Freedom of Information Act 2000

SCHEDULES

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

SCHEDULE 1U.K. Public authorities

Part IU.K. General

1Any government department.

Valid from 01/04/2007

[F11AU.K.The Office for Standards in Education, Children's Services and Skills, in respect of information held for purposes other than those of the functions exercisable by Her Majesty's Chief Inspector of Education, Children's Services and Skills by virtue of section 5(1)(a)(iii) of the Care Standards Act 2000.]

Textual Amendments

2The House of Commons.

3The House of Lords.

4U.K.The Northern Ireland Assembly.

5The National Assembly for Wales.

Valid from 02/05/2007

[F25AU.K.the Welsh Assembly Government.]

Textual Amendments

F2Sch. 1 para. 5A inserted by The Government of Wales Act 2006 (Consequential Modifications and Transitional Provisions) Order 2007 (S.I. 2007/1388), art. 3, Sch. 1 para. 87 (the amendment coming into force immediately after the end of "the initial period" (which ended with the day of the first appointment of a First Minister on 25.5.2007) in accordance with art. 1(2)(3) of the amending S.I. and see ss. 46, 161(5) of Government of Wales Act 2006 (c. 32))

6U.K.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 IIU.K. Local government

England and WalesU.K.

7U.K.A local authority within the meaning of the M1Local 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.

Marginal Citations

8U.K.The Greater London Authority.

9U.K.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.

10U.K.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.

11U.K.The Council of the Isles of Scilly.

12U.K.A parish meeting constituted under section 13 of the M2Local Government Act 1972.

Marginal Citations

13U.K.Any charter trustees constituted under section 246 of the M3Local Government Act 1972.

Marginal Citations

14A fire authority constituted by a combination scheme under section 5 or 6 of the M4Fire Services Act 1947.

Marginal Citations

15U.K.A waste disposal authority established by virtue of an order under section 10(1) of the M5Local Government Act 1985.

Marginal Citations

Valid from 01/04/2008

[F315AU.K.An authority established for an area in England by an order under section 207 of the Local Government and Public Involvement in Health Act 2007 (joint waste authorities).]

Textual Amendments

F3Sch. 1 para. 15A inserted (1.4.2008) by Local Government and Public Involvement in Health Act 2007 (c. 28), ss. 209(2), 245, Sch. 13 para. 54; S.I. 2008/917, art. 2(1)(o)(p)

16U.K.A port health authority constituted by an order under section 2 of the M6Public Health (Control of Disease) Act 1984.

Marginal Citations

17A licensing planning committee constituted under section 119 of the M7Licensing Act 1964.

Marginal Citations

18U.K.An internal drainage board which is continued in being by virtue of section 1 of the M8Land Drainage Act 1991.

Marginal Citations

19A joint authority established under Part IV of the M9Local Government Act 1985 (fire services, civil defence and transport).

Marginal Citations

Valid from 17/12/2009

[F419AU.K.An economic prosperity board established under section 88 of the Local Democracy, Economic Development and Construction Act 2009.

Textual Amendments

Valid from 17/12/2009

19BU.K.A combined authority established under section 103 of that Act.]

Textual Amendments

20U.K.The London Fire and Emergency Planning Authority.

21U.K.A joint fire authority established by virtue of an order under section 42(2) of the M10Local Government Act 1985 (reorganisation of functions).

Marginal Citations

22U.K.A body corporate established pursuant to an order under section 67 of the M11Local Government Act 1985 (transfer of functions to successors of residuary bodies, etc.).

Marginal Citations

23A body corporate established pursuant to an order under section 22 of the M12Local Government Act 1992 (residuary bodies).

Marginal Citations

24U.K.The Broads Authority established by section 1 of the M13Norfolk and Suffolk Broads Act 1988.

Marginal Citations

25U.K.A joint committee constituted in accordance with section 102(1)(b) of the M14Local Government Act 1972.

Marginal Citations

26U.K.A joint board which is continued in being by virtue of section 263(1) of the M15Local Government Act 1972.

Marginal Citations

27U.K.A joint authority established under section 21 of the M16Local Government Act 1992.

Marginal Citations

28A Passenger Transport Executive for a passenger transport area within the meaning of Part II of the M17Transport Act 1968.

Marginal Citations

29U.K.Transport for London.

30U.K.The London Transport Users Committee.

31U.K.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.

32U.K.A National Park authority established by an order under section 63 of the M18Environment Act 1995.

Marginal Citations

33U.K.A joint planning board constituted for an area in Wales outside a National Park by an order under section 2(1B) of the M19Town and Country Planning Act 1990.

Marginal Citations

34A magistrates’ court committee established under section 27 of the Justices of the M20Peace Act 1997.

Marginal Citations

35U.K.The London Development Agency.

Valid from 19/04/2004

35A A local fisheries committee for a sea fisheries district established under section 1 of the Sea Fisheries Regulation Act 1966.

Valid from 01/10/2010

[F535BU.K.An inshore fisheries and conservation authority for a district established under section 149 of the Marine and Coastal Access Act 2009.]

Textual Amendments

Valid from 01/10/2010

[F635CU.K.An urban development corporation established under section 135 of the Local Government, Planning and Land Act 1980.]

Textual Amendments

Northern IrelandU.K.

36U.K.A district council within the meaning of the M21Local Government Act (Northern Ireland) 1972.

Marginal Citations

Part IIIU.K. The National Health Service

England and WalesU.K.

36AA Strategic Health Authority established under section 8 of the National Health Service Act 1977.

37A Health Authority established under section 8 of the M22National Health Service Act 1977.

Marginal Citations

38A special health authority established under section 11 of the M23National Health Service Act 1977.

Marginal Citations

39A primary care trust established under section 16A of the M24National Health Service Act 1977.

Marginal Citations

39AA Local Health Board established under section 16BA of the National Health Service Act 1977.

40A National Health Service trust established under section 5 of the M25National Health Service and Community Care Act 1990.

Marginal Citations

Valid from 01/04/2004

[F740AU.K.An NHS foundation trust.]

Textual Amendments

41A Community Health Council [F8continued in existence by or established under section 20A] of the National Health Service Act 1977.

Textual Amendments

F8Words in Sch. 1 para. 41 substituted (20.10.2003 for W., 1.12.2003 for E. and 1.4.2005 for all remaining purposes) by Health (Wales) Act 2003 (c. 4), ss. 7(1), 10(2), Sch. 3 para. 14; S.I. 2003/2660, arts. 2(1)(ii)(2), 3(2); S.I. 2003/3064, art. 2(1)(ii)(2)

41AA Patients’ Forum established under section 15 of the National Health Service Reform and Health Care Professions Act 2002.

42The Dental Practice Board constituted under regulations made under section 37 of the M26National Health Service Act 1977.

Marginal Citations

43The Public Health Laboratory Service Board constituted under Schedule 3 to the M27National Health Service Act 1977.

Marginal Citations

Prospective

43AAny person providing primary medical services [F9, primary dental services or primary ophthalmic services ]—

(a)in accordance with arrangements made under section 28C of the National Health Service Act 1977; or

(b)under a contract under section 28K [F10, 28Q or 28WA ] of that Act;

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

Textual Amendments

44Any person providing general medical services, general dental services, general ophthalmic services or pharmaceutical services under Part II of the M28National Health Service Act 1977, in respect of information relating to the provision of those services.

Marginal Citations

45Any person providing personal medical services or personal dental services under arrangements made under section 28C of the M29National Health Service Act 1977, in respect of information relating to the provision of those services.

Marginal Citations

[F1145AAny person providing local pharmaceutical services under—

(a)a pilot scheme established under section 28 of the Health and Social Care Act 2001; or

(b)an LPS scheme established under Schedule 8A to the National Health Service Act 1977 (c. 49),

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

Textual Amendments

45BThe Commission for Patient and Public Involvement in Health.

Northern IrelandU.K.

46A Health and Social Services Board established under Article 16 of the M30Health and Personal Social Services (Northern Ireland) Order 1972.

Marginal Citations

47U.K.A Health and Social Services Council established under Article 4 of the M31Health and Personal Social Services (Northern Ireland) Order 1991.

Marginal Citations

48U.K.A Health and Social Services Trust established under Article 10 of the M32Health and Personal Social Services (Northern Ireland) Order 1991.

Marginal Citations

49U.K.A special agency established under Article 3 of the M33Health and Personal Social Services (Special Agencies) (Northern Ireland) Order 1990.

Marginal Citations

50The Northern Ireland Central Services Agency for the Health and Social Services established under Article 26 of the M34Health and Personal Social Services (Northern Ireland) Order 1972.

Marginal Citations

51Any person providing general medical services, general dental services, general ophthalmic services or pharmaceutical services under Part VI of the M35Health and Personal Social Services (Northern Ireland) Order 1972, in respect of information relating to the provision of those services.

Marginal Citations

Valid from 01/04/2009

[F1251AU.K.The Regional Business Services Organisation established under section 14 of the Health and Social Services (Reform) Act (Northern Ireland) 2009.

Textual Amendments

Valid from 01/04/2009

51BU.K.The Patient and Client Council established under section 16 of the Health and Social Care (Reform) Act (Northern Ireland) 2009.

Textual Amendments

Valid from 01/04/2009

51CU.K.The Regional Health and Social Care Board established under section 7 of the Health and Social Care (Reform) Act (Northern Ireland) 2009.

Textual Amendments

Valid from 01/04/2009

51DU.K.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.]

Textual Amendments

Part IVU.K. Maintained schools and other educational institutions

England and WalesU.K.

[F1352U.K.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.]

Textual Amendments

F13Sch. 1 para. 52 substituted (1.9.2003 except in relation to W. and otherwise 31.10.2005) by Education Act 2002 (c. 32), ss. 215(1), 216, Sch. 21 para. 127 (with ss. 210(8), 214(4)); S.I. 2003/1667, art. 4; S.I. 2005/2910, art. 4, Sch.

Valid from 01/09/2010

[F1452A(1)The proprietor of an Academy, in respect of information held for the purposes of the proprietor's functions under Academy arrangements.U.K.

(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.]

