SCHEDULES

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

SCHEDULE 1U.K. Public authorities

Part IU.K. General

1U.K.Any government department [F1other than

[F2(a)the Competition and Markets Authority,

(b)] the Office for Standards in Education, Children's Services and Skills].

Textual Amendments

[F31ZAU.K.The Competition and Markets Authority, in respect of information held otherwise than as a tribunal.]

Textual Amendments

[F41AU.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

2U.K.The House of Commons [F5, 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.

[F6(e)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.]

Textual Amendments

3U.K.The House of Lords [F7, 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.

[F8(e)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.]

Textual Amendments

4U.K.The Northern Ireland Assembly.

5U.K.The National Assembly for Wales[F9, 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.]

Textual Amendments

[F105AU.K.the Welsh Assembly Government.]

Textual Amendments

F10Sch. 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

[F1114U.K. 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.]

Textual Amendments

F11Sch. 1 para. 14 substituted (E.W.) (1.10.2004 for E. and 10.11.2004 for W.) by Fire and Rescue Services Act 2004 (c. 21), ss. 53(1), 61, Sch. 1 para. 95; S.I. 2004/2304, art. 2(2) (subject to art. 3); S.I. 2004/2917, art. 2

15U.K.A waste disposal authority established by virtue of an order under section 10(1) of the M4Local Government Act 1985.

Marginal Citations

F1215AU.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F12Sch. 1 para. 15A omitted (26.5.2015) by virtue of Deregulation Act 2015 (c. 20), s. 115(7), Sch. 13 para. 6(31); S.I. 2015/994, art. 6(g)

16U.K.A port health authority constituted by an order under section 2 of the M5Public Health (Control of Disease) Act 1984.

Marginal Citations

17U.K.F13. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F13Sch. 1 para. 17 repealed (24.11.2005) by Licensing Act 2003 (c. 17), ss. 199, 201(2), Sch. 7 (with ss. 2(3), 15(2), 195); S.I. 2005/3056, arts. 1(2), 2(2)

18U.K.An internal drainage board which is continued in being by virtue of section 1 of the M6Land Drainage Act 1991.

Marginal Citations

19U.K.A joint authority established under Part IV of the M7Local Government Act 1985 [F14(fire and rescue services and transport)].

Textual Amendments

Marginal Citations

[F1519AU.K.An economic prosperity board established under section 88 of the Local Democracy, Economic Development and Construction Act 2009.

Textual Amendments

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 M8Local Government Act 1985 (reorganisation of functions).

Marginal Citations

22U.K.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.).

Marginal Citations

23U.K.A body corporate established pursuant to an order under [F16section 17 of the Local Government and Public Involvement in Health Act 2007] (residuary bodies).

Textual Amendments

F16Words in Sch. 1 para. 23 substituted (1.11.2007 with application as mentioned in art. 1(1) of the commencing S.I.) by Local Government and Public Involvement in Health Act 2007 (c. 28), ss. 22, 245, Sch. 1 para. 20; S.I. 2007/3136, art. 2 (subject to art. 3)

24U.K.The Broads Authority established by section 1 of the M10Norfolk and Suffolk Broads Act 1988.

Marginal Citations

25U.K.A joint committee constituted in accordance with section 102(1)(b) of the M11Local Government Act 1972.

Marginal Citations

26U.K.A joint board which is continued in being by virtue of section 263(1) of the M12Local Government Act 1972.

Marginal Citations

27U.K.A joint authority established under section 21 of the M13Local Government Act 1992.

Marginal Citations

[F1728U.K.A Passenger Transport Executive for an integrated transport area for the purposes of Part 2 of the Transport Act 1968.]

Textual Amendments

F17Sch. 1 para. 28 substituted (E.W.) (9.2.2009) by Local Transport Act 2008 (c. 26), ss. 77, 134, Sch. 4 para. 64(2); S.I. 2009/107, art. 2(1), Sch. 1 Pt. 1 (subject to transitional provisions in Sch. 1 Pt. II)

[F1828AU.K.A sub-national transport body established under section 102E of the Local Transport Act 2008.]

Textual Amendments

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 M14Environment 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 M15Town and Country Planning Act 1990.

