SCHEDULES
SCHEDULE 1 Public authorities
Part I General
1
Any government department F1other than
F443a
the Competition and Markets Authority,
b
the Office for Standards in Education, Children's Services and Skills.
F4421ZA
The Competition and Markets Authority, in respect of information held otherwise than as a tribunal.
F51A
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.
2
The House of Commons F2, in respect of information other than—
a
information relating to any residential address of a member of either House of Parliament,
b
information relating to travel arrangements of a member of either House of Parliament, where the arrangements relate to travel that has not yet been undertaken or is regular in nature,
c
information relating to the identity of any person who delivers or has delivered goods, or provides or has provided services, to a member of either House of Parliament at any residence of the member,
d
information relating to expenditure by a member of either House of Parliament on security arrangements.
F431e
information held by the Intelligence and Security Committee of Parliament.
Paragraph (b) does not except information relating to the total amount of expenditure incurred on regular travel during any month.
3
The House of Lords F3, in respect of information other than—
a
information relating to any residential address of a member of either House of Parliament,
b
information relating to travel arrangements of a member of either House of Parliament, where the arrangements relate to travel that has not yet been undertaken or is regular in nature,
c
information relating to the identity of any person who delivers or has delivered goods, or provides or has provided services, to a member of either House of Parliament at any residence of the member,
d
information relating to expenditure by a member of either House of Parliament on security arrangements.
F432e
information held by the Intelligence and Security Committee of Parliament.
Paragraph (b) does not except information relating to the total amount of expenditure incurred on regular travel during any month.
4
The Northern Ireland Assembly.
5
The National Assembly for WalesF4, in respect of information other than—
a
information relating to any residential address of a member of the Assembly,
b
information relating to travel arrangements of a member of the Assembly, where the arrangements relate to travel that has not yet been undertaken or is regular in nature,
c
information relating to the identity of any person who delivers or has delivered goods, or provides or has provided services, to a member of the Assembly at any residence of the member,
d
information relating to expenditure by a member of the Assembly on security arrangements.
Paragraph (b) does not except information relating to the total amount of expenditure incurred on regular travel during any month.
F65A
the Welsh Assembly Government.
6
The armed forces of the Crown, except—
a
the special forces, and
b
any unit or part of a unit which is for the time being required by the Secretary of State to assist the Government Communications Headquarters in the exercise of its functions.
Part II Local government
England and Wales
7
A local authority within the meaning of the 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.
8
The Greater London Authority.
9
The Common Council of the City of London, in respect of information held in its capacity as a local authority, police authority or port health authority.
10
The Sub-Treasurer of the Inner Temple or the Under-Treasurer of the Middle Temple, in respect of information held in his capacity as a local authority.
11
The Council of the Isles of Scilly.
12
A parish meeting constituted under section 13 of the M2Local Government Act 1972.
13
Any charter trustees constituted under section 246 of the M3Local Government Act 1972.
F714
A fire and rescue authority constituted by a scheme under section 2 of the Fire and Rescue Services Act 2004 or a scheme to which section 4 of that Act applies.
15
A waste disposal authority established by virtue of an order under section 10(1) of the M4Local Government Act 1985.
F1415A
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).
16
A port health authority constituted by an order under section 2 of the M5Public Health (Control of Disease) Act 1984.
17
F8. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
18
An internal drainage board which is continued in being by virtue of section 1 of the M6Land Drainage Act 1991.
19
F1519A
An economic prosperity board established under section 88 of the Local Democracy, Economic Development and Construction Act 2009.
19B
A combined authority established under section 103 of that Act.
20
The London Fire and Emergency Planning Authority.
21
A joint fire authority established by virtue of an order under section 42(2) of the M8Local Government Act 1985 (reorganisation of functions).
22
A body corporate established pursuant to an order under section 67 of the M9Local Government Act 1985 (transfer of functions to successors of residuary bodies, etc.).
23
A body corporate established pursuant to an order under F10section 17 of the Local Government and Public Involvement in Health Act 2007 (residuary bodies).
24
The Broads Authority established by section 1 of the M10Norfolk and Suffolk Broads Act 1988.
25
A joint committee constituted in accordance with section 102(1)(b) of the M11Local Government Act 1972.
26
A joint board which is continued in being by virtue of section 263(1) of the M12Local Government Act 1972.
27
A joint authority established under section 21 of the M13Local Government Act 1992.
F1128
A Passenger Transport Executive for an integrated transport area for the purposes of Part 2 of the Transport Act 1968.
29
Transport for London.
30
The London Transport Users Committee.
31
A joint board the constituent members of which consist of any of the public authorities described in paragraphs 8, 9, 10, 12, 15, 16, 20 to 31, 57 and 58.
32
A National Park authority established by an order under section 63 of the M14Environment Act 1995.
33
A joint planning board constituted for an area in Wales outside a National Park by an order under section 2(1B) of the M15Town and Country Planning Act 1990.
34
F12. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F37635
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F1635A
F13 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F1735B
An inshore fisheries and conservation authority for a district established under section 149 of the Marine and Coastal Access Act 2009.
F1835C
An urban development corporation established under section 135 of the Local Government, Planning and Land Act 1980.
F37035D
A Mayoral development corporation established under section 198 of the Localism Act 2011.
F41735E
A Local Healthwatch organisation, in respect of information held in connection with—
a
arrangements made under section 221(1) of the Local Government and Public Involvement in Health Act 2007, or
b
arrangements made in pursuance of arrangements made under section 221(1) of that Act.
Northern Ireland
36
A district council within the meaning of the M16Local Government Act (Northern Ireland) 1972.
Part III The National Health Service
England and Wales
F41836A
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
37
F19. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F40837A
The National Health Service Commissioning Board.
37B
A clinical commissioning group established under section 14D of the National Health Service Act 2006.
38
A special health authority established under F20section 28 of the National Health Service Act 2006 or section 22 of the National Health Service (Wales) Act 2006.
F41939
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F3739A
A Local Health Board established under F21section 11 of the National Health Service (Wales) Act 2006.
40
A National Health Service trust established under F22section 25 of the National Health Service Act 2006 or section 18 of the National Health Service (Wales) Act 2006.
F3840A
An NHS foundation trust.
41
A Community Health Council F23established under section 182 of the National Health Service (Wales) Act 2006.
F3941A
F24. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
42
F25. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
43
F26. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F4043A
Any person providing primary medical services F27, primary dental services or primary ophthalmic services—
a
in accordance with arrangements made under F28section 92 or 107 of the National Health Service Act 2006, or section 50 or 64 of the National Health Service (Wales) Act 2006; or
b
under a contract under F29section 84 or 100 of the National Health Service Act 2006 or section 42 or 57 of the National Health Service (Wales) Act 2006;
in respect of information relating to the provision of those services.
44
45
F3345A
Any person providing local pharmaceutical services under—
a
a pilot scheme established under F34section 134 of the National Health Service Act 2006 or section 92 of the National Health Service (Wales) Act 2006; or
b
an LPS scheme established under F35Schedule 12 to the National Health Service Act 2006 or Schedule 7 to the National Health Service (Wales) Act 2006,
in respect of information relating to the provision of those services.