Textual Amendments

F14Sch. 1 para. 52A inserted (1.9.2010 for certain purposes and 1.1.2011 otherwise) by Academies Act 2010 (c. 32), ss. 14, 19(2), Sch. 2 para. 10; S.I. 2010/1937, arts. 3, 4, Schs. 2, 3 (with transitional provisions in arts. 5, 6)

53(1)The governing body of—U.K.

(a)an institution within the further education sector,

(b)a university receiving financial support under section 65 of the M36Further and Higher Education Act 1992,

(c)an institution conducted by a higher education corporation,

(d)a designated institution for the purposes of Part II of the M37Further and Higher Education Act 1992 as defined by section 72(3) of that Act, or

(e)any college, school, hall or other institution of a university which falls within paragraph (b).

(2)In sub-paragraph (1)—

(a)“governing body” is to be interpreted in accordance with subsection (1) of section 90 of the Further and Higher Education Act 1992 but without regard to subsection (2) of that section,

(b)in paragraph (a), the reference to an institution within the further education sector is to be construed in accordance with section 91(3) of the Further and Higher Education Act 1992,

(c)in paragraph (c), “higher education corporation” has the meaning given by section 90(1) of that Act, and

(d)in paragraph (e) “college” includes any institution in the nature of a college.

Marginal Citations

Northern IrelandU.K.

54(1)The managers of—U.K.

(a)a controlled school, voluntary school or grant-maintained integrated school within the meaning of Article 2(2) of the M38Education and Libraries (Northern Ireland) Order 1986, or

(b)a pupil referral unit as defined by Article 87(1) of the M39Education (Northern Ireland) Order 1998.

(2)In sub-paragraph (1) “managers” has the meaning given by Article 2(2) of the M40Education and Libraries (Northern Ireland) Order 1986.

Marginal Citations

55(1)The governing body of—

(a)a university receiving financial support under Article 30 of the M41Education and Libraries (Northern Ireland) Order 1993,

(b)a college of education maintained in pursuance of arrangements under Article 66(1) or in respect of which grants are paid under Article 66(2) or (3) of the M42Education and Libraries (Northern Ireland) Order 1986, or

(c)an institution of further education within the meaning of the M43Further Education (Northern Ireland) Order 1997.

(2)In sub-paragraph (1) “governing body” has the meaning given by Article 30(3) of the M44Education and Libraries (Northern Ireland) Order 1993.

Marginal Citations

56U.K.Any person providing further education to whom grants, loans or other payments are made under Article 5(1)(b) of the M45Further Education (Northern Ireland) Order 1997.

Marginal Citations

Part VU.K. Police

England and WalesU.K.

57U.K.A police authority established under section 3 of the M46Police Act 1996.

Marginal Citations

58U.K.The Metropolitan Police Authority established under section 5B of the M47Police Act 1996.

Marginal Citations

59U.K.A chief officer of police of a police force in England or Wales.

Northern IrelandU.K.

60U.K.The [F15Northern Ireland Policing Board].

Textual Amendments

F15Words in entry in Sch. 1 Pt. V para. 60 substituted (4.11.2001) by virtue of 2000 c. 32, s. 74, Sch. 6 para. 25(2)(a); S.R. 2001/396, art. 2, Sch.

61U.K.The Chief Constable of the [F16Police Service of Northern Ireland].

Textual Amendments

F16Words in entry in Sch. 1 Pt. V para. 61 substituted (4.11.2001) by 2000 c. 32, s. 74, Sch. 6 para. 25(2)(b); S.R. 2001/396, art. 2, Sch.

MiscellaneousU.K.

62U.K.The British Transport Police.

63U.K.The Ministry of Defence Police established by section 1 of the M48Ministry of Defence Police Act 1987.

Marginal Citations

Valid from 01/03/2005

[F1763AE+W+SThe Civil Nuclear Police Authority.

Textual Amendments

F17Sch. 1 paras. 63A, 63B inserted (E.W.S.) (1.3.2005) by Energy Act 2004 (c. 20), ss. 51(2), 198(2), Sch. 10 para. 18; S.I. 2005/442, art. 2(1), Sch. 1

Valid from 01/03/2005

63BE+W+SThe chief constable of the Civil Nuclear Constabulary.]

Textual Amendments

F17Sch. 1 paras. 63A, 63B inserted (E.W.S.) (1.3.2005) by Energy Act 2004 (c. 20), ss. 51(2), 198(2), Sch. 10 para. 18; S.I. 2005/442, art. 2(1), Sch. 1

64U.K.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.

X1Part VIU.K. Other public bodies and offices: general

Editorial Information

X1Sch. 1 Pt. VI: due to the large number of entries contained in Sch. 1 Pt. VI and the frequency with which it has been amended, separate versions are retained only in respect of amendments whose text does not otherwise appear. Historic information relating to all amendments is reflected in the current version.

[F18The Adjudication Panel for Wales.]

The Adjudicator for the Inland Revenue and Customs and Excise.

The Administration of Radioactive Substances Advisory Committee.

[F19The Administrative Justice and Tribunals Council.]

[F20[F21The Adult Learning Inspectorate.]]

[F22The Advisory Board on Family Law]

The Advisory Board on Restricted Patients.

The Advisory Board on the Registration of Homoeopathic Products.

[F23The Advisory Committee for Cleaner Coal Technology.]

The Advisory Committee for Disabled People in Employment and Training.

The Advisory Committee for the Public Lending Right.

[F22The Advisory Committee for Wales (in relation to the Environment Agency).]

The Advisory Committee on Advertising.

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.

The Advisory Committee on Consumer Products and the Environment.

The Advisory Committee on Dangerous Pathogens.

The Advisory Committee on Distinction Awards.

An Advisory Committee on General Commissioners of Income Tax.

The Advisory Committee on the Government Art Collection

The Advisory Committee on Hazardous Substances.

The Advisory Committee on Historic Wreck Sites.

An Advisory Committee on Justices of the Peace in England and Wales.

The Advisory Committee on the Microbiological Safety of Food.

[F22The Advisory Committee on NHS Drugs]

The Advisory Committee on Novel Foods and Processes.

[F24The Advisory Committee on Organic Standards.]

The Advisory Committee on Overseas Economic and Social Research.

The Advisory Committee on Packaging.

The Advisory Committee on Pesticides.

The Advisory Committee on Releases to the Environment.

[F25The Advisory Committee on Statute Law.]

[F26The Advisory Committee on Telecommunications for the Disabled and Elderly.]

The Advisory Council on Libraries.

The Advisory Council on the Misuse of Drugs.

The Advisory Council on Public Records.

The Advisory Group on Hepatitis.

[F27The Advisory Council on Historical Manuscripts.]

[F28The Advisory Council on National Records and Archives.]

[F29The Advisory Group on Medical Countermeasures.]

[F30The Advisory Panel on Beacon Councils.]

[F31The Advisory Panel on Public Sector Information.]

The Advisory Panel on Standards for the Planning Inspectorate.

The Aerospace Committee.

An Agricultural Dwelling House Advisory Committee.

An Agricultural Wages Board for England and Wales.

An Agricultural Wages Committee.

The Agriculture and Environment Biotechnology Commission.

[F32The Agriculture and Horticulture Development Board.]

The Airborne Particles Expert Group.

[F33The Air Quality Expert Group.]

The Alcohol Education and Research Council.

[F34The All-Wales Medicines Strategy Group.]

[F35The Ancient Monuments Board for Wales.]

The Animal Procedures Committee.

The Animal Welfare Advisory Committee.

[F22The Apple and Pear Research Council.]

[F36The Appointments Commission.]

[F37The Architects Registration Board.]

The Armed Forces Pay Review Body.

[F38The Arts and Humanities Research Council.]

The Arts Council of England.

The Arts Council of Wales.

The Audit Commission for Local Authorities and the National Health Service in England [F39and Wales ].

The Auditor General for Wales.

The Authorised Conveyancing Practitioners Board.

The Bank of England, 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.

[F40The Big Lottery Fund]

The Biotechnology and Biological Sciences Research Council.

[F41The Board of the Pension Protection Fund.]

[F42Any Board of Visitors established under section 6(2) of the Prison Act 1952.]

The Britain-Russia Centre and East-West Centre.

The British Association for Central and Eastern Europe.

The British Broadcasting Corporation, in respect of information held for purposes other than those of journalism, art or literature.

The British Coal Corporation.

The British Council.

The British Educational Communications and Technology Agency.

The British Hallmarking Council.

The British Library.

The British Museum.

The British Pharmacopoeia Commission.

[F43The British Potato Council.]

The British Railways Board.

British Shipbuilders.

The British Tourist Authority.

[F44The British Transport Police Authority.]

The British Waterways Board.

The British Wool Marketing Board.

The Broadcasting Standards Commission.

The Building Regulations Advisory Committee.

[F45[F46The Business Incubation Fund Investment Panel.]]

[F47The Care Council for Wales.]

[F48The Care Quality Commission.]

The Central Advisory Committee on War Pensions.

[F49The Central Council for Education and Training in Social Work (UK).]

[F50[F51The Central Police Training and Development Authority.]]

The Central Rail Users’ Consultative Committee.

[F52The Certification Officer.]

The Channel Four Television Corporation, in respect of information held for purposes other than those of journalism, art or literature.

[F53The Chemical Weapons Convention National Authority Advisory Committee.]

[F54The Child Maintenance and Enforcement Commission.]

The Children and Family Court Advisory and Support Service.

[F55The Children's Commissioner.]

[F56The Children’s Commissioner for Wales.]

The Civil Aviation Authority.

The Civil Justice Council.

The Civil Procedure Rule Committee.

The Civil Service Appeal Board.

The Civil Service Commissioners.

The Coal Authority.

The Commission for Architecture and the Built Environment.

[F57The Commission for Equality and Human Rights.]

[F58The Commission for Health Improvement.]

[F59Commission for Healthcare Audit and Inspection, in respect of information held for purposes other than those of its functions exercisable by virtue of paragraph 5(a)(i) of the Care Standards Act 2000.]

[F60The Commission for Integrated Transport.]

The Commission for Local Administration in England.

[F61The Commission for Local Administration in Wales.]

The Commission for the New Towns.

[F62The Commission for Racial Equality.]

