional privilege), for the words “or, in Scotland, to confidentiality as between client and professional legal adviser,” there is substituted “ or, in Scotland, to confidentiality of communications ”.

Extension of transitional exemption

8

In Schedule 14 to that Act (transitional provisions), in paragraph 2(1) (which confers transitional exemption from the prohibition on processing without registration on those registered under the Data Protection Act 1984) the words “or, if earlier, 24th October 2001” are omitted.

SCHEDULE 7 Disclosure of information by ombudsmen

Section 76(2).

The Parliamentary Commissioner for Administration

1

At the end of section 11 of the M71Parliamentary Commissioner Act 1967 (provision for secrecy of information) there is inserted—

5
Information obtained from the Information Commissioner by virtue of section 76(1) of the Freedom of Information Act 2000 shall be treated for the purposes of subsection (2) of this section as obtained for the purposes of an investigation under this Act and, in relation to such information, the reference in paragraph (a) of that subsection to the investigation shall have effect as a reference to any investigation.

2

After section 11A of that Act there is inserted—

11AA Disclosure of information by Parliamentary Commissioner to Information Commissioner.
1
The Commissioner may disclose to the Information Commissioner any information obtained by, or furnished to, the Commissioner under or for the purposes of this Act if the information appears to the Commissioner to relate to—
a
a matter in respect of which the Information Commissioner could exercise any power conferred by—
i
Part V of the Data Protection Act 1998 (enforcement),
ii
section 48 of the Freedom of Information Act 2000 (practice recommendations), or
iii
Part IV of that Act (enforcement), or
b
the commission of an offence under—
i
any provision of the Data Protection Act 1998 other than paragraph 12 of Schedule 9 (obstruction of execution of warrant), or
ii
section 77 of the Freedom of Information Act 2000 (offence of altering etc. records with intent to prevent disclosure).
2
Nothing in section 11(2) of this Act shall apply in relation to the disclosure of information in accordance with this section.

The Commissions for Local Administration in England and Wales

3

In section 32 of the M72Local Government Act 1974 (law of defamation, and disclosure of information) after subsection (6) there is inserted—

7
Information obtained from the Information Commissioner by virtue of section 76 of the Freedom of Information Act 2000 shall be treated for the purposes of subsection (2) above as obtained for the purposes of an investigation under this Part of this Act and, in relation to such information, the reference in paragraph (a) of that subsection to the investigation shall have effect as a reference to any investigation.

4

After section 33 of that Act there is inserted—

33A Disclosure of information by Local Commissioner to Information Commissioner.
1
A Local Commissioner may disclose to the Information Commissioner any information obtained by, or furnished to, the Local Commissioner under or for the purposes of this Part of this Act if the information appears to the Local Commissioner to relate to—
a
a matter in respect of which the Information Commissioner could exercise any power conferred by—
i
Part V of the Data Protection Act 1998 (enforcement),
ii
section 48 of the Freedom of Information Act 2000 (practice recommendations), or
iii
Part IV of that Act (enforcement), or
b
the commission of an offence under—
i
any provision of the Data Protection Act 1998 other than paragraph 12 of Schedule 9 (obstruction of execution of warrant), or
ii
section 77 of the Freedom of Information Act 2000 (offence of altering etc. records with intent to prevent disclosure).
2
Nothing in section 32(2) of this Act shall apply in relation to the disclosure of information in accordance with this section.

The Health Service Commissioners

5

At the end of section 15 of the M73Health Service Commissioners Act 1993 (confidentiality of information) there is inserted—

4
Information obtained from the Information Commissioner by virtue of section 76 of the Freedom of Information Act 2000 shall be treated for the purposes of subsection (1) as obtained for the purposes of an investigation and, in relation to such information, the reference in paragraph (a) of that subsection to the investigation shall have effect as a reference to any investigation.

6

After section 18 of that Act there is inserted—

18A Disclosure of information to Information Commissioner.
1
The Health Service Commissioner for England or the Health Service Commissioner for Wales may disclose to the Information Commissioner any information obtained by, or furnished to, the Health Service Commissioner under or for the purposes of this Act if the information appears to the Health Service Commissioner to relate to—
a
a matter in respect of which the Information Commissioner could exercise any power conferred by—
i
Part V of the Data Protection Act 1998 (enforcement),
ii
section 48 of the Freedom of Information Act 2000 (practice recommendations), or
iii
Part IV of that Act (enforcement), or
b
the commission of an offence under—
i
any provision of the Data Protection Act 1998 other than paragraph 12 of Schedule 9 (obstruction of execution of warrant), or
ii
section 77 of the Freedom of Information Act 2000 (offence of altering etc. records with intent to prevent disclosure).
3
Nothing in section 15 (confidentiality of information) applies in relation to the disclosure of information in accordance with this section.

The Welsh Administration Ombudsman

7

F230. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

8

F231. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The Northern Ireland Commissioner for Complaints

9

At the end of Article 21 of the M74Commissioner for Complaints (Northern Ireland) Order 1996 (disclosure of information by Commissioner) there is inserted—

5
Information obtained from the Information Commissioner by virtue of section 76 of the Freedom of Information Act 2000 shall be treated for the purposes of paragraph (1) as obtained for the purposes of an investigation under this Order and, in relation to such information, the reference in paragraph (1)(a) to the investigation shall have effect as a reference to any investigation.