F4145B
F36. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Northern Ireland
46
47
A Health and Social Services Council established under Article 4 of the M19Health and Personal Social Services (Northern Ireland) Order 1991.
48
A Health and Social Services Trust established under Article 10 of the M20Health and Personal Social Services (Northern Ireland) Order 1991.
49
A special agency established under Article 3 of the M21Health and Personal Social Services (Special Agencies) (Northern Ireland) Order 1990.
50
51
F4551A
The Regional Business Services Organisation established under section 14 of the Health and Social Services (Reform) Act (Northern Ireland) 2009.
51B
The Patient and Client Council established under section 16 of the Health and Social Care (Reform) Act (Northern Ireland) 2009.
51C
The Regional Health and Social Care Board established under section 7 of the Health and Social Care (Reform) Act (Northern Ireland) 2009.
51D
The Regional Agency for Public Health and Social Well-being established under section 12 of the Health and Social Care (Reform) Act (Northern Ireland) 2009.
Part IV Maintained schools and other educational institutions
England and Wales
F4652
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.
F4752A
1
The proprietor of an Academy, in respect of information held for the purposes of the proprietor's functions under Academy arrangements.
2
In sub-paragraph (1)—
“Academy arrangements” has the meaning given by section 1 of the Academies Act 2010;
“proprietor” has the meaning given by section 579(1) of the Education Act 1996.
53
1
The governing body of—
a
an institution within the further education sector,
b
a university receiving financial support under section 65 of the M24Further 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 M25Further 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.
Northern Ireland
54
1
The managers of—
a
a controlled school, voluntary school or grant-maintained integrated school within the meaning of Article 2(2) of the M26Education and Libraries (Northern Ireland) Order 1986, or
b
a pupil referral unit as defined by Article 87(1) of the M27Education (Northern Ireland) Order 1998.
2
In sub-paragraph (1) “managers” has the meaning given by Article 2(2) of the M28Education and Libraries (Northern Ireland) Order 1986.
55
1
The governing body of—
a
a university receiving financial support under Article 30 of the M29Education and Libraries (Northern Ireland) Order 1993,
b
c
an institution of further education within the meaning of the M31Further Education (Northern Ireland) Order 1997.
2
In sub-paragraph (1) “governing body” has the meaning given by Article 30(3) of the M32Education and Libraries (Northern Ireland) Order 1993.
56
Any person providing further education to whom grants, loans or other payments are made under Article 5(1)(b) of the M33Further Education (Northern Ireland) Order 1997.
Part V Police
England and Wales
F37257
A police and crime commissioner.
F37358
The Mayor's Office for Policing and Crime.
59
A chief officer of police of a police force in England or Wales.
Northern Ireland
60
The F49Northern Ireland Policing Board.
61
The Chief Constable of the F50Police Service of Northern Ireland.
Miscellaneous
62
The British Transport Police.
63
The Ministry of Defence Police established by section 1 of the M34Ministry of Defence Police Act 1987.
F5163A
The Civil Nuclear Police Authority.
63B
The chief constable of the Civil Nuclear Constabulary.
64
Any person who—
a
by virtue of any enactment has the function of nominating individuals who may be appointed as special constables by justices of the peace, and
b
is not a public authority by virtue of any other provision of this Act,
in respect of information relating to the exercise by any person appointed on his nomination of the functions of a special constable.
Part VI Other public bodies and offices: general
F52The Adjudication Panel for Wales.
F53...
F54The adjudicators appointed under section 25 of the School Standards and Framework Act 1998.
The Administration of Radioactive Substances Advisory Committee.
F437...
F55...
F56...
The Advisory Board on Restricted Patients.
The Advisory Board on the Registration of Homoeopathic Products.
F57...
F58The Advisory Committee on Clinical Excellence Awards.
The Advisory Committee for Disabled People in Employment and Training.
The Advisory Committee for the Public Lending Right.
F56...
F53...
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.
F53...
The Advisory Committee on Dangerous Pathogens.
F59...
F60...
The Advisory Committee on the Government Art Collection
F402...
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.
F56...
The Advisory Committee on Novel Foods and Processes.
F61The 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.
F62The Advisory Committee on Statute Law.
F63The 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.
F64The Advisory Council on Historical Manuscripts.
F65The Advisory Council on National Records and Archives.
F66The Advisory Group on Medical Countermeasures.
F67The Advisory Panel on Beacon Councils.
F68The Advisory Panel on Public Sector Information.
The Advisory Panel on Standards for the Planning Inspectorate.
The Aerospace Committee.
An Agricultural Dwelling House Advisory Committee.
F433...
An Agricultural Wages Committee.
The Agriculture and Environment Biotechnology Commission.
F69The Agriculture and Horticulture Development Board.
The Airborne Particles Expert Group.
F70The Air Quality Expert Group.
F398...
F71The All-Wales Medicines Strategy Group.
F72...
The Animal Procedures Committee.
The Animal Welfare Advisory Committee.
F56...
F410...
F73The Architects Registration Board.
The Armed Forces Pay Review Body.
F74The Arts and Humanities Research Council.
The Arts Council of England.
The Arts Council of Wales.
F75An assessor appointed for the purposes of section 133 of the Criminal Justice Act 1988 in its application to England and Wales.
The Audit Commission for Local Authorities and the National Health Service in England and Wales.
The Auditor General for Wales.
F76...
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.
F77The Big Lottery Fund
The Biotechnology and Biological Sciences Research Council.
F78The Board of the Pension Protection Fund.
F79...
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.
F80...
The British Railways Board.
F415...
The British Tourist Authority.
F81The British Transport Police Authority.
F399...
The British Wool Marketing Board.
The Broadcasting Standards Commission.
F82...
F83The Building Regulations Advisory Committee for England.
F84The Building Regulations Advisory Committee for Wales.
F85...
F400 Canal & River Trust, in respect of information held by it relating to functions exercisable by it by virtue of the British Waterways Board (Transfer of Functions) Order 2012 ( S.I. 2012/1659 ).
F86The Care Council for Wales.
F87The Care Quality Commission.
The Central Advisory Committee on War Pensions.
F88...
F89...
The Central Rail Users’ Consultative Committee.
F90The Certification Officer.
The Channel Four Television Corporation, in respect of information held for purposes other than those of journalism, art or literature.
F91...
F371The chief inspector of constabulary appointed under section 54(1) of the Police Act 1996.
F92The Chief Inspector of the UK Border Agency.
F463...
F392...
The Children and Family Court Advisory and Support Service.
F93The Children's Commissioner.
F94The Children’s Commissioner for Wales.
The Civil Aviation Authority.
The Civil Justice Council.
The Civil Procedure Rule Committee.
The Civil Service Appeal Board.
F95The Civil Service Commission
The Coal Authority.
F457The College of Policing.
F388Comisiynydd y Gymraeg (The Welsh Language Commissioner).
The Commission for Architecture and the Built Environment.
F96The Commission for Equality and Human Rights.
F97...
F98...
F99The Commission on Human Medicines.
F100The Commission for Integrated Transport.