[F63Commission for Rural Communities.]

[F64Commission for Social Care Inspection, in respect of information held for purposes other than those of its functions exercisable by virtue of paragraph 5(a)(ii) of the Care Standards Act 2000.]

[F46The Commissioner for Integrated Transport.]

[F65The Commissioner for Older People in Wales]

The Commissioner for Public Appointments.

[F66The Commissioners of Northern Lighthouses.]

The Committee for Monitoring Agreements on Tobacco Advertising and Sponsorship.

[F67The Committee of Investigation for Great Britain.]

The Committee on Agricultural Valuation.

The Committee on Carcinogenicity of Chemicals in Food, Consumer Products and the Environment.

The Committee on Chemicals and Materials of Construction For Use in Public Water Supply and Swimming Pools.

[F68The Committee on Climate Change.]

The Committee on Medical Aspects of Food and Nutrition Policy.

The Committee on Medical Aspects of Radiation in the Environment.

The Committee on Mutagenicity of Chemicals in Food, Consumer Products and the Environment.

[F69The Committee on Radioactive Waste Management.]

[F70The 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.

The Committee on the Safety of Medicines.

The Commonwealth Scholarship Commission in the United Kingdom.

[F71Communications for Business.]

The Community Development Foundation.

The Competition Commission, in relation to information held by it otherwise than as a tribunal.

[F72The Competition Service.]

[F73A conservation board established under section 86 of the Countryside and Rights of Way Act 2000.]

The Construction Industry Training Board.

Consumer Communications for England.

[F74[F75The Consumer Council for Postal Services.]]

[F76The Consumer Council for Water]

[F22The Consumer Panel.]

[F77The Consumer Panel established under section 16 of the Communications Act 2003.]

[F67The consumers’ committee for Great Britain appointed under section 19 of the M49Agricultural Marketing Act 1958.]

[F78The Council for Professions Supplementary to Medicine.]

The Council for the Central Laboratory of the Research Councils.

[F79The Council for the Regulation of Health Care Professionals.]

The Council for Science and Technology.

[F80The Council on Tribunals.]

[F67The Countryside Agency.]

The Countryside Council for Wales.

[F81A courts board established under section 4 of the Courts Act 2003.]

The Covent Garden Market Authority.

The Criminal Cases Review Commission.

[F82[F83The Criminal Injuries Compensation Appeals Panel, in relation to information held by it otherwise than as a tribunal.]]

[F84The Criminal Injuries Compensation Authority.]

The Criminal Justice Consultative Council.

[F85The Criminal Procedure Rule Committee.]

The Crown Court Rule Committee.

The Dartmoor Steering Group and Working Party.

The Darwin Advisory Committee.

The Defence Nuclear Safety Committee.

The Defence Scientific Advisory Council.

The Design Council.

[F22The Development Awareness Working Group.]

The Diplomatic Service Appeal Board.

[F86The Director of Fair Access to Higher Education.]

[F87The Disability Employment Advisory Committee.]

The Disability Living Allowance Advisory Board.

[F62The Disability Rights Commission.]

The Disabled Persons Transport Advisory Committee.

[F88The Distributed Generation Co-Ordinating Group.]

[F89The East of England Industrial Development Board.]

The Economic and Social Research Council.

[F22The Education Transfer Council.]

[F90The Electoral Commission.]

[F22The Energy Advisory Panel]

The Engineering Construction Industry Training Board.

The Engineering and Physical Sciences Research Council.

[F91The English National Board for Nursing, Midwifery and Health Visiting.]

[F67English Nature.]

The English Sports Council.

The English Tourist Board.

The Environment Agency.

[F92The Equal Opportunities Commission.]

[F93The Ethnic Minority Business Forum.]

The Expert Advisory Group on AIDS.

The Expert Group on Cryptosporidium in Water Supplies.

An Expert Panel on Air Quality Standards.

The Export Guarantees Advisory Council.

[F94The Family Justice Council.]

[F95The Family Procedure Rule Committee.]

The Family Proceedings Rules Committee.

The Farm Animal Welfare Council.

[F96The Financial Reporting Advisory Board.]

[F97The Financial Services Authority.]

The Fire Services Examination Board.

The Firearms Consultative Committee.

The Food Advisory Committee.

Food from Britain.

The Football Licensing Authority.

The Fuel Cell Advisory Panel.

[F98The Fuel Poverty Advisory Group.]

[F22The Further Education Funding Council For Wales]

[F99The Gaelic Media Service, in respect of information held for purposes other than those of journalism, art or literature.]

[F100Gambling Commission]

[F101Gangmasters Licensing Authority]

[F102[F75The Gas and Electricity Consumer Council.]]

[F22The Gas Consumers Council]

The Gene Therapy Advisory Committee.

The General Chiropractic Council.

The General Dental Council.

The General Medical Council.

[F103The General Optical Council.]

The General Osteopathic Council.

[F104The General Social Care Council.]

[F105The General Teaching Council for England.]

[F106The General Teaching Council for Wales.]

The Genetic Testing and Insurance Committee.

The Government Hospitality Advisory Committee for the Purchase of Wine.

The Government Chemist.

[F107The Government-Industry Forum on Non-Food Use of Crops.]

The Great Britain-China Centre.

[F108The Health and Safety Commission.]

The Health and Safety Executive.

[F109The Health Professions Council]

[F110The Health Protection Agency.]

The Health Service Commissioner for England.

[F61The Health Service Commissioner for Wales.]

[F111The Hearing Aid Council.]

[F112Her Majesty’s Chief Inspector of Education and Training in Wales or Prif Arolygydd Ei Mawrhydi dros Addysg a Hyfforddiant yng Nghymru].

[F113Her Majesty’s Commissioners for Judicial Appointments.]

The Higher Education Funding Council for England.

The Higher Education Funding Council for Wales.

[F23The Hill Farming Advisory Committee.]

[F23The Hill Farming Advisory Sub-committee for Wales.]

[F114The Historic Buildings Council for Wales.]

The Historic Buildings and Monuments Commission for England.

The Historic Royal Palaces Trust.

[F43The Home-Grown Cereals Authority.]

[F115The Homes and Communities Agency.]

[F22The Honorary Investment Advisory Committee.]

The Horserace Betting Levy Board.

The Horserace Totalisator Board.

[F43The Horticultural Development Council.]

Horticulture Research International.

The House of Lords Appointments Commission.

Any housing action trust established under Part III of the M50Housing Act 1988.

The Housing Corporation.

The Human Fertilisation and Embryology Authority.

The Human Genetics Commission.

[F116The Human Tissue Authority.]

The Immigration Services Commissioner.

The Imperial War Museum.

[F117The Independent Advisory Group on Teenage Pregnancy.]

The Independent Board of Visitors for Military Corrective Training Centres.

The Independent Case Examiner for the Child Support Agency.

[F118The Independent Groundwater Complaints Administrator.]

The Independent Living Funds.

[F119Any Independent Monitoring Board established under section 6(2) of the Prison Act 1952.]

[F120The Independent Police Complaints Commission.]

[F121The Independent Regulator of NHS Foundation Trusts.]

[F122The Independent Review Panel for Advertising.]

[F123The Independent Review Panel for Borderline Products.]

[F124The Independent Scientific Group on Cattle Tuberculosis.]

The Independent Television Commission.

[F22The Indian Family Pensions Funds Body of Commissioners.]

The Industrial Development Advisory Board.

The Industrial Injuries Advisory Council.

The Information Commissioner.

[F125 Inland Waterways Advisory Council]

The Insolvency Rules Committee.

[F126The Insurance Brokers Registration Council.]

[F127The Integrated Administration and Controls System Appeals Panel.]

[F128The Intellectual Property Advisory Committee.]

Investors in People UK.

The Joint Committee on Vaccination and Immunisation.

The Joint Nature Conservation Committee.

The Joint Prison/Probation Accreditation Panel.

[F129The Judicial Appointments and Conduct Ombudsman.]

[F130The Judicial Appointments Commission.]

The Judicial Studies Board.

The Know-How Fund Advisory Board.

The Land Registration Rule Committee.

The Law Commission.

[F131The Learning and Skills Council for England.]

[F132The Legal Deposit Advisory Panel]

[F133The Legal Services Board.]

The Legal Services Commission.

[F134The Legal Services Complaints Commissioner.]

The Legal Services Consultative Panel.

The Legal Services Ombudsman.

[F135The Library and Information Services Council (Wales).]

[F136The Local Better Regulation Office.]

The Local Government Boundary Commission for Wales.

The Local Government Commission for England

A local probation board established under section 4 of the Criminal Justice and Court Services Act 2000.

[F137The London and South East Industrial Development Board.]

The London Pensions Fund Authority.

The Low Pay Commission.

The Magistrates’ Courts Rules Committee.

The Marshall Aid Commemoration Commission.

The Measurement Advisory Committee.

[F43The Meat and Livestock Commission.]

[F22The Medical Practices Committee.]

The Medical Research Council.

[F22The Medical Workforce Standing Advisory Committee.]

The Medicines Commission.

[F43The Milk Development Council.]

[F138The Millennium Commission.]

The Museum of London.

The National Army Museum.

The National Audit Office.

The National Biological Standards Board (UK).

[F139The National Care Standards Commission.]

[F75The National Consumer Council.]

[F140The National Consumer Council.]

[F141[F142The National Council for Education and Training for Wales.]]

[F143The National Crime Squad.]

The National Employers’ Liaison Committee.

[F144The National Employment Panel.]

The National Endowment for Science, Technology and the Arts.

[F46The National Expert Group on Transboundary Air Pollution.]

[F145The National Forest Company.]

The National Gallery.

The National Heritage Memorial Fund.

[F146The National Information Governance Board for Health and Social Care.]

The National Library of Wales.

[F138The National Lottery Charities Board.]

The National Lottery Commission.

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.

[F147The National Policing Improvement Agency.]

The National Portrait Gallery.

[F148The National Radiological Protection Board.]

[F149Natural England.]

The Natural Environment Research Council.

The Natural History Museum.

The New Deal Task Force.

[F150The New Opportunities Fund.]

[F151The North East Industrial Development Board.]

[F152The Northern Ireland Judicial Appointments Ombudsman.]