Marginal Citations

[F1933AU.K.A strategic planning panel established under section 60D of the Planning and Compulsory Purchase Act 2004.]

Textual Amendments

F19Sch. 1 para. 33A inserted (E.W.) (6.9.2015 for specified purposes) by Planning (Wales) Act 2015 (anaw 4), s. 58(2)(b)(4)(b), Sch. 1 para. 5

F2034U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F2135U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F2235AU.K. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F22Sch. 1 para. 35A repealed (1.4.2010 for W. and 1.4.2011 otherwise) by Marine and Coastal Access Act 2009 (c. 23), ss. 321, 324, Sch. 22 Pt. 4; S.I. 2010/630, art. 3(b); S.I. 2011/556, art. 2(2)(o)

[F2335BU.K.An inshore fisheries and conservation authority for a district established under section 149 of the Marine and Coastal Access Act 2009.]

Textual Amendments

[F2435CU.K.An urban development corporation established under section 135 of the Local Government, Planning and Land Act 1980.]

Textual Amendments

[F2535DU.K.A Mayoral development corporation established under section 198 of the Localism Act 2011.]

Textual Amendments

F25Sch. 1 para. 35D inserted (15.1.2012) by Localism Act 2011 (c. 20), s. 240(1)(l), Sch. 22 para. 53

[F2635EU.K.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.]

Textual Amendments

Northern IrelandU.K.

36U.K.A district council within the meaning of the M16Local Government Act (Northern Ireland) 1972.

Marginal Citations

Part IIIU.K. The National Health Service

Modifications etc. (not altering text)

C1By Care Act 2014 (c. 23), s. 127(1), Sch. 5 para. 34; S.I. 2014/3186, art. 2(f), it is provided (E.W.) (1.4.2015) that at the appropriate place in Sch. 1 Pt. 3 the words "Health Education England." shall be inserted; and these words are omitted (1.4.2023) by The Health Education England (Transfer of Functions, Abolition and Transitional Provisions) Regulations 2023 (S.I. 2023/368), reg. 1(2), Sch. 1 para. 8 (with reg. 7)

England and WalesU.K.

F2736AU.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

37U.K.F28. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

[F2937AU.K.The National Health Service Commissioning Board.

Textual Amendments

37BU.K.A clinical commissioning group established under section 14D of the National Health Service Act 2006.]

Textual Amendments

38U.K.A special health authority established under [F30section 28 of the National Health Service Act 2006 or section 22 of the National Health Service (Wales) Act 2006].

Textual Amendments

F3139U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

[F3239AU.K.A Local Health Board established under [F33section 11 of the National Health Service (Wales) Act 2006].]

Textual Amendments

40U.K.A National Health Service trust established under [F34section 25 of the National Health Service Act 2006 or section 18 of the National Health Service (Wales) Act 2006].

Textual Amendments

[F3540AU.K. An NHS foundation trust. ]

Textual Amendments

F35Sch. 1 para. 40A inserted (1.4.2004 for E.W.) by Health and Social Care (Community Health and Standards) Act 2003 (c. 43), ss. 34, 199, Sch. 4 para. 114, S.I. 2004/759, {art. 2}

41U.K.A Community Health Council [F36established under section 182 of the National Health Service (Wales) Act 2006].

Textual Amendments

[F3741AU.K.F38 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ]

Textual Amendments

F38Sch. 1 para. 41A repealed (1.4.2008) by Local Government and Public Involvement in Health Act 2007 (c. 28), ss. 241, 245, Sch. 18 Pt. 18; S.I. 2008/461, art. 2(3), Sch.

42U.K.F39. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F39Sch. 1 para. 42 repealed (1.4.2006) by Health and Social Care (Community Health and Standards) Act 2003 (c. 43), ss. 196, 199, Sch. 14 Pt. 4, S.I. 2005/2925, arts. 1(3)(4)(c), {11}

43U.K.F40. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

[F4143AE+WAny person providing primary medical services [F42, primary dental services or primary ophthalmic services]—

(a)in accordance with arrangements made under [F43section 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 [F44section 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.]