The Commission for Local Administration in England.
F101...
F102...
F103...
F420...
F98...
F85...
F104The Commissioner for Older People in Wales
The Commissioner for Public Appointments.
F105The Commissioner for Victims and Witnesses.
F106The Commissioners of Northern Lighthouses.
F107...
F108...
F452...
The Committee on Carcinogenicity of Chemicals in Food, Consumer Products and the Environment.
F53...
F109The Committee on Climate Change.
F110...
The Committee on Medical Aspects of Radiation in the Environment.
The Committee on Mutagenicity of Chemicals in Food, Consumer Products and the Environment.
F111The Committee on Radioactive Waste Management.
F112The 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.
F113...
The Commonwealth Scholarship Commission in the United Kingdom.
F114Communications for Business.
The Community Development Foundation.
F451...
F115The Competition Service.
F116Compliance Officer for the Independent Parliamentary Standards Authority.
F384The Comptroller and Auditor General.
F117A conservation board established under section 86 of the Countryside and Rights of Way Act 2000.
The Construction Industry Training Board.
Consumer Communications for England.
F118The Consumer Council for Postal Services.
F119The Consumer Council for Water
F56...
F120The Consumer Panel established under section 16 of the Communications Act 2003.
F108...
F121...
F122...
F412...
The Council for Science and Technology.
F123...
F108...
F427...
F391...
The Covent Garden Market Authority.
The Criminal Cases Review Commission.
F124...
F125The Criminal Injuries Compensation Authority.
The Criminal Justice Consultative Council.
F126The Criminal Procedure Rule Committee.
F406...
The Dartmoor Steering Group and Working Party.
The Darwin Advisory Committee.
The Defence Nuclear Safety Committee.
The Defence Scientific Advisory Council.
The Design Council.
F56...
The Diplomatic Service Appeal Board.
F127The Director of Fair Access to Higher Education.
F128The Disability Employment Advisory Committee.
F414...
F103...
The Disabled Persons Transport Advisory Committee.
F409The Disclosure and Barring Service.
F129The Distributed Generation Co-Ordinating Group.
F130The East of England Industrial Development Board.
The Economic and Social Research Council.
F56...
F131The Electoral Commission.
F56...
The Engineering Construction Industry Training Board.
The Engineering and Physical Sciences Research Council.
F132...
F108...
The English Sports Council.
The English Tourist Board.
The Environment Agency.
F133...
F134Equality 2025.
F135The Ethnic Minority Business Forum.
The Expert Advisory Group on AIDS.
F136...
An Expert Panel on Air Quality Standards.
The Export Guarantees Advisory Council.
F137The Family Justice Council.
F138The Family Procedure Rule Committee.
The Family Proceedings Rules Committee.
The Farm Animal Welfare Council.
F139The Film Industry Training Board for England and Wales.
F430The Financial Conduct Authority.
F140The Financial Reporting Advisory Board.
F429...
The Fire Services Examination Board.
The Firearms Consultative Committee.
F141...
F456...
F142...
The Fuel Cell Advisory Panel.
F143The Fuel Poverty Advisory Group.
F56...
F144The Gaelic Media Service, in respect of information held for purposes other than those of journalism, art or literature.
F145Gambling Commission
F146Gangmasters Licensing Authority
F147The Gas and Electricity Consumer Council.
F56...
The Gene Therapy Advisory Committee.
The General Chiropractic Council.
The General Dental Council.
The General Medical Council.
F148The General Optical Council.
The General Osteopathic Council.
F149The General Pharmaceutical Council.
F403...
F380...
F150The General Teaching Council for Wales.
F151...
The Government Hospitality Advisory Committee for the Purchase of Wine.
The Government Chemist.
F152The Government-Industry Forum on Non-Food Use of Crops.
The Great Britain-China Centre.
F434Groceries Code Adjudicator.
F153...
The Health and Safety Executive.
F404The Health and Care Professions Council
F423The Health and Social Care Information Centre.
F421...
The Health Service Commissioner for England.
F101...
F154...
F155Her Majesty’s Chief Inspector of Education and Training in Wales or Prif Arolygydd Ei Mawrhydi dros Addysg a Hyfforddiant yng Nghymru.
F156Her Majesty's Chief Inspector of Prisons.
F157Her Majesty’s Commissioners for Judicial Appointments.
F158Her Majesty's Inspectorate of Probation for England and Wales.
F159The Herbal Medicines Advisory Committee.
The Higher Education Funding Council for England.
The Higher Education Funding Council for Wales.
F57...
F57...
F160...
The Historic Buildings and Monuments Commission for England.
The Historic Royal Palaces Trust.
F80...
F161The Homes and Communities Agency.
F56...
The Horserace Betting Levy Board.
The Horserace Totalisator Board.
F80...
Horticulture Research International.
The House of Lords Appointments Commission.
Any housing action trust established under Part III of the M35Housing Act 1988.
F162...
The Human Fertilisation and Embryology Authority.
The Human Genetics Commission.
F163The Human Tissue Authority.
The Immigration Services Commissioner.
The Imperial War Museum.
F164The Independent Advisory Committee on Development Impact.
F165The 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.
F166The Independent Groundwater Complaints Administrator.
The Independent Living Funds.
F167Any Independent Monitoring Board established under section 6(2) of the Prison Act 1952.
F168The Independent Parliamentary Standards Authority.
F169The Independent Police Complaints Commission.
F396...
F170The Independent Remuneration Panel for Wales.
F171The Independent Review Panel for Advertising.
F172The Independent Review Panel for Borderline Products.
F411...
F173The Independent Scientific Group on Cattle Tuberculosis.
The Independent Television Commission.
F56...
The Industrial Development Advisory Board.
The Industrial Injuries Advisory Council.
The Information Commissioner.
F378...
F401...
The Insolvency Rules Committee.
F174The Insurance Brokers Registration Council.
F175The Integrated Administration and Controls System Appeals Panel.
F176The 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.
F177The Judicial Appointments and Conduct Ombudsman.
F178The Judicial Appointments Commission.
The Judicial Studies Board.
F179...
The Land Registration Rule Committee.
The Law Commission.
F180...
F181The Legal Deposit Advisory Panel
F182The Legal Services Board.
F425...
F183...
F184...
F185...
F186...
F374...
F187The Local Government Boundary Commission for England.
The Local Government Boundary Commission for Wales.
F188...
A local probation board established under section 4 of the Criminal Justice and Court Services Act 2000.
F189The London and South East Industrial Development Board.
The London Pensions Fund Authority.
The Low Pay Commission.
F407...
F190The Marine Management Organisation.
The Marshall Aid Commemoration Commission.
The Measurement Advisory Committee.
F80...
F56...
The Medical Research Council.
F56...
F191...
F192The Migration Advisory Committee.
F80...
F193...
F395Monitor.
The Museum of London.
The National Army Museum.
F194The National Assembly for Wales Remuneration Board.
F416The National Association of Citizens Advice F448Bureaux—
(a) in respect of information relating to the function exercisable by virtue of article 2 of the Public Bodies (The Office of Fair Trading Transfer of Consumer Advice Scheme Function and Modification of Enforcement Functions) Order 2013 S.I. 2013/783 .