[F153The North West Industrial Development Board.]

[F154The Nuclear Decommissioning Authority.]

[F155The Nuclear Research Advisory Council.]

[F156The Nursing and Midwifery Council.]

[F157The Occupational Pensions Regulatory Authority.]

[F158The Office of Communications.]

[F159The Office of Government Commerce.]

[F160The Office of Manpower Economics.]

[F161Office for Tenants and Social Landlords.]

The Oil and Pipelines Agency.

[F162The Olympic Delivery Authority.]

[F163The Olympic Lottery Distributor]

[F164The Ombudsman for the Board of the Pension Protection Fund.]

The OSO Board.

The Overseas Service Pensions Scheme Advisory Board.

The Panel on Standards for the Planning Inspectorate.

The Parliamentary Boundary Commission for England.

The Parliamentary Boundary Commission for Scotland.

The Parliamentary Boundary Commission for Wales.

The Parliamentary Commissioner for Administration.

The Parole Board.

The Particle Physics and Astronomy Research Council.

[F165The Patient Information Advisory Group.]

[F166The Pensions Compensation Board.]

The Pensions Ombudsman.

[F167The Pensions Regulator.]

[F168The Personal Accounts Delivery Authority]

[F169The Pesticide Residues Committee.]

[F170The Pesticides Forum.]

[F46The Pharmacists’ Review Panel.]

[F22The Place Names Advisory Committee]

The Poisons Board.

[F171The Police Advisory Board for England and Wales.]

[F172The Police Complaints Authority.]

[F173The Police Information Technology Organisation.]

The Police Negotiating Board.

The Political Honours Scrutiny Committee.

The Post Office.

[F22The Post Office Users Councils for Scotland, Wales and Northern Ireland. ]

[F22The Post Office Users National Council.]

[F174The Postgraduate Medical Education and Training Board.]

[F175The Prison Service Pay Review Body.]

[F176A probation trust.]

[F23The Property Advisory Group.]

[F177The Public Private Partnership Agreement Arbiter.]

[F178The Public Services Ombudsman for Wales]

[F179The Qualifications, Curriculum and Assessment Authority for Wales.]

The Qualifications Curriculum Authority

The Race Education and Employment Forum.

The Race Relations Forum.

The Radio Authority.

The Radioactive Waste Management Advisory Committee.

[F180[F181Any Rail Passengers’ Committee established under section 2(2) of the Railways Act 1993.]]

A Regional Cultural Consortium.

Any regional development agency established under the M51Regional Development Agencies Act 1998, other than the London Development Agency.

Any regional flood defence committee.

[F182The Registrar General for England and Wales.]

[F157The Registrar of Occupational and Personal Pension Schemes.]

The Registrar of Public Lending Right.

Remploy Ltd.

The Renewable Energy Advisory Committee.

[F183The Renewables Advisory Board.]

Resource: The Council for Museums, Archives and Libraries.

The Review Board for Government Contracts.

The Review Body for Nursing Staff, Midwives, Health Visitors and Professions Allied to Medicine.

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.

[F184The 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.

The Royal Commission on Environmental Pollution.

The Royal Commission on Historical Manuscripts.

[F185The Royal Hospital at Chelsea.]

[F23The Royal Military College of Science Advisory Council.]

The Royal Mint Advisory Committee on the Design of Coins, Medals, Seals and Decorations.

[F186The Royal Pharmaceutical Society of Great Britain, in respect of information held by it otherwise than as a tribunal.]

The School Teachers’ Review Body.

[F187The Scientific Advisory Committee on Nutrition.]

The Scientific Committee on Tobacco and Health.

[F188The Scottish Advisory Committee on Telecommunications.]

[F189The Scottish Committee of the Administrative Justice and Tribunals Council.]

[F190The Scottish Committee of the Council on Tribunals.]

The Sea Fish Industry Authority.

[F191The Security Industry Authority]

The Senior Salaries Review Body.

The Sentencing Advisory Panel

[F192The Sentencing Guidelines Council.]

[F193The Service Authority for the National Crime Squad.]

Sianel Pedwar Cymru, in respect of information held for purposes other than those of journalism, art or literature.

Sir John Soane’s Museum.

[F23The Skills Task Force.]

[F194The Small Business Council.]

[F195The Small Business Investment Task Force.]

[F196The Social Care Institute for Excellence.]

The social fund Commissioner appointed under section 65 of the M52Social Security Administration Act 1992.

The Social Security Advisory Committee.

The Social Services Inspectorate for Wales Advisory Group.

[F197The South West Industrial Development Board.]

[F198The Specialist Advisory Committee on Antimicrobial Research.]

The Spongiform Encephalopathy Advisory Committee.

The Sports Council for Wales.

[F199The Standards Board for England.]

The Standing Advisory Committee on Industrial Property.

The Standing Advisory Committee on Trunk Road Assessment.

The Standing Dental Advisory Committee.

[F46The Standing Medical Advisory Committee.]

[F46The Standing Nursing and Midwifery Advisory Committee.]

[F46The Standing Pharmaceutical Advisory Committee.]

[F200[F201The Statistics Commission.]]

The Steering Committee on Pharmacy Postgraduate Education.

[F202The Strategic Investment Board.]

[F203[F204The Strategic Rail Authority.]]

The subsidence adviser appointed under section 46 of the M53Coal Industry Act 1994.

The Substance Misuse Advisory Panel.

The Sustainable Development Commission.

[F22The Sustainable Development Education Panel.]

[F205The Sustainable Energy Policy Advisory Board.]

The Tate Gallery.

[F206The TB Advisory Group]

[F207The Teacher Training Agency.]

[F208The Technical Advisory Board.]

The Theatres Trust.

The Traffic Commissioners, in respect of information held by them otherwise than as a tribunal.

[F209The Training and Development Agency for Schools.]

The Treasure Valuation Committee.

The UK Advisory Panel for Health Care Workers Infected with Bloodborne Viruses.

[F210The UK Chemicals Stakeholder Forum.]

[F211The UK Commission for Employment and Skills]

The UK Sports Council.

The United Kingdom Atomic Energy Authority.

[F212The United Kingdom Central Council for Nursing, Midwifery and Health Visiting.]

[F23The United Kingdom Register of Organic Food Standards.]

The United Kingdom Xenotransplantation Interim Regulatory Authority.

[F213The University for Industry.]

The Unlinked Anonymous Serosurveys Steering Group.

The Unrelated Live Transplant Regulatory Authority.

The Urban Regeneration Agency.

[F214The Valuation Tribunal Service.]

[F215The verderers of the New Forest, in respect of information held by them otherwise than as a tribunal.]

The Veterinary Products Committee.

[F216The Veterinary Residues Committee.]

The Victoria and Albert Museum.

[F217The Wales Centre for Health.]

[F22The Wales New Deal Advisory Task Force.]

[F218The Wales Tourist Board.]

The Wallace Collection.

The War Pensions Committees.

The Water Regulations Advisory Committee.

[F219The Welsh Administration Ombudsman.]

[F220The Welsh Advisory Committee on Telecommunications.]

The Welsh Committee for Professional Development of Pharmacy.

[F221The Welsh Committee of the Administrative Justice and Tribunals Council.]

The Welsh Dental Committee.

[F222The Welsh Development Agency.]

The Welsh Industrial Development Advisory Board.

The Welsh Language Board.

The Welsh Medical Committee.

[F223The Welsh National Board for Nursing, Midwifery and Health Visiting.]

The Welsh Nursing and Midwifery Committee.

The Welsh Optometric Committee.

The Welsh Pharmaceutical Committee.

The Welsh Scientific Advisory Committee.

The Westminster Foundation for Democracy.

[F224The West Midlands Industrial Development Board.]

The Wilton Park Academic Council.

The Wine Standards Board of the Vintners’ Company.

The Women’s National Commission.

[F225The Yorkshire and the Humber and the East Midlands Industrial Development Board.]

The Youth Justice Board for England and Wales.

The Zoos Forum.

Textual Amendments

F38Sch. 1 Pt. VI: entry inserted (16.12.2004) by Higher Education Act 2004 (c. 8), ss. 49, 52(2), Sch. 6 para. 10; S.I. 2004/3255, art. 2

F39Sch. 1 Pt. VI: words in entry repealed (1.4.2008) by Local Government and Public Involvement in Health Act 2007 (c. 28), ss. 146(3), 241, 245, Sch. 9 para. 1(1)(2)(q), Sch. 18 Pt. 9; S.I. 2008/172, art. 4(a)(n)(i) (as amended by S.I. 2008/337)

F41Sch. 1 Pt. 6: entry inserted (6.4.2005) by Pensions Act 2004 (c. 35), ss. 319(1), 322, Sch. 12 para. 79; S.I. 2005/275, art. 2(7), Sch. Pt. 7 (subject to art. 2(12))

F49Sch. 1 Pt. 6: entry repealed (1.4.2002) by The Abolition of the Central Council for Education and Training in Social Work Order 2002 (S.I. 2002/797), art. 2(c)

F50Entry in Sch. 1 Pt. VI inserted (1.4.2002) by 2001 c. 16, s. 102, Sch. 4 para. 8; S. I. 2002/533, art. 2

F51Sch. 1 Pt. 6: entry repealed (1.4.2007) by Police and Justice Act 2006 (c. 48), ss. 52, 53, Sch. 15 Pt. 1(A); S.I. 2007/709, art. 3(o)(q) (subject to arts. 6, 7)

F54Words in Sch. 1 Pt. VI inserted (10.6.2008 for specified purposes and 24.7.2008 otherwise) by Child Maintenance and Other Payments Act 2008 (c. 6), ss. 1, 62, Sch. 1 para. 29; S.I. 2008/1476, art. 2(1); S.I. 2008/2033, art. 2(1)

F57Sch. 1 Pt. 6: entry inserted (18.4.2006) by Equality Act 2006 (c. 3), ss. 2, 93, Sch. 1 para. 48 (with s. 92); S.I. 2006/1082, art. 2(a)(l)

F62Sch. 1 Pt. 6: entry repealed (1.10.2007) by Equality Act 2006 (c. 3), ss. 40, 91, 93(1), Sch. 3 para. 60, Sch. 4 (with s. 92); S.I. 2007/2603, art. 2(a)(d) (subject to art. 3)

F63Sch. 1 Pt. VI: entry inserted (2.5.2006 for E.W. and 1.10.2006 otherwise) by Natural Environment and Rural Communities Act 2006 c. 16), ss. 105(1), 107, {Sch. 11 para. 153(2)}; S.I. 2006/1176, art. 4; S.I. 2006/2541, art. 2

F67Sch. 1 Pt. 6: entry repealed (1.10.2006) by Natural Environment and Rural Communities Act 2006 c. 16), ss. 105, 107, Sch. 11 para. 153(3), {Sch. 12}; S.I. 2006/2541, art. 2

F68Sch. 1 Pt. 6: entry inserted (26.11.2008) by Climate Change Act 2008 (c. 27), ss. 32, 100, Sch. 1 para. 33

F77Sch. 1 Pt. 6: entry inserted (29.12.2003) by Communications Act 2003 (c. 21), ss. 406(1)(7), 411(2), Sch. 17 para. 164 (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (subject to art. 3(3) and with art. 11)

F78Sch. 1 Pt. 6: entry omitted by virtue of The Health Professions Order 2001 (S.I. 2002/254), art. 48(3), Sch. 4 para. 9 (with art. 3(19)) (the amendment coming into force in accordance with art. 1(2)(3) of the amending S.I.)