10

After that Article there is inserted—

Disclosure of information to Information Commissioner21A
1
The Commissioner may disclose to the Information Commissioner any information obtained by, or furnished to, the Commissioner under or for the purposes of this Order if the information appears to the Commissioner to relate to—
a
a matter in respect of which the Information Commissioner could exercise any power conferred by—
i
Part V of the Data Protection Act 1998 (enforcement),
ii
section 48 of the Freedom of Information Act 2000 (practice recommendations), or
iii
Part IV of that Act (enforcement), or
b
the commission of an offence under—
i
any provision of the Data Protection Act 1998 other than paragraph 12 of Schedule 9 (obstruction of execution of warrant), or
ii
section 77 of the Freedom of Information Act 2000 (offence of altering etc. records with intent to prevent disclosure).
2
Nothing in Article 21(1) applies in relation to the disclosure of information in accordance with this Article.

The Assembly Ombudsman for Northern Ireland

11

At the end of Article 19 of the M75Ombudsman (Northern Ireland) Order 1996 there is inserted—

5
Information obtained from the Information Commissioner by virtue of section 76 of the Freedom of Information Act 2000 shall be treated for the purposes of paragraph (1) as obtained for the purposes of an investigation under this Order and, in relation to such information, the reference in paragraph (1)(a) to the investigation shall have effect as a reference to any investigation.

12

After that Article there is inserted—

Disclosure of information to Information Commissioner19A
1
The Ombudsman may disclose to the Information Commissioner any information obtained by, or furnished to, the Omubudsman under or for the purposes of this Order if the information appears to the Ombudsman to relate to—
a
a matter in respect of which the Information Commissioner could exercise any power conferred by—
i
Part V of the Data Protection Act 1998 (enforcement),
ii
section 48 of the Freedom of Information Act 2000 (practice recommendations), or
iii
Part IV of that Act (enforcement), or
b
the commission of an offence under—
i
any provision of the Data Protection Act 1998 other than paragraph 12 of Schedule 9 (obstruction of execution of warrant), or
ii
section 77 of the Freedom of Information Act 2000 (offence of altering etc. records with intent to prevent disclosure).
2
Nothing in Article 19(1) applies in relation to the disclosure of information in accordance with this Article.

The Commissioner for Local Administration in Scotland

13

~~F9In section 30 of the~~ ~~M76Local Government (Scotland) Act 1975 (limitation on disclosure of information), after subsection (5) there is inserted—~~

5A
Information obtained from the Information Commissioner by virtue of section 76 of the Freedom of Information Act 2000 shall be treated for the purposes of subsection (2) as obtained for the purposes of an investigation under this Part of this Act and, in relation to such information, the reference in subsection (2)(a) to the investigation shall have effect as a reference to any investigation.

SCHEDULE 8 Repeals

Section 86.

Part I Repeal coming into force on passing of Act

Chapter	Short title	Extent of repeal
1998 c. 29.	The Data Protection Act 1998.	In Schedule 14, in paragraph 2(1), the words “or, if earlier, 24th October 2001”.

Part II Repeals coming into force in accordance with section 87(2)

Chapter	Short title	Extent of repeal
1958 c. 51.	The Public Records Act 1958.	In Schedule 1, in Part II of the Table in paragraph 3, the entry relating to the Data Protection Commissioner.
1967 c. 13.	The Parliamentary Commissioner Act 1967.	In Schedule 2, the entry relating to the Data Protection Commissioner.
1975 c. 24.	The House of Commons Disqualification Act 1975.	In Schedule 1, in Part III, the entry relating to the Data Protection Commissioner.
1975 c. 25.	The Northern Ireland Assembly Disqualification Act 1975.	In Schedule 1, in Part III, the entry relating to the Data Protection Commissioner.
1998 c. 29.	The Data Protection Act 1998.	In Schedule 5, Part III. In Schedule 15, paragraphs 1(1), 2, 4, 5(2) and 6(2)

Part III Repeals coming into force in accordance with section 87(3)

Chapter	Short title	Extent of repeal
1958 c. 51.	The Public Records Act 1958.	In section 5, subsections (1), (2) and (4) and, in subsection (5), the words from “and subject to” to the end. Schedule 2.
1975 c. 24.	The House of Commons Disqualification Act 1975.	In Schedule 1, in Part II, the entry relating to the Data Protection Tribunal.
1975 c. 25.	The Northern Ireland Assembly Disqualification Act 1975.	In Schedule 1, in Part II, the entry relating to the Data Protection Tribunal.
1998 c. 29.	The Data Protection Act 1998.	In section 1(1), in the definition of “data”, the word “or” at the end of paragraph (c). In Schedule 15, paragraphs 1(2) and (3), 3, 5(1) and 6(1).

Freedom of Information Act 2000

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

F327ea

F433f

fa

g

h

C14C103 Public authorities.

1

a

i

ii

C15C11C79b

C722

a

C16C13C12C43b

4 Amendment of Schedule 1.

C391

2

a

b

3

a

b

4

C625

a

b

6

C627

a

i

ii

b

8

9

5 Further power to designate public authorities.

C611

a

b

2

C613

4

6 Publicly-owned companies.

1

a

b

c

F5032

a

i

ii

b

C14 C103 Public authorities.

C15 C11 C79b

C16 C13 C12 C43b

C7 C17 C331

C7 C17 C332