F449 (b) in respect of information relating to the functions transferred to it by Article 3(1)(a), (b) or (c) of the Public Bodies (Abolition of the National Consumer Council and Transfer of the Office of Fair Trading’s Functions in relation to Estate Agents etc) Order 2014 (S.I. 2014/631).
F385The National Audit Office.
F195...
F196...
F450...
F197The National Consumer Council.
F198...
F199...
F200The National DNA Database Ethics Group.
The National Employers’ Liaison Committee.
F201The National Employment Panel.
F202The National Employment Savings Trust Corporation.
F386...
F85...
F203The National Forest Company.
The National Gallery.
The National Heritage Memorial Fund.
F204...
F424...
F422The National Institute for Health and Care Excellence.
The National Library of Wales.
F193...
F440...
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.
F205The National Non-Food Crops Centre.
F444...
The National Portrait Gallery.
F206...
F207Natural England.
The Natural Environment Research Council.
The Natural History Museum.
F428The Natural Resources Body for Wales.
The New Deal Task Force.
F208...
F209 The NHS Pay Review Body.
F210The North East Industrial Development Board.
F211The Northern Ireland Judicial Appointments Ombudsman.
F212The North West Industrial Development Board.
F213The Nuclear Decommissioning Authority.
F214The Nuclear Research Advisory Council.
F215The Nursing and Midwifery Council.
F216...
F217The Office for Budget Responsibility.
F218The Office of Communications.
F397...
F219...
F220The Office for Legal Complaints.
F221The Office of Manpower Economics.
F446The Office for Nuclear Regulation.
F222The Office of the Renewable Fuels Agency.
F379...
The Oil and Pipelines Agency.
F460...
F223The Olympic Lottery Distributor
F224The Olympic Park Legacy Company.
F225The Ombudsman for the Board of the Pension Protection Fund.
The OSO Board.
F226...
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.
F227...
F228...
F445The Payment Systems Regulator established under section 40 of the Financial Services (Banking Reform) Act 2013.
F229...
The Pensions Ombudsman.
F230The Pensions Regulator.
F231...
F232The Pesticide Residues Committee.
F233The Pesticides Forum.
F85...
F56...
The Poisons Board.
F234The Police Advisory Board for England and Wales.
F235...
F236...
F458The Police Negotiating Board.F459The Police Remuneration Review Body.
The Political Honours Scrutiny Committee.
F237...
F56...
F56...
F238...
F239The Prison Service Pay Review Body.
F240The Prisons and Probation Ombudsman for England and Wales.
F241A probation trust.
F413The Professional Standards Authority for Health and Social Care
F57...
F430The Prudential Regulation Authority.
F242The Public Private Partnership Agreement Arbiter.
F243The Public Services Ombudsman for Wales
F244...
F382...
The Race Education and Employment Forum.
The Race Relations Forum.
The Radio Authority.
The Radioactive Waste Management Advisory Committee.
F245...
F426...
A Regional Cultural Consortium.
F455Any Regional Flood and Coastal Committee.
F453The Registrar of Consultant Lobbyists
F246The Registrar General for England and Wales.
F216...
F441...
F247The Regulator of Community Interest Companies.
Remploy Ltd.
The Renewable Energy Advisory Committee.
F248...
Resource: The Council for Museums, Archives and Libraries.
The Review Board for Government Contracts.
F249...
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.
F250The 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.
F251The Royal Hospital at Chelsea.
F57...
The Royal Mint Advisory Committee on the Design of Coins, Medals, Seals and Decorations.
F252...
The School Teachers’ Review Body.
F253The Science Advisory Council.
F254The Science and Technology Facilities Council.
F255The Scientific Advisory Committee on Nutrition.
The Scientific Committee on Tobacco and Health.
F256...
F438...
F257...
The Sea Fish Industry Authority.
F258The Security Industry Authority
The Senior Salaries Review Body.
F259The Sentencing Council for England and Wales.
F260...
F260...
F261...
Sianel Pedwar Cymru, in respect of information held for purposes other than those of journalism, art or literature.
F454The Single Source Regulations Office.
Sir John Soane’s Museum.
F57...
F262The Small Business Council.
F263The Small Business Investment Task Force.
F264The Social Care Institute for Excellence.
F436...
F393The Social Mobility and Child Poverty Commission
The Social Security Advisory Committee.
F265...
F266The South West Industrial Development Board.
F267...
The Spongiform Encephalopathy Advisory Committee.
The Sports Council for Wales.
F268The Sports Grounds Safety Authority.
F377...
The Standing Advisory Committee on Industrial Property.
The Standing Advisory Committee on Trunk Road Assessment.
The Standing Dental Advisory Committee.
F85...
F85...
F85...
F269The Statistics Commission.
The Steering Committee on Pharmacy Postgraduate Education.
F270The Strategic Investment Board.
F271...
The subsidence adviser appointed under section 46 of the M36 Coal Industry Act 1994.
The Substance Misuse Advisory Panel.
The Sustainable Development Commission.
F56...
F272The Sustainable Energy Policy Advisory Board.
The Tate Gallery.
F273The TB Advisory Group
F274...
F275The Technical Advisory Board.
F276The Technology Strategy Board.
The Theatres Trust.
F435A traffic commissioner, in respect of information held by the commissioner otherwise than as a tribunal
F381...
The Treasure Valuation Committee.
F277The Tribunal Procedure Committee.
F278The trustee corporation established by section 75 of the Pensions Act 2008.
The UK Advisory Panel for Health Care Workers Infected with Bloodborne Viruses.
F279 The UK Chemicals Stakeholder Forum.
F280 The UK Commission for Employment and Skills
The UK Sports Council.
The United Kingdom Atomic Energy Authority.
F281...
F57...
F282...
F283The University for Industry.
The Unlinked Anonymous Serosurveys Steering Group.
The Unrelated Live Transplant Regulatory Authority.
F102...
F284The Valuation Tribunal Service.
F285The verderers of the New Forest, in respect of information held by them otherwise than as a tribunal.
The Veterinary Products Committee.
F286The Veterinary Residues Committee.
The Victoria and Albert Museum.
F447The Wales Audit Office.
F287The Wales Centre for Health.
F56...
F288...
The Wallace Collection.
The War Pensions Committees.
F289...
F290...
F291...
The Welsh Committee for Professional Development of Pharmacy.
F439...
The Welsh Dental Committee.
F292...
The Welsh Industrial Development Advisory Board.
F387...
The Welsh Medical Committee.
F293...
The Welsh Nursing and Midwifery Committee.
The Welsh Optometric Committee.
The Welsh Pharmaceutical Committee.
The Welsh Scientific Advisory Committee.
The Westminster Foundation for Democracy.
F294The West Midlands Industrial Development Board.
The Wilton Park Academic Council.
F295...
The Women’s National Commission.
F296The Yorkshire and the Humber and the East Midlands Industrial Development Board.
F383...
The Youth Justice Board for England and Wales.
The Zoos Forum.