F86Sch. 1 Pt. VI: entry inserted (1.7.2004) by Higher Education Act 2004 (c. 8), ss. 49, 52(1), Sch. 6 para. 10

F91Sch. 1 Pt. 6: entry omitted (coming into force in accordance with art. 1(2)(3) of the amending S.I.) by virtue of The Nursing and Midwifery Order 2001 (S.I. 2002/253), art. 54(3), Sch. 5 para. 17(a) (with art. 3(18))

F92Sch. 1 Pt. 6: entry repealed (1.10.2007) by Equality Act 2006 (c. 3), ss. 40, 91, 93(1), Sch. 3 para. 60, Sch. 4 (with s. 92); S.I. 2007/2603, art. 2(a)(d) (subject to art. 3)

F100Sch. 1 Pt. 6: entry for "Gambling Commission" substituted (1.10.2005) for entry for "Gaming Board of Great Britain" by Gambling Act 2005 (c. 19), ss. 356(1), 358(1), Sch. 16 para. 16 (with ss. 352, 354, Sch. 16 para. 21); S.I. 2005/2455, art. 2(1), Sch.

F109Sch. 1 Pt. VI: entry inserted (coming into force in accordance with art. 1(2)(3)) by The Health Professions Order 2001 (2002/254), art. 48(3), {Sch. 4 para. 9} (with art. 3(19))

F112Sch. 1 Pt. 6: entry substituted (1.1.2001) by virtue of 2000 c. 21, s. 73(3)(a); S.I. 2000/3230, art. 2, Sch.

F116Sch. 1 Pt. 6: entry inserted (1.4.2005) by Human Tissue Act 2004 (c. 30), ss. 13(2), 60(2), Sch. 2 para. 27 (with s. 37(7)); S.I. 2005/919, art. 3, Sch. (with art. 2)

F126Sch. 1 Pt. 6: entry omitted (30.4.2001) by virtue of S.I. 2001/1283, art. 3(7)

F138Sch. 1 Pt. 6: entry repealed (1.12.2006) by National Lottery Act 2006 (c. 23), ss. 21, 22, Sch. 3; S.I. 2006/3201, art. 2(e)

F147Sch. 1 Pt. VI: entry inserted (1.4.2007) by Police and Justice Act 2006 (c. 48), ss. 1(3), 53, Sch. 1 para. 74; S.I. 2007/709, art. 3(a) (subject to arts. 6, 7)

F149Sch. 1 Pt. 6: entry inserted (2.5.2006 for E.W. and 1.10.2006 otherwise) by Natural Environment and Rural Communities Act 2006 (c. 16), ss. 105(1), 107, Sch. 11 para. 153(2); S.I. 2006/1176, art. 4; S.I. 2006/2541, art. 2

F150Sch. 1 Pt. 6: entry repealed (1.12.2006) by National Lottery Act 2006 (c. 23), ss. 21, 22, Sch. 3; S.I. 2006/3201, art. 2(e)

F154Sch. 1 Pt. 6: entry inserted (27.7.2004) by Energy Act 2004 (c. 20), ss. 2(10), 198(2), Sch. 1 para. 18; S.I. 2004/1973, art. 2, Sch.

F156Sch. 1 Pt. 6: entry inserted (coming into force in accordance with art. 1(2)(3) of the amending S.I.) by The Nursing and Midwifery Order 2001 (S.I. 2002/253), art. 54(3), Sch. 5 para. 17(b) (with art. 3(18))

F157Sch. 1 Pt. 6: entry repealed (6.4.2005) by Pensions Act 2004 (c. 35), ss. 320, 322, Sch. 13 Pt. 1; S.I. 2005/275, art. 2(7), Sch. Pt. 7 (subject to art. 2(12))

F164Sch. 1 Pt. 6: entry inserted (6.4.2005) by Pensions Act 2004 (c. 35), ss. 319(1), 322, Sch. 12 para. 79; S.I. 2005/275, art. 2(7), Sch. Pt. 7 (subject to art. 2(12))

F165Sch. 1 Pt. VI: entry inserted (11.5.2001) by 2001 c. 15, s. 67, Sch. 5 Pt. 3 para. 18 (with ss. 64(9), 65(4))

F166Sch. 1 Pt. 6: entry repealed (1.9.2005) by Pensions Act 2004 (c. 35), ss. 320, 322, Sch. 13 Pt. 1; S.I. 2005/1720, art. 2(16), Sch. Pt. 3 (with arts. 4, 5)

F167Sch. 1 Pt. 6: entry inserted (6.4.2005) by Pensions Act 2004 (c. 35), ss. 319(1), 322, Sch. 12 para. 79; S.I. 2005/275, art. 2(7), Sch. Pt. 7 (subject to art. 2(12))

F173Sch. 1 Pt. 6: entry repealed (1.4.2007) by Police and Justice Act 2006 (c. 48), ss. 52, 53, Sch. 15 Pt. 1(A); S.I. 2007/709, art. 3(o)(q) (subject to arts. 6, 7)

F188Sch. 1 Pt. 6: entry repealed (29.12.2003) by Communications Act 2003 (c. 21), ss. 406(6)(7), 411(2), Sch. 19(1) (with Sch. 18, Sch. 19(1) Note 1); S.I. 2003/3142, art. 3(1), Sch. 1 (subject to art. 3(3) and with art. 11)

F191Sch. 1 Pt. 6: entry inserted (1.4.2003) by 2001 c. 12, ss. 1, 26, Sch. 1 para. 23; S.I. 2002/3125, art. 3(d)

F204Sch. 1 Pt. 6: entry repealed (1.12.2006) by Railways Act 2005 (c. 14), ss. 59(6)(7), 60, Sch. 13 (with s. 14(4)(5), Sch. 11 para. 11(2)); S.I. 2006/2911, art. 2, Sch. (subject to arts. 3-7)

F207Sch. 1 Pt. 6: entry repealed (1.9.2005) by Education Act 2005 (c. 18), ss. 123, 125(3)(b), Sch. 19 Pt. 3

F209Sch. 1 Pt. VI: entry inserted (1.9.2005) by Education Act 2005 (c. 18), ss. 98, 125(3), Sch. 14 para. 22

F212Sch. 1 Pt. 6: entry omitted by virtue of The Nursing and Midwifery Order 2001 (S.I. 2002/253), art. 54(3), Sch. 5 para. 17(b) (with art. 3(18)) (the amendment coming into force in accordance with art. 1(2)(3) of the amending S.I.)

F214Sch. 1 Pt. 6: entry inserted (1.4.2004) by Local Government Act 2003 (c. 26), ss. 105(9), 128, Sch. 4 para. 24; S.I. 2003/2938, art. 6(a) (subject to art. 8, Sch.)

F220Sch. 1 Pt. 6: entry repealed (29.12.2003) by Communications Act 2003 (c. 21), ss. 406(6)(7), 411(2), Sch. 19(1) (with Sch. 18, Sch. 19(1) Note 1); S.I. 2003/3142, art. 3(1), Sch. 1 (subject to art. 3(3) and with art. 11)

F223Sch. 1 Pt. 6: entry omitted by virtue of The Nursing and Midwifery Order 2001 (S.I. 2002/253), art. 54(3), Sch. 5 para. 17 (with art. 3(18)) (the amendment coming into force in accordance with art. 1(2)(3) of the amending S.I.)

Marginal Citations

X2Part VIIU.K. Other public bodies and offices: Northern Ireland

Editorial Information

X2Sch. 1 Pt. 7: due to the large number of entries contained in Sch. 1 Pt. 7 and the frequency with which it has been amended, no separate versions are retained in respect of amendments coming into force after 8.10.2001 or which are not yet in force. Historic information relating to all such amendments is reflected in the current version.

  • [F226An advisory committee established under paragraph 25 of the Health and Personal Social Services (Northern Ireland) Order 1972.]

  • [F227An Advisory Committee on General Commissioners of Income Tax (Northern Ireland).]

  • The Advisory Committee on Justices of the Peace in Northern Ireland.

  • [F228The Advisory Committee on Juvenile Court Lay Panel (Northern Ireland). ]

  • The Advisory Committee on Pesticides for Northern Ireland.

  • [F229The Agricultural Research Institute of Northern Ireland.]

  • The Agricultural Wages Board for Northern Ireland.

  • [F230The Agri-food and Biosciences Institute]

  • The Arts Council of Northern Ireland.

  • The Assembly Ombudsman for Northern Ireland.

  • [F231The Attorney General for Northern Ireland.]

  • [F232The Belfast Harbour Commissioners.]

  • The Board of Trustees of National Museums and Galleries of Northern Ireland.

  • [F233Boards of Visitors and Visiting Committees.]

  • The Boundary Commission for Northern Ireland.

  • [F234A central advisory committee established under paragraph 24 of the Health and Personal Social Services (Northern Ireland) Order 1972.]

