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Section 76(2).
1U.K.At the end of section 11 of the M1Parliamentary 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.”
Marginal Citations
2U.K.After section 11A of that Act there is inserted—
(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.”
3U.K.In section 32 of the M2Local 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.”
4U.K.After section 33 of that Act there is inserted—
(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.”
5U.K.At the end of section 15 of the M3Health 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.”
Marginal Citations
6U.K.After section 18 of that Act there is inserted—
(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.”
7U.K.F1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F1Sch. 7 para. 7 repealed (1.4.2006 for W.) by Public Services Ombudsman (Wales) Act 2005 (c. 10), ss. 39, 40, Sch. 7; S.I. 2005/2800, art. 5
8U.K.F2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F2Sch. 7 para. 8 repealed (1.4.2006 for W.) by Public Services Ombudsman (Wales) Act 2005 (c. 10), ss. 39, 40, Sch. 7; S.I. 2005/2800, art. 5
9U.K.At the end of Article 21 of the M4Commissioner 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.”
Marginal Citations
10U.K.After that Article there is inserted—
(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.”
11U.K.At the end of Article 19 of the M5Ombudsman (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.”
Marginal Citations
12U.K.After that Article there is inserted—
(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.”
13U.K.
[F3In section 30 of the M6Local 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.”]
Textual Amendments
F3Sch. 7 para. 13 repealed (S.) (23.10.2002) by Scottish Public Services Ombudsman Act 2002 (asp 11), s. 26, Sch. 6 para. 23(3); S.S.I. 2002/467, art. 2
Marginal Citations
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