Part VII Other public bodies and offices: Northern Ireland
F297An advisory committee established under paragraph 25 of the Health and Personal Social Services (Northern Ireland) Order 1972.
F298...
The Advisory Committee on Justices of the Peace in Northern Ireland.
F299...
The Advisory Committee on Pesticides for Northern Ireland.
F300...
The Agricultural Wages Board for Northern Ireland.
F301The Agri-food and Biosciences Institute
The Arts Council of Northern Ireland.
The Assembly Ombudsman for Northern Ireland.
F302The Attorney General for Northern Ireland.
F303The Belfast Harbour Commissioners.
The Board of Trustees of National Museums and Galleries of Northern Ireland.
F304...
The Boundary Commission for Northern Ireland.
F305A central advisory committee established under paragraph 24 of the Health and Personal Social Services (Northern Ireland) Order 1972.
F306The Certification Officer for Northern Ireland.
The Charities Advisory Committee.
F307The Charity Commission for Northern Ireland
The Chief Electoral Officer for Northern Ireland.
F308The Chief Inspector of Criminal Justice in Northern Ireland.
The Civil Service Commissioners for Northern Ireland.
F309Comhairle na Gaelscolaíochta.
F310The Commission for Victims and Survivors for Northern Ireland
F311The Commissioner for Children and Young People for Northern Ireland
F462The Commissioner for Older People for Northern Ireland
The Commissioner for Public Appointments for Northern Ireland.
F312...
The Construction Industry Training Board.
The consultative Civic Forum referred to in section 56(4) of the M37Northern Ireland Act 1998.
The Council for Catholic Maintained Schools.
The Council for Nature Conservation and the Countryside.
The County Court Rules Committee (Northern Ireland).
F313The Criminal Injuries Compensation Appeals Panel for Northern Ireland, in relation to information held by it otherwise than as a tribunal.
F314A development corporation established under Part III of the Strategic Investment and Regeneration of Sites (Northern Ireland) Order 2003
The Disability Living Allowance Advisory Board for Northern Ireland.
The Distinction and Meritorious Service Awards Committee.
F390...
The Drainage Council for Northern Ireland.
F461The Education Authority
F315...
The Equality Commission for Northern Ireland.
The Family Proceedings Rules Committee (Northern Ireland).
F316...
F317...
The General Consumer Council for Northern Ireland.
F318The General Teaching Council for Northern Ireland.
F319The Governors of the Armargh Observatory and Planetarium.
F320The 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.
F321The Independent Financial Review Panel
F322An independent monitoring board appointed under section 10 of the Prison Act (Northern Ireland) 1953.
The Independent Reviewer of the Northern Ireland (Emergency Provisions) Act.
F323...
F323...
F324Invest Northern Ireland
F325...
The Labour Relations Agency.
F326...
F327...
The Lay Observer for Northern Ireland.
F325...
F328...
F329...
The Livestock & Meat Commission for Northern Ireland.
F323...
The Local Government Staff Commission.
F330The Londonderry Port and Harbour Commissioners.
The Magistrates’ Courts Rules Committee (Northern Ireland).
F331...
F332...
The Northern Ireland Audit Office.
F333The 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.
F325...
The Northern Ireland Council for the Curriculum, Examinations and Assessment.
F325...
F334The Northern Ireland Court of Judicature Rules Committee.
The Northern Ireland Crown Court Rules Committee.
F335...
F336The Northern Ireland Events Company.
F337The Northern Ireland Fire and Rescue Service Board
The Northern Ireland Fishery Harbour Authority.
F338The 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.
F339The Northern Ireland Judicial Appointments Commission.
F340The Northern Ireland Law Commission.
F341The Northern Ireland Legal Services Commission.
F342The Northern Ireland Library Authority
The Northern Ireland Local Government Officers’ Superannuation Committee.
The Northern Ireland Museums Council.
F343...
F344The Northern Ireland Practice and Education Council for Nursing and Midwifery.
F345The Northern Ireland Social Care Council.
F346...
The Northern Ireland Tourist Board.
The Northern Ireland Transport Holding Company.
F347...
F335...
The Parades Commission.
F348Parole Commissioners for Northern Ireland
F349The Pharmaceutical Society of Northern Ireland, in respect of information held by it otherwise than as a tribunal.
F350The Poisons Board (Northern Ireland).
The Police Ombudsman for Northern Ireland.
F389A policing and community safety partnership or a district policing and community safety partnership established under Part 3 of the Justice (Northern Ireland) Act 2011.
F351The Prisoner Ombudsman for Northern Ireland.
The Probation Board for Northern Ireland.
F352The Royal Ulster Constabulary George Cross Foundation.
The Rural Development Council for Northern Ireland.
F405The Safeguarding Board for Northern Ireland
The Sentence Review Commissioners appointed under section 1 of the M38Northern Ireland (Sentences) Act 1998.
The social fund Commissioner appointed under Article 37 of the M39Social 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.
F390...
F325The Training and Employment Agency.Ulster Supported Employment Ltd.
F353The Warrenpoint Harbour Authority.
F354The Waste Management Advisory Board.
The Youth Council for Northern Ireland.
SCHEDULE 2 The Commissioner and the Tribunal
Part I Provision consequential on s. 18(1) and (2)
General
I11
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
F355. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F3571A
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.
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
F356. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Public Records Act 1958 (c. 51)
I23
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
F358. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Parliamentary Commissioner Act 1967 (c. 13)
4
In Schedule 2 to the Parliamentary Commissioner Act 1967 (departments etc. subject to investigation), the entry relating to the Data Protection Commissioner is omitted and there is inserted at the appropriate place—
Information Commissioner
5
F359. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Superannuation Act 1972 (c. 11)
6
In Schedule 1 to the Superannuation Act 1972 (employment with superannuation scheme), for “Data Protection Commissioner” there is substituted “
Information Commissioner
”
.
Consumer Credit Act 1974 (c. 39)
7
In section 159 of the Consumer Credit Act 1974 (correction of wrong information), in subsections (7) and (8)(b), for “Data Protection Commissioner”, in both places where it occurs, there is substituted “
Information Commissioner
”
.
House of Commons Disqualification Act 1975 (c. 24)
I38
1
In Part II of Schedule 1 to the House of Commons Disqualification Act 1975 (bodies whose members are disqualified), the entry relating to the Data Protection Tribunal is omitted and there is inserted at the appropriate place—
The Information Tribunal
2
In Part III of that Schedule (disqualifying offices), the entry relating to the Data Protection Commissioner is omitted and there is inserted at the appropriate place—
The Information Commissioner
Northern Ireland Assembly Disqualification Act 1975 (c. 25)
I49
1
In Part II of Schedule 1 to the Northern Ireland Assembly Disqualification Act 1975 (bodies whose members are disqualified), the entry relating to the Data Protection Tribunal is omitted and there is inserted at the appropriate place—
The Information Tribunal
2
In Part III of that Schedule (disqualifying offices), the entry relating to the Data Protection Commissioner is omitted and there is inserted at the appropriate place—
The Information Commissioner
Tribunals and Inquiries Act 1992 (c. 53)
I510
In paragraph 14 of Part I of Schedule 1 to the Tribunals and Inquiries Act 1992 (tribunals under direct supervision of Council on Tribunals)—
a
in sub-paragraph (a), for “The Data Protection Commissioner” there is substituted “
The Information Commissioner
”
, and
b
F360. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Judicial Pensions and Retirement Act 1993 (c. 8)
11
F361. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
12
In Schedule 7 to that Act (retirement dates: transitional provisions), in paragraph 5(5)(xxvi) for “the Data Protection Tribunal” there is substituted “
the Information Tribunal
”
.