  • [F235The Certification Officer for Northern Ireland.]

  • The Charities Advisory Committee.

  • [F236The Charity Commission for Northern Ireland]

  • The Chief Electoral Officer for Northern Ireland.

  • [F237The Chief Inspector of Criminal Justice in Northern Ireland.]

  • The Civil Service Commissioners for Northern Ireland.

  • [F238Comhairle na Gaelscolaíochta.]

  • [F239The Commission for Victims and Survivors for Northern Ireland]

  • [F240The Commissioner for Children and Young People for Northern Ireland]

  • [F241The Commissioner for Older People for Northern Ireland]

  • The Commissioner for Public Appointments for Northern Ireland.

  • [F242[F243The Commissioner for Victims and Survivors for Northern Ireland]]

  • The Construction Industry Training Board.

  • The consultative Civic Forum referred to in section 56(4) of the M54Northern Ireland Act 1998.

  • The Council for Catholic Maintained Schools.

  • The Council for Nature Conservation and the Countryside.

  • The County Court Rules Committee (Northern Ireland).

  • [F244The Criminal Injuries Compensation Appeals Panel for Northern Ireland, in relation to information held by it otherwise than as a tribunal.]

  • [F245A development corporation established under Part III of the Strategic Investment and Regeneration of Sites (Northern Ireland) Order 2003]

  • [F246The Disability Living Allowance Advisory Board for Northern Ireland.]

  • The Distinction and Meritorious Service Awards Committee.

  • [F247[F248A district policing partnership.]]

  • The Drainage Council for Northern Ireland.

  • An Education and Library Board established under Article 3 of the M55Education and Libraries (Northern Ireland) Order 1986.

  • [F249Enterprise Ulster.]

  • The Equality Commission for Northern Ireland.

  • The Family Proceedings Rules Committee (Northern Ireland).

  • [F250The Fire Authority for Northern Ireland.]

  • [F251The Fisheries Conservancy Board for Northern Ireland.]

  • The General Consumer Council for Northern Ireland.

  • [F252The General Teaching Council for Northern Ireland.]

  • [F253The Governors of the Armargh Observatory and Planetarium.]

  • [F254The 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.

  • [F255The 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.

  • [F257The Industrial Development Board for Northern Ireland.]

  • [F257The Industrial Research and Technology Unit.]

  • [F258Invest Northern Ireland]

  • [F259The Juvenile Justice Board.]

  • The Labour Relations Agency.

  • [F260The Laganside Corporation.]

  • [F261[F262The Law Reform Advisory Committee for Northern Ireland.]]

  • The Lay Observer for Northern Ireland.

  • [F263[F259The Learning and Skills Advisory Board.]]

  • [F264The Legal Aid Advisory Committee (Northern Ireland).]

  • [F265[F266The Life Sentence Review Commissioners appointed under Article 3 of the Life Sentences (Northern Ireland) Order 2001.]]

  • The Livestock & Meat Commission for Northern Ireland.

  • [F257The Local Enterprise Development Unit.]

  • The Local Government Staff Commission.

  • [F267The Londonderry Port and Harbour Commissioners.]

  • The Magistrates’ Courts Rules Committee (Northern Ireland).

  • [F268The Mental Health Commission for Northern Ireland.]

  • [F269The Northern Ireland Advisory Committee on Telecommunications.]

  • The Northern Ireland Audit Office.

  • [F270The 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.

  • [F259The Northern Ireland Consumer Committee for Electricity.]

  • The Northern Ireland Council for the Curriculum, Examinations and Assessment.

  • [F259The Northern Ireland Council for Postgraduate Medical and Dental Education.]

  • [F271The Northern Ireland Court of Judicature Rules Committee.]

  • The Northern Ireland Crown Court Rules Committee.

  • [F272The Northern Ireland Economic Council.]

  • [F273The Northern Ireland Events Company.]

  • [F274The Northern Ireland Fire and Rescue Service Board]

  • The Northern Ireland Fishery Harbour Authority.

  • [F275The Northern Ireland Health and Personal Social Services Regulation and Improvement Authority.]

  • The Northern Ireland Higher Education Council.

  • The Northern Ireland Housing Executive.

  • The Northern Ireland Human Rights Commission.

  • The Northern Ireland Insolvency Rules Committee.

  • [F276The Northern Ireland Judicial Appointments Commission.]

  • [F277The Northern Ireland Law Commission.]

  • [F278The Northern Ireland Legal Services Commission.]

  • [F279The Northern Ireland Library Authority]

  • The Northern Ireland Local Government Officers’ Superannuation Committee.

  • The Northern Ireland Museums Council.

  • [F280The Northern Ireland Pig Production Development Committee.]

  • [F281The Northern Ireland Practice and Education Council for Nursing and Midwifery.]

  • [F282The Northern Ireland Social Care Council.]

  • [F283The Northern Ireland Supreme Court Rules Committee.]

  • The Northern Ireland Tourist Board.

  • The Northern Ireland Transport Holding Company.

  • [F284The Northern Ireland Water Council.]

  • [F285[F272Obstetrics Committee.]]

  • The Parades Commission.

  • [F286Parole Commissioners for Northern Ireland]

  • [F287The Pharmaceutical Society of Northern Ireland, in respect of information held by it otherwise than as a tribunal.]

  • [F288The Poisons Board (Northern Ireland).]

  • The Police Ombudsman for Northern Ireland.

  • [F289A policing and community safety partnership or a district policing and community safety partnership established under Part 3 of the Justice (Northern Ireland) Act 2011.]

  • [F290The Prisoner Ombudsman for Northern Ireland.]

  • The Probation Board for Northern Ireland.

  • [F291The Royal Ulster Constabulary George Cross Foundation.]

  • The Rural Development Council for Northern Ireland.

  • [F292The Safeguarding Board for Northern Ireland]

  • The Sentence Review Commissioners appointed under section 1 of the M56Northern Ireland (Sentences) Act 1998.

  • The social fund Commissioner appointed under Article 37 of the M57Social Security (Northern Ireland) Order 1998.

  • The Sports Council for Northern Ireland.

  • The Staff Commission for Education and Library Boards.

  • The Statistics Advisory Committee.

  • The Statute Law Committee for Northern Ireland.

  • [F293[F294A sub-group established under section 21 of the Police (Northern Ireland) Act 2000.]]

  • [F259The Training and Employment Agency.]

  • Ulster Supported Employment Ltd.

  • [F295The Warrenpoint Harbour Authority.]

  • [F296The Waste Management Advisory Board.]

  • The Youth Council for Northern Ireland.

Textual Amendments

F247Sch. 1 Pt. VII: entry inserted (4.11.2001) by 2000 c. 32, s. 74, Sch. 6 para. 25(3); S.R. 2001/396, art. 2, Sch.

F261Sch. 1 Pt. VII: entry repealed (prosp.) by Justice (Northern Ireland) Act 2002 (c. 26), ss. 86, 87(1), Sch. 13

F265Entry in Sch. 1 Pt. VII inserted (8.10.2001) by S.I. 2001/2565, arts. 1(2), 4; S.R. 2001/337, art. 2

F269Sch. 1 Pt. 7: entry repealed (29.12.2003) by Communications Act 2003 (c. 21), ss. 406(6)(7), 411(2), Sch. 19(1) (with Sch 18, Sch. 19(1) Note 1); S.I. 2003/3142, art. 3(1), Sch. 1 (subject to art. 3(3) and with art. 11)

F292Sch. 1 Pt. 7: entry inserted (N.I.) (prosp.) by Safeguarding Board Act (Northern Ireland) 2011 (c. 7), ss. 13(3), 17(2)

F293Sch. 1 Pt. VII: entry inserted (N.I.) (4.9.2007) by Police (Northern Ireland) Act 2003 (c. 6), s. 19, Sch. 1 para. 15; S.R. 2007/371, art. 2(c)

Marginal Citations

Section 18(4).

SCHEDULE 2U.K. The Commissioner and the Tribunal

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

GeneralU.K.

1(1)Any reference in any enactment, instrument or document to the Data Protection Commissioner or the Data Protection Registrar shall be construed, in relation to any time after the commencement of section 18(1), as a reference to the Information Commissioner.

(2)Any reference in any enactment, instrument or document to the Data Protection Tribunal shall be construed, in relation to any time after the commencement of section 18(2), as a reference to the Information Tribunal.

Commencement Information

I1Sch. 2 para. 1 wholly in force at 14.5.2001; Sch. 2 para. 1(1) in force at 30.1.2001, see s. 87(2)(c)(3); Sch. 1 para. 1(2) in force at 14.5.2001 by S.I. 2001/1637, art. 2(b)

Valid from 01/04/2007

[F2971AU.K.The Office for Standards in Education, Children's Services and Skills, in respect of information held for purposes other than those of the functions exercisable by Her Majesty's Chief Inspector of Education, Children's Services and Skills by virtue of section 5(1)(a)(iii) of the Care Standards Act 2000.]

Textual Amendments

2(1)Any reference in this Act or in any instrument under this Act to the Commissioner shall be construed, in relation to any time before the commencement of section 18(1), as a reference to the Data Protection Commissioner.

(2)Any reference in this Act or in any instrument under this Act to the Tribunal shall be construed, in relation to any time before the commencement of section 18(2), as a reference to the Data Protection Tribunal.

Public Records Act 1958 (c. 51)U.K.

3(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)In paragraph 4(1) of that Schedule, for paragraph (nn) there is substituted—

“(nn)records of the Information Tribunal;”.

Commencement Information

I2Sch. 2 para. 3 wholly in force at 14.5.2001; Sch. 2 para. 3(1) in force at 30.1.2001, see s. 87(2)(c)(3); Sch. 2 para. 3(2) in force at 14.5.2001 by S.I. 2001/1637, art. 2(b)

Parliamentary Commissioner Act 1967 (c. 13)U.K.

4U.K.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”.

5In Schedule 4 to that Act (tribunals exercising administrative functions), for the entry relating to the Data Protection Tribunal there is substituted—

“Information Tribunal constituted under section 6 of the Data Protection Act 1998.”

Superannuation Act 1972 (c. 11)U.K.

6U.K.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)U.K.