Textual Amendments

F41Sch. 1 para. 43A inserted (17.1.2005 for E., 1.4.2006 for W. for certain purposes and 1.3.2007 otherwise) by Health and Social Care (Community Health and Standards) Act 2003 (c. 43), ss. 184, 199, Sch. 11 para. 68; S.I. 2005/38, art. 2(c) (with art. 3); S.I. 2006/345, art. 6; S.I. 2006/1407, arts. 1(1), 2, Sch. 1 Pt. 2 para. 13(b)

F42Words in Sch. 1 para. 43A substituted (1.8.2008) by Health Act 2006 (c. 28), ss. 80(1), 83, Sch. 8 para. 45(2)(a); S.I. 2008/1972, art. 2(b)

44U.K.Any person providing [F45general medical services, general dental services,] general ophthalmic services or pharmaceutical services under [F46the National Health Service Act 2006 or the National Health Service (Wales) Act 2006], in respect of information relating to the provision of those services.

Textual Amendments

F45Words in Sch. 1 para. 44 repealed (17.1.2005 for E., 1.4.2006 for W. for certain purposes and otherwise prosp.) by Health and Social Care (Community Health and Standards) Act 2003 (c. 43), ss. 196, 199, Sch. 14 Pt. 4; S.I. 2005/38, art. 2(d)(i) (with art. 3); S.I. 2005/2925, arts. 1(3), 11; S.I. 2006/345, art. 7

45U.K.

[F47 Any person providing personal medical services or personal dental services under arrangements made under section 28C of the M17 National Health Service Act 1977, in respect of information relating to the provision of those services. ]

Textual Amendments

F47Sch. 1 para. 45 repealed (17.1.2005 for E. for certain purposes, 1.4.2006 for E. otherwise, 1.4.2006 for W. for certain purposes and otherwise prosp.) by Health and Social Care (Community Health and Standards) Act 2003 (c. 43), ss. 196, 199, Sch. 14 Pt. 4; SI 2005/38, {art. 2(d)(ii)}; S.I. 2005/2925, arts. 1(3), 11; SI 2006/345, {art. 7}

Marginal Citations

[F4845AU.K.Any person providing local pharmaceutical services under—

(a)a pilot scheme established under [F49section 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 [F50 Schedule 12 to the National Health Service Act 2006 or Schedule 7 to the National Health Service (Wales) Act 2006 ] ,

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

Textual Amendments

F48Sch. 1 para. 45A inserted (1.7.2002 for W. and 1.1.2003 for E.) by 2001 c. 15, ss. 67, 70, Sch. 5 Pt. 1 para. 14 (with ss. 64(9), 65(4)); S.I. 2002/1475, art. 2(1), Sch. Pt. 1; S.I. 2003/53, art. 2(a)

F50Words in Sch. 1 para. 45A(b) substituted (1.3.2007) by virtue of National Health Service (Consequential Provisions) Act 2006 (c. 43), ss. 2, 5, 8, Sch. 1 para. 211(m) (with Sch. 3 Pt. 1)

[F5145BU.K.F52 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ]

Textual Amendments

F52Sch. 1 para. 45B repealed (30.6.2008) by Local Government and Public Involvement in Health Act 2007 (c. 28), ss. 241, 245, Sch. 18 Pt. 18; S.I. 2008/461, art. 2(4)(b)(c)

Northern IrelandU.K.

46U.K.

[F53A Health and Social Services Board established under Article 16 of the M18Health and Personal Social Services (Northern Ireland) Order 1972.]

Textual Amendments

Marginal Citations

47U.K.A Health and Social Services Council established under Article 4 of the M19Health and Personal Social Services (Northern Ireland) Order 1991.

Marginal Citations

48U.K.A Health and Social Services Trust established under Article 10 of the M20Health and Personal Social Services (Northern Ireland) Order 1991.

Marginal Citations

49U.K.A special agency established under Article 3 of the M21Health and Personal Social Services (Special Agencies) (Northern Ireland) Order 1990.

Marginal Citations

50U.K.

[F54The Northern Ireland Central Services Agency for the Health and Social Services established under Article 26 of the M22Health and Personal Social Services (Northern Ireland) Order 1972.]

Textual Amendments

Marginal Citations

51