Data Protection Act 1998 (c. 29)
I613
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
F362. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
I714
In section 70(1) of that Act (supplementary definitions)—
a
in the definition of “the Commissioner”, for “the Data Protection Commissioner” there is substituted “
the Information Commissioner
”
, and
b
F363. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
I815
1
Schedule 5 to that Act (the Data Protection Commissioner and the Data Protection Tribunal) is amended as follows.
2
In paragraph 1(1), for “Data Protection Commissioner” there is substituted “
Information Commissioner
”
.
3
Part III shall cease to have effect.
Part II Amendments relating to extension of functions of Commissioner and Tribunal
Interests represented by lay members of Tribunal
16
F364. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Expenses incurred under this Act excluded in calculating fees
17
F365. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Information provided to Commissioner or Tribunal
18
In section 58 of that Act (disclosure of information to Commissioner or Tribunal), after “this Act” there is inserted “
or the Freedom of Information Act 2000
”
.
19
1
Section 59 of that Act (confidentiality of information) is amended as follows.
2
In subsections (1) and (2), for “this Act”, wherever occurring, there is substituted “
the information Acts
”
.
3
After subsection (3) there is inserted—
4
In this section “the information Acts” means this Act and the Freedom of Information Act 2000.
Deputy commissioners
20
1
Paragraph 4 of Schedule 5 to that Act (officers and staff) is amended as follows.
2
In sub-paragraph (1)(a), after “a deputy commissioner” there is inserted “
or two deputy commissioners
”
.
3
After sub-paragraph (1) there is inserted—
1A
The Commissioner shall, when appointing any second deputy commissioner, specify which of the Commissioner’s functions are to be performed, in the circumstances referred to in paragraph 5(1), by each of the deputy commissioners.
Exercise of Commissioner’s functions by others
21
1
Paragraph 5 of Schedule 5 to that Act (exercise of functions of Commissioner during vacancy etc.) is amended as follows.
2
In sub-paragraph (1)—
a
after “deputy commissioner” there is inserted “
or deputy commissioners
”
, and
b
after “this Act” there is inserted “
or the Freedom of Information Act 2000
”
.
3
In sub-paragraph (2) after “this Act” there is inserted “
or the Freedom of Information Act 2000
”
.
Money
22
In paragraph 9(1) of Schedule 5 to that Act (money) for “or section 159 of the Consumer Credit Act 1974” there is substituted “
, under section 159 of the Consumer Credit Act 1974 or under the Freedom of Information Act 2000
”
.
C4SCHEDULE 3 Powers of entry and inspection
Issue of warrants
I9C11
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.
I102
1
A judge shall not issue a warrant under this Schedule unless he is satisfied—
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.
I113
A judge who issues a warrant under this Schedule shall also issue two copies of it and certify them clearly as copies.
Execution of warrants
I124
A person executing a warrant issued under this Schedule may use such reasonable force as may be necessary.
I135
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.
I146
1
If the premises in respect of which a warrant is issued under this Schedule are occupied by a public authority and any officer or employee of the authority is present when the warrant is executed, he shall be shown the warrant and supplied with a copy of it; and if no such officer or employee is present a copy of the warrant shall be left in a prominent place on the premises.
2
If the premises in respect of which a warrant is issued under this Schedule are occupied by a person other than a public authority and he is present when the warrant is executed, he shall be shown the warrant and supplied with a copy of it; and if that person is not present a copy of the warrant shall be left in a prominent place on the premises.
I157
1
A person seizing anything in pursuance of a warrant under this Schedule shall give a receipt for it if asked to do so.
C22
Anything so seized may be retained for so long as is necessary in all the circumstances but the person in occupation of the premises in question shall be given a copy of anything that is seized if he so requests and the person executing the warrant considers that it can be done without undue delay.
Matters exempt from inspection and seizure
I168
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).
I179
1
Subject to the provisions of this paragraph, the powers of inspection and seizure conferred by a warrant issued under this Schedule shall not be exercisable in respect of—
a
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.
I1810
If the person in occupation of any premises in respect of which a warrant is issued under this Schedule objects to the inspection or seizure under the warrant of any material on the grounds that it consists partly of matters in respect of which those powers are not exercisable, he shall, if the person executing the warrant so requests, furnish that person with a copy of so much of the material in relation to which the powers are exercisable.
Return of warrants
I1911
A warrant issued under this Schedule shall be returned to the court from which it was issued—
a
after being executed, or
b
if not executed within the time authorised for its execution;
and the person by whom any such warrant is executed shall make an endorsement on it stating what powers have been exercised by him under the warrant.
Offences
I20C312
Any person who—
a
intentionally obstructs a person in the execution of a warrant issued under this Schedule, or
b
fails without reasonable excuse to give any person executing such a warrant such assistance as he may reasonably require for the execution of the warrant,
is guilty of an offence.
Vessels, vehicles etc.
I2113
In this Schedule “premises” includes any vessel, vehicle, aircraft or hovercraft, and references to the occupier of any premises include references to the person in charge of any vessel, vehicle, aircraft or hovercraft.
Scotland and Northern Ireland
I2214
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.
I2315
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.
F366F366SCHEDULE 4
Sch. 4 omitted (18.1.2010) by virtue of The Transfer of Tribunal Functions Order 2010 (S.I. 2010/22), arts. 1(1), 5(1), Sch. 2 para. 72
Constitution of Tribunal in national security cases
1
In paragraph 2(1) of Schedule 6 to the M49Data 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
”
.
I282
For paragraph 3 of that Schedule there is substituted—
3
The Tribunal shall be duly constituted—
a
for an appeal under section 28(4) or (6) in any case where the application of paragraph 6(1) is excluded by rules under paragraph 7, or
b
for an appeal under section 60(1) or (4) of the Freedom of Information Act 2000,
if it consists of three of the persons designated under paragraph 2(1), of whom one shall be designated by the Lord Chancellor to preside.
Constitution of Tribunal in other cases
C53
1
Paragraph 4 of that Schedule (constitution of Tribunal in other cases) is amended as follows.
2
After sub-paragraph (1) there is inserted—
1A
Subject to any rules made under paragraph 7, the Tribunal shall be duly constituted for an appeal under section 57(1) or (2) of the Freedom of Information Act 2000 if it consists of—
a
the chairman or a deputy chairman (who shall preside), and
b
an equal number of the members appointed respectively in accordance with paragraphs (aa) and (bb) of section 6(6).
3
In sub-paragraph (2), after “(1)” there is inserted “
or (1A)
”
.
Rules of procedure
C64
1
Paragraph 7 of that Schedule (rules of procedure) is amended as follows.