7U.K.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)U.K.

8(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—U.K.

“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”.

Commencement Information

I3Sch. 2 para. 8 wholly in force at 14.5.2001; Sch. 2 para. 8(2) in force at 30.1.2001, see s. 87(2)(c)(3); Sch. 2 para. 8(1) in force at 14.5.2001 by S.I. 2001/1637, art. 2(b)

Northern Ireland Assembly Disqualification Act 1975 (c. 25)U.K.

9(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—U.K.

“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”.

Commencement Information

I4Sch. 2 para. 9 wholly in force at 14.5.2001; Sch. 2 para. 9(2) in force at 30.1.2001, see s. 87(2)(c)(3); Sch. 2 para. 9(1) in force at 14.5.2001 by S.I. 2001/1637, art. 2(b)

Tribunals and Inquiries Act 1992 (c. 53)U.K.

10In 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)for sub-paragraph (b) there is substituted—

“(b)the Information Tribunal constituted under that section, in respect of its jurisdiction under—

(i)section 48 of that Act, and

(ii)section 57 of the Freedom of Information Act 2000.”

Commencement Information

I5Sch. 2 para. 10 wholly in force at 30.11.2002; Sch. 2 para. 10(a) in force at 30.1.2001, see s. 87(2)(c)(3); Sch. 2 para. 10(b) in force at 30.11.2002 by S.I. 2002/2812, art. 2(h)

Judicial Pensions and Retirement Act 1993 (c. 8)U.K.

11In Schedule 5 to the Judicial Pensions and Retirement Act 1993 (retirement provisions: the relevant offices), in the entry relating to the chairman and deputy chairman of the Data Protection Tribunal, for “the Data Protection Tribunal” there is substituted “ the Information Tribunal ”.

12U.K.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)U.K.

13(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)For subsection (3) there is substituted—

“(3)For the purposes of this Act and of the Freedom of Information Act 2000 there shall be a tribunal known as the Information Tribunal (in this Act referred to as “the Tribunal”).”

Commencement Information

I6Sch. 2 para. 13 wholly in force at 14.5.2001; Sch. 2 para. 13(1)(2) in force at 30.1.2001, see s. 87(2)(c)(3); Sch. 2 para. 13(3) in force at 14.5.2001 by S.I. 2001/1637, art. 2(b)

14In 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)in the definition of “the Tribunal”, for “the Data Protection Tribunal” there is substituted “ the Information Tribunal ”.

Commencement Information

I7Sch. 2 para. 14 wholly in force at 14.5.2001; Sch. 2 para. 14(a) in force at 30.1.2001, see s. 87(2)(c)(3); Sch. 2 para. 14(b) in force at 14.5.2001 by S.I. 2001/1637, art. 2(b)

15(1)Schedule 5 to that Act (the Data Protection Commissioner and the Data Protection Tribunal) is amended as follows.U.K.

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

(3)Part III shall cease to have effect.

Commencement Information

I8Sch. 2 para. 15 wholly in force at 14.5.2001; Sch. 2 para. 15(1)(2) in force at 30.1.2001, see s. 87(2)(c)(3); Sch. 2 para. 15(3) in force at 14.5.2001 by S.I. 2001/1637, art. 2(b)

Part IIU.K. Amendments relating to extension of functions of Commissioner and Tribunal

Interests represented by lay members of TribunalU.K.

16In section 6(6) of the M58Data Protection Act 1998 (lay members of Tribunal)—

(a)for the word “and” at the end of paragraph (a) there is substituted—

“(aa)persons to represent the interests of those who make requests for information under the Freedom of Information Act 2000,”,

and

(b)after paragraph (b) there is inserted “and

(bb)persons to represent the interests of public authorities.”

Marginal Citations

Expenses incurred under this Act excluded in calculating feesU.K.

17In section 26(2) of that Act (fees regulations), in paragraph (a)—

(a)after “functions” there is inserted “ under this Act ”, and

(b)after “Tribunal” there is inserted “ so far as attributable to their functions under this Act ”.

Information provided to Commissioner or TribunalU.K.

18U.K.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.U.K.

(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 commissionersU.K.

20(1)Paragraph 4 of Schedule 5 to that Act (officers and staff) is amended as follows.U.K.

(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 othersU.K.

21(1)Paragraph 5 of Schedule 5 to that Act (exercise of functions of Commissioner during vacancy etc.) is amended as follows.U.K.

(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 ”.

MoneyU.K.

22U.K.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 ”.

Section 55.

SCHEDULE 3U.K. Powers of entry and inspection

Modifications etc. (not altering text)

C1Sch. 3 applied (with modifications) (31.12.2009) by The INSPIRE Regulations 2009 (S.I. 2009/3157), {reg. 11(1)-(3)(9)}

Issue of warrantsU.K.

1(1)If a circuit judge is satisfied by information on oath supplied by the Commissioner that there are reasonable grounds for suspecting—

(a)that a public authority has failed or is failing to comply with—

(i)any of the requirements of Part I of this Act,

(ii)so much of a decision notice as requires steps to be taken, or

(iii)an information notice or an enforcement notice, or

(b)that an offence under section 77 has been or is being committed,

and that evidence of such a failure to comply or of the commission of the offence is to be found on any premises specified in the information, he may, subject to paragraph 2, grant a warrant to the Commissioner.

(2)A warrant issued under sub-paragraph (1) shall authorise the Commissioner or any of his officers or staff at any time within seven days of the date of the warrant—

(a)to enter and search the premises,

(b)to inspect and seize any documents or other material found there which may be such evidence as is mentioned in that sub-paragraph, and

(c)to inspect, examine, operate and test any equipment found there in which information held by the public authority may be recorded.

Modifications etc. (not altering text)

C2Sch. 3 para. 1: powers of seizure extended (1.4.2003) by 2001 c. 16, ss. 50, 52-54, 68, 138(2), Sch. 1 Pt. 1 para. 73; S.I. 2003/708, art. 2

Commencement Information

I9Sch. 3 para. 1 wholly in force at 1.1.2005; Sch. 3 para. 1 not in force at Royal Assent, see s. 87(3); Sch. 3 para. 1 in force for certain purposes at 30.11.2002 by S.I. 2002/2812, art. 2(d)(e); Sch. 3 para. 1 in force for certain further purposes at 1.1.2005 by S.I. 2004/1909, art. 2 and otherwise in force at 1.1.2005 by S.I. 2004/3122, art. 2

2(1)A judge shall not issue a warrant under this Schedule unless he is satisfied—U.K.

(a)that the Commissioner has given seven days’ notice in writing to the occupier of the premises in question demanding access to the premises, and

(b)that either—

(i)access was demanded at a reasonable hour and was unreasonably refused, or

(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.

Commencement Information

I10Sch. 3 para. 2 wholly in force at 1.1.2005; Sch. 3 para. 2 not in force at Royal Assent, see s. 87(3); Sch. 3 para. 2 in force for certain purposes at 30.11.2002 by S.I. 2002/2812, art. 2(d)(e); Sch. 3 para. 2 in force for certain further purposes at 1.1.2005 by S.I. 2004/1909, art. 2 and otherwise in force at 1.1.2005 by S.I. 2004/3122, art. 2

3U.K.A judge who issues a warrant under this Schedule shall also issue two copies of it and certify them clearly as copies.

Commencement Information

I11Sch. 3 para. 3 wholly in force at 1.1.2005; Sch. 3 para. 3 not in force at Royal Assent, see s. 87(3); Sch. 3 para. 3 in force for certain purposes at 30.11.2002 by S.I. 2002/2812, art. 2(d)(e); Sch. 3 para. 3 in force for certain further purposes at 1.1.2005 by S.I. 2004/1909, art. 2 and otherwise in force at 1.1.2005 by S.I. 2004/3122, art. 2

Execution of warrantsU.K.

4U.K.A person executing a warrant issued under this Schedule may use such reasonable force as may be necessary.

Commencement Information

I12Sch. 3 para. 4 wholly in force at 1.1.2005; Sch. 3 para. 4 not in force at Royal Assent, see s. 87(3); Sch. 3 para. 4 in force for certain purposes at 30.11.2002 by S.I. 2002/2812, art. 2(d)(e); Sch. 3 para. 4 in force for certain further purposes at 1.1.2005 by S.I. 2004/1909, art. 2 and otherwise in force at 1.1.2005 by S.I. 2004/3122, art. 2

5U.K.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.

Commencement Information

I13Sch. 3 para. 5 wholly in force at 1.1.2005; Sch. 3 para. 5 not in force at Royal Assent, see s. 87(3); Sch. 3 para. 5 in force for certain purposes at 30.11.2002 by S.I. 2002/2812, art. 2(d)(e); Sch. 3 para. 5 in force for certain further purposes at 1.1.2005 by S.I. 2004/1909, art. 2 and otherwise in force at 1.1.2005 by S.I. 2004/3122, art. 2

6(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.U.K.

(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.

Commencement Information

I14Sch. 3 para. 6 wholly in force at 1.1.2005; Sch. 3 para. 6 not in force at Royal Assent, see s. 87(3); Sch. 3 para. 6 in force for certain purposes at 30.11.2002 by S.I. 2002/2812, art. 2(d)(e); Sch. 3 para. 6 in force for certain further purposes at 1.1.2005 by S.I. 2004/1909, art. 2 and otherwise in force at 1.1.2005 by S.I. 2004/3122, art. 2

7(1)A person seizing anything in pursuance of a warrant under this Schedule shall give a receipt for it if asked to do so.U.K.

(2)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.

Modifications etc. (not altering text)

Commencement Information

I15Sch. 3 para. 7 wholly in force at 1.1.2005; Sch. 3 para. 7 not in force at Royal Assent, see s. 87(3); Sch. 3 para. 7 in force for certain purposes at 30.11.2002 by S.I. 2002/2812, art. 2(d)(e); Sch. 3 para. 7 in force for certain further purposes at 1.1.2005 by S.I. 2004/1909, art. 2 and otherwise in force at 1.1.2005 by S.I. 2004/3122, art. 2

Matters exempt from inspection and seizureU.K.

8U.K.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).