2
In sub-paragraph (1), for the words from “regulating” onwards there is substituted
regulating—
a
the exercise of the rights of appeal conferred—
i
by sections 28(4) and (6) and 48, and
ii
by sections 57(1) and (2) and section 60(1) and (4) of the Freedom of Information Act 2000, and
b
the practice and procedure of the Tribunal.
3
In sub-paragraph (2), after paragraph (a) there is inserted—
aa
for the joinder of any other person as a party to any proceedings on an appeal under the Freedom of Information Act 2000,
ab
for the hearing of an appeal under this Act with an appeal under the Freedom of Information Act 2000,
SCHEDULE 5 Amendments of public records legislation
Part I Amendments of Public Records Act 1958
Functions of Advisory Council on Public Records
1
In section 1 of the M40Public Records Act 1958 (general responsibility of the Lord Chancellor for public records), after subsection (2) there is inserted—
2A
The matters on which the Advisory Council on Public Records may advise the Lord Chancellor include matters relating to the application of the Freedom of Information Act 2000 to information contained in public records which are historical records within the meaning of Part VI of that Act.
Access to public records
2
1
Section 5 of that Act (access to public records) is amended in accordance with this paragraph.
2
Subsections (1) and (2) are omitted.
3
For subsection (3) there is substituted—
3
It shall be the duty of the Keeper of Public Records to arrange that reasonable facilities are available to the public for inspecting and obtaining copies of those public records in the Public Record Office which fall to be disclosed in accordance with the Freedom of Information Act 2000.
4
Subsection (4) and, in subsection (5), the words from “and subject to” to the end are omitted.
3
Schedule 2 of that Act (enactments prohibiting disclosure of information obtained from the public) is omitted.
Power to extend meaning of “public records”
4
In Schedule 1 to that Act (definition of public records) after the Table at the end of paragraph 3 there is inserted—
3A
1
Her Majesty may by Order in Council amend the Table at the end of paragraph 3 of this Schedule by adding to either Part of the Table an entry relating to any body or establishment—
a
which, at the time when the Order is made, is specified in Schedule 2 to the Parliamentary Commissioner Act 1967 (departments, etc. subject to investigation), or
b
in respect of which an entry could, at that time, be added to Schedule 2 to that Act by an Order in Council under section 4 of that Act (which confers power to amend that Schedule).
2
An Order in Council under this paragraph may relate to a specified body or establishment or to bodies or establishments falling within a specified description.
3
An Order in Council under this paragraph shall be subject to annulment in pursuance of a resolution of either House of Parliament.
Part II Amendment of Public Records Act (Northern Ireland) 1923
5
After section 5 of the M41Public Records Act (Northern Ireland) 1923 (deposit of documents in Record Office by trustees or other persons) there is inserted—
5A Access to public records
It shall be the duty of the Deputy Keeper of the Records of Northern Ireland to arrange that reasonable facilities are available to the public for inspecting and obtaining copies of those public records in the Public Record Office of Northern Ireland which fall to be disclosed in accordance with the Freedom of Information Act 2000.
SCHEDULE 6 Further amendments of Data Protection Act 1998
Request by data controller for further information
1
In section 7 of the M42Data Protection Act 1998 (right of access to personal data), for subsection (3) there is substituted—
3
Where a data controller—
a
reasonably requires further information in order to satisfy himself as to the identity of the person making a request under this section and to locate the information which that person seeks, and
b
has informed him of that requirement,
the data controller is not obliged to comply with the request unless he is supplied with that further information.
Parliament
I242
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.
I253
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.
I264
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,
I275
In Schedule 3 to that Act (conditions relevant for the purposes of the first data protection principle: processing of sensitive personal data) in paragraph 7 after paragraph (a) there is inserted—
aa
for the exercise of any functions of either House of Parliament,
Honours
6
In Schedule 7 to that Act (miscellaneous exemptions) in paragraph 3(b) (honours) after “honour” there is inserted “
or dignity
”
.
Legal professional privilege
7
In paragraph 10 of that Schedule (legal professional privilege), for the words “or, in Scotland, to confidentiality as between client and professional legal adviser,” there is substituted “
or, in Scotland, to confidentiality of communications
”
.
Extension of transitional exemption
8
In Schedule 14 to that Act (transitional provisions), in paragraph 2(1) (which confers transitional exemption from the prohibition on processing without registration on those registered under the Data Protection Act 1984) the words “or, if earlier, 24th October 2001” are omitted.
SCHEDULE 7 Disclosure of information by ombudsmen
The Parliamentary Commissioner for Administration
1
At the end of section 11 of the M43Parliamentary Commissioner Act 1967 (provision for secrecy of information) there is inserted—
5
Information obtained from the Information Commissioner by virtue of section 76(1) of the Freedom of Information Act 2000 shall be treated for the purposes of subsection (2) of this section as obtained for the purposes of an investigation under this Act and, in relation to such information, the reference in paragraph (a) of that subsection to the investigation shall have effect as a reference to any investigation.
2
After section 11A of that Act there is inserted—
11AA Disclosure of information by Parliamentary Commissioner to Information Commissioner.
1
The Commissioner may disclose to the Information Commissioner any information obtained by, or furnished to, the Commissioner under or for the purposes of this Act if the information appears to the Commissioner to relate to—
a
a matter in respect of which the Information Commissioner could exercise any power conferred by—
i
Part V of the Data Protection Act 1998 (enforcement),
ii
section 48 of the Freedom of Information Act 2000 (practice recommendations), or
iii
Part IV of that Act (enforcement), or
b
the commission of an offence under—
i
any provision of the Data Protection Act 1998 other than paragraph 12 of Schedule 9 (obstruction of execution of warrant), or
ii
section 77 of the Freedom of Information Act 2000 (offence of altering etc. records with intent to prevent disclosure).
2
Nothing in section 11(2) of this Act shall apply in relation to the disclosure of information in accordance with this section.
The Commissions for Local Administration in England and Wales
3
In section 32 of the M44Local Government Act 1974 (law of defamation, and disclosure of information) after subsection (6) there is inserted—
7
Information obtained from the Information Commissioner by virtue of section 76 of the Freedom of Information Act 2000 shall be treated for the purposes of subsection (2) above as obtained for the purposes of an investigation under this Part of this Act and, in relation to such information, the reference in paragraph (a) of that subsection to the investigation shall have effect as a reference to any investigation.
4
After section 33 of that Act there is inserted—
33A Disclosure of information by Local Commissioner to Information Commissioner.
1
A Local Commissioner may disclose to the Information Commissioner any information obtained by, or furnished to, the Local Commissioner under or for the purposes of this Part of this Act if the information appears to the Local Commissioner to relate to—
a
a matter in respect of which the Information Commissioner could exercise any power conferred by—
i
Part V of the Data Protection Act 1998 (enforcement),
ii
section 48 of the Freedom of Information Act 2000 (practice recommendations), or
iii
Part IV of that Act (enforcement), or
b
the commission of an offence under—
i
any provision of the Data Protection Act 1998 other than paragraph 12 of Schedule 9 (obstruction of execution of warrant), or
ii
section 77 of the Freedom of Information Act 2000 (offence of altering etc. records with intent to prevent disclosure).