Commencement Information

I16Sch. 3 para. 8 wholly in force at 1.1.2005; Sch. 3 para. 8 not in force at Royal Assent, see s. 87(3); Sch. 3 para. 8 in force for certain purposes at 30.11.2002 by S.I. 2002/2812, art. 2(d)(e); Sch. 3 para. 8 in force for certain further purposes at 1.1.2005 by S.I. 2004/1909, art. 2 and otherwise in force at 1.1.2005 by S.I. 2004/3122, art. 2

9(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—U.K.

(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.

(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.

Commencement Information

I17Sch. 3 para. 9 wholly in force at 1.1.2005; Sch. 3 para. 9 not in force at Royal Assent, see s. 87(3); Sch. 3 para. 9 in force for certain purposes at 30.11.2002 by S.I. 2002/2812, art. 2(d)(e); Sch. 3 para. 9 in force for certain further purposes at 1.1.2005 by S.I. 2004/1909, art. 2 and otherwise in force at 1.1.2005 by S.I. 2004/3122, art. 2

10U.K.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.

Commencement Information

I18Sch. 3 para. 10 wholly in force at 1.1.2005; Sch. 3 para. 10 not in force at Royal Assent, see s. 87(3); Sch. 3 para. 10 in force for certain purposes at 30.11.2002 by S.I. 2002/2812, art. 2(d)(e); Sch. 3 para. 10 in force for certain further purposes at 1.1.2005 by S.I. 2004/1909, art. 2 and otherwise in force at 1.1.2005 by S.I. 2004/3122, art. 2

Return of warrantsU.K.

11U.K.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.

Commencement Information

I19Sch. 3 para. 11 wholly in force at 1.1.2005; Sch. 3 para. 11 not in force at Royal Assent, see s. 87(3); Sch. 3 para. 11 in force for certain purposes at 30.11.2002 by S.I. 2002/2812, art. 2(d)(e); Sch. 3 para. 11 in force for certain further purposes at 1.1.2005 by S.I. 2004/1909, art. 2 and otherwise in force at 1.1.2005 by S.I. 2004/3122, art. 2

OffencesU.K.

12U.K.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.

Modifications etc. (not altering text)

Commencement Information

I20Sch. 3 para. 12 wholly in force at 1.1.2005; Sch. 3 para. 12 not in force at Royal Assent, see s. 87(3); Sch. 3 para. 12 in force for certain purposes at 30.11.2002 by S.I. 2002/2812, art. 2(d)(e); Sch. 3 para. 12 in force for certain further purposes at 1.1.2005 by S.I. 2004/1909, art. 2 and otherwise in force at 1.1.2005 by S.I. 2004/3122, art. 2

Vessels, vehicles etc.U.K.

13U.K.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.

Commencement Information

I21Sch. 3 para. 13 wholly in force at 1.1.2005; Sch. 3 para. 13 not in force at Royal Assent, see s. 87(3); Sch. 3 para. 13 in force for certain purposes at 30.11.2002 by S.I. 2002/2812, art. 2(d)(e); Sch. 3 para. 13 in force for certain further purposes at 1.1.2005 by S.I. 2004/1909, art. 2 and otherwise in force at 1.1.2005 by S.I. 2004/3122, art. 2

Scotland and Northern IrelandU.K.

14U.K.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.

Commencement Information

I22Sch. 3 para. 14 wholly in force at 1.1.2005; Sch. 3 para. 14 not in force at Royal Assent, see s. 87(3); Sch. 3 para. 14 in force for certain purposes at 30.11.2002 by S.I. 2002/2812, art. 2(d)(e); Sch. 3 para. 14 in force for certain further purposes at 1.1.2005 by S.I. 2004/1909, art. 2 and otherwise in force at 1.1.2005 by S.I. 2004/3122, art. 2

15U.K.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.

Commencement Information

I23Sch. 3 para. 15 wholly in force at 1.1.2005; Sch. 3 para. 15 not in force at Royal Assent, see s. 87(3); Sch. 3 para. 15 in force for certain purposes at 30.11.2002 by S.I. 2002/2812, art. 2(d)(e); Sch. 3 para. 15 in force for certain further purposes at 1.1.2005 by S.I. 2004/1909, art. 2 and otherwise in force at 1.1.2005 by S.I. 2004/3122, art. 2

Section 61(1).

SCHEDULE 4U.K. Appeal proceedings: amendments of Schedule 6 to M59Data Protection Act 1998

Marginal Citations

Constitution of Tribunal in national security casesU.K.

1In paragraph 2(1) of Schedule 6 to the M60Data 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 ”.

Marginal Citations

Valid from 01/01/2005

2For paragraph 3 of that Schedule there is substituted—

“3The 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.”

Commencement Information

I24Sch. 4 para. 2 wholly in force at 1.1.2005; Sch. 4 para. 2 not in force at Royal Assent, see s. 87(3); Sch. 4 para. 2 in force for certain purposes at 1.1.2005 by S.I. 2004/1909, art. 2; Sch. 4 para. 2 otherwise in force at 1.1.2005 by S.I. 2004/3122, art. 2

Constitution of Tribunal in other casesU.K.

3(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) ”.

Modifications etc. (not altering text)

C5Sch. 4 para. 3 applied (with modifications) (31.12.2009) by The INSPIRE Regulations 2009 (S.I. 2009/3157), reg. 11(1)-(3)

Rules of procedureU.K.

4(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,”.

Modifications etc. (not altering text)

C6Sch. 4 para. 4 applied (with modifications) (31.12.2009) by The INSPIRE Regulations 2009 (S.I. 2009/3157), {reg. 11(1)-(3)(10)}

Section 67.

SCHEDULE 5U.K. Amendments of public records legislation

Part IU.K. Amendments of Public Records Act 1958

Functions of Advisory Council on Public RecordsU.K.

1U.K.In section 1 of the M61Public 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.”

Marginal Citations

Valid from 01/01/2005

Access to public recordsU.K.

2(1)Section 5 of that Act (access to public records) is amended in accordance with this paragraph.U.K.

(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.

3U.K.Schedule 2 of that Act (enactments prohibiting disclosure of information obtained from the public) is omitted.

Power to extend meaning of “public records”U.K.

4U.K.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.”

Valid from 01/01/2005

Part IIU.K. Amendment of Public Records Act (Northern Ireland) 1923

5U.K.After section 5 of the M62Public 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.”

Marginal Citations

Section 73.

SCHEDULE 6U.K. Further amendments of Data Protection Act 1998

Request by data controller for further informationU.K.

1U.K.In section 7 of the M63Data 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.”

Marginal Citations

Valid from 01/01/2005

ParliamentU.K.

2U.K.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.”

Commencement Information

I25Sch. 6 para. 2 wholly in force at 1.1.2005; Sch. 6 para. 2 not in force at Royal Assent, see s. 87(3); Sch. 6 para. 2 in force for certain purposes at 1.1.2005 by S.I. 2004/1909, art. 2 and otherwise in force at 1.1.2005 by S.I. 2004/3122, art. 2

3U.K.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.”

Commencement Information

I26Sch. 6 para. 3 wholly in force at 1.1.2005; Sch. 6 para. 3 not in force at Royal Assent, see s. 87(3); Sch. 6 para. 3 in force for certain purposes at 1.1.2005 by S.I. 2004/1909, art. 2 and otherwise in force at 1.1.2005 by S.I. 2004/3122, art. 2

4U.K.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,”.

Commencement Information

I27Sch. 6 para. 4 wholly in force at 1.1.2005; Sch. 6 para. 4 not in force at Royal Assent, see s. 87(3); Sch. 6 para. 4 in force for certain purposes at 1.1.2005 by S.I. 2004/1909, art. 2 and otherwise in force at 1.1.2005 by S.I. 2004/3122, art. 2

5U.K.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,”.

Commencement Information

I28Sch. 6 para. 5 wholly in force at 1.1.2005; Sch. 6 para. 5 not in force at Royal Assent, see s. 87(3); Sch. 6 para. 5 in force for certain purposes at 1.1.2005 by S.I. 2004/1909, art. 2 and otherwise in force at 1.1.2005 by S.I. 2004/3122, art. 2

HonoursU.K.

6U.K.In Schedule 7 to that Act (miscellaneous exemptions) in paragraph 3(b) (honours) after “honour” there is inserted “ or dignity ”.

Legal professional privilegeU.K.

7U.K.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 exemptionU.K.

8U.K.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.

Section 76(2).

SCHEDULE 7U.K. Disclosure of information by ombudsmen

The Parliamentary Commissioner for AdministrationU.K.

1U.K.At the end of section 11 of the M64Parliamentary 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—

“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 WalesU.K.

3U.K.In section 32 of the M65Local 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.”

Marginal Citations

4U.K.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 CommissionersU.K.

5U.K.At the end of section 15 of the M66Health 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—

“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 OmbudsmanU.K.

7In Schedule 9 to the M67Government of Wales Act 1998 (the Welsh Administration Ombudsman), at the end of paragraph 25 (confidentiality of information) 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 sub-paragraph (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

8After paragraph 27 of that Schedule there is inserted—

“ Disclosure of information to Information Commissioner

28(1)The Welsh Administration Ombudsman may disclose to the Information Commissioner any information obtained by, or furnished to, the Welsh Administration Ombudsman under or for the purposes of this Schedule if the information appears to the Welsh Administration 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 paragraph 25(1) applies in relation to the disclosure of information in accordance with this paragraph.”

The Northern Ireland Commissioner for ComplaintsU.K.

9U.K.At the end of Article 21 of the M68Commissioner 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—

“21A Disclosure of information 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 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 IrelandU.K.

11U.K.At the end of Article 19 of the M69Ombudsman (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—

“19A Disclosure of information to Information Commissioner

(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 ScotlandU.K.

13U.K.

[F298In section 30 of the M70Local 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

Marginal Citations

Section 86.

SCHEDULE 8U.K. Repeals

Part IU.K. Repeal coming into force on passing of Act

ChapterShort titleExtent 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 IIU.K. Repeals coming into force in accordance with section 87(2)

ChapterShort titleExtent 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)

Valid from 01/01/2005

Part IIIU.K. Repeals coming into force in accordance with section 87(3)

ChapterShort titleExtent 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).