2
Nothing in section 32(2) of this Act shall apply in relation to the disclosure of information in accordance with this section.
The Health Service Commissioners
5
At the end of section 15 of the M45Health Service Commissioners Act 1993 (confidentiality of information) there is inserted—
4
Information obtained from the Information Commissioner by virtue of section 76 of the Freedom of Information Act 2000 shall be treated for the purposes of subsection (1) as obtained for the purposes of an investigation and, in relation to such information, the reference in paragraph (a) of that subsection to the investigation shall have effect as a reference to any investigation.
6
After section 18 of that Act there is inserted—
18A Disclosure of information to Information Commissioner.
1
The Health Service Commissioner for England or the Health Service Commissioner for Wales may disclose to the Information Commissioner any information obtained by, or furnished to, the Health Service Commissioner under or for the purposes of this Act if the information appears to the Health Service Commissioner to relate to—
a
a matter in respect of which the Information Commissioner could exercise any power conferred by—
i
Part V of the Data Protection Act 1998 (enforcement),
ii
section 48 of the Freedom of Information Act 2000 (practice recommendations), or
iii
Part IV of that Act (enforcement), or
b
the commission of an offence under—
i
any provision of the Data Protection Act 1998 other than paragraph 12 of Schedule 9 (obstruction of execution of warrant), or
ii
section 77 of the Freedom of Information Act 2000 (offence of altering etc. records with intent to prevent disclosure).
3
Nothing in section 15 (confidentiality of information) applies in relation to the disclosure of information in accordance with this section.
The Welsh Administration Ombudsman
7
F367. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
8
F368. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The Northern Ireland Commissioner for Complaints
9
At the end of Article 21 of the M46Commissioner for Complaints (Northern Ireland) Order 1996 (disclosure of information by Commissioner) there is inserted—
5
Information obtained from the Information Commissioner by virtue of section 76 of the Freedom of Information Act 2000 shall be treated for the purposes of paragraph (1) as obtained for the purposes of an investigation under this Order and, in relation to such information, the reference in paragraph (1)(a) to the investigation shall have effect as a reference to any investigation.
10
After that Article there is inserted—
Disclosure of information to Information Commissioner21A
1
The Commissioner may disclose to the Information Commissioner any information obtained by, or furnished to, the Commissioner under or for the purposes of this Order if the information appears to the Commissioner to relate to—
a
a matter in respect of which the Information Commissioner could exercise any power conferred by—
i
Part V of the Data Protection Act 1998 (enforcement),
ii
section 48 of the Freedom of Information Act 2000 (practice recommendations), or
iii
Part IV of that Act (enforcement), or
b
the commission of an offence under—
i
any provision of the Data Protection Act 1998 other than paragraph 12 of Schedule 9 (obstruction of execution of warrant), or
ii
section 77 of the Freedom of Information Act 2000 (offence of altering etc. records with intent to prevent disclosure).
2
Nothing in Article 21(1) applies in relation to the disclosure of information in accordance with this Article.
The Assembly Ombudsman for Northern Ireland
11
At the end of Article 19 of the M47Ombudsman (Northern Ireland) Order 1996 there is inserted—
5
Information obtained from the Information Commissioner by virtue of section 76 of the Freedom of Information Act 2000 shall be treated for the purposes of paragraph (1) as obtained for the purposes of an investigation under this Order and, in relation to such information, the reference in paragraph (1)(a) to the investigation shall have effect as a reference to any investigation.
12
After that Article there is inserted—
Disclosure of information to Information Commissioner19A
1
The Ombudsman may disclose to the Information Commissioner any information obtained by, or furnished to, the Omubudsman under or for the purposes of this Order if the information appears to the Ombudsman to relate to—
a
a matter in respect of which the Information Commissioner could exercise any power conferred by—
i
Part V of the Data Protection Act 1998 (enforcement),
ii
section 48 of the Freedom of Information Act 2000 (practice recommendations), or
iii
Part IV of that Act (enforcement), or
b
the commission of an offence under—
i
any provision of the Data Protection Act 1998 other than paragraph 12 of Schedule 9 (obstruction of execution of warrant), or
ii
section 77 of the Freedom of Information Act 2000 (offence of altering etc. records with intent to prevent disclosure).
2
Nothing in Article 19(1) applies in relation to the disclosure of information in accordance with this Article.
The Commissioner for Local Administration in Scotland
13
F369In section 30 of the M48Local Government (Scotland) Act 1975 (limitation on disclosure of information), after
subsection (5) there is inserted—
5A
Information obtained from the Information Commissioner by virtue of section 76 of the Freedom of Information Act 2000 shall be treated for the purposes of subsection (2) as obtained for the purposes of an investigation under this Part of this Act and, in relation to such information, the reference in subsection (2)(a) to the investigation shall have effect as a reference to any investigation.
SCHEDULE 8 Repeals
Part I Repeal coming into force on passing of Act
Chapter | Short title | Extent of repeal |
---|---|---|
1998 c. 29. | The Data Protection Act 1998. | In Schedule 14, in paragraph 2(1), the words “or, if earlier, 24th October 2001”. |
Part II Repeals coming into force in accordance with section 87(2)
Chapter | Short title | Extent of repeal |
---|---|---|
1958 c. 51. | The Public Records Act 1958. | In Schedule 1, in Part II of the Table in paragraph 3, the entry relating to the Data Protection Commissioner. |
1967 c. 13. | The Parliamentary Commissioner Act 1967. | In Schedule 2, the entry relating to the Data Protection Commissioner. |
1975 c. 24. | The House of Commons Disqualification Act 1975. | In Schedule 1, in Part III, the entry relating to the Data Protection Commissioner. |
1975 c. 25. | The Northern Ireland Assembly Disqualification Act 1975. | In Schedule 1, in Part III, the entry relating to the Data Protection Commissioner. |
1998 c. 29. | The Data Protection Act 1998. | In Schedule 5, Part III. In Schedule 15, paragraphs 1(1), 2, 4, 5(2) and 6(2) |
Part III Repeals coming into force in accordance with section 87(3)
Chapter | Short title | Extent of repeal |
---|---|---|
1958 c. 51. | The Public Records Act 1958. | In section 5, subsections (1), (2) and (4) and, in subsection (5), the words from “and subject to” to the end. Schedule 2. |
1975 c. 24. | The House of Commons Disqualification Act 1975. | In Schedule 1, in Part II, the entry relating to the Data Protection Tribunal. |
1975 c. 25. | The Northern Ireland Assembly Disqualification Act 1975. | In Schedule 1, in Part II, the entry relating to the Data Protection Tribunal. |
1998 c. 29. | The Data Protection Act 1998. | In section 1(1), in the definition of “data”, the word “or” at the end of paragraph (c). In Schedule 15, paragraphs 1(2) and (3), 3, 5(1) and 6(1). |
Sch. 3 applied (with modifications) (31.12.2009) by The INSPIRE Regulations 2009 (S.I. 2009/3157), {reg. 11(1)-(3)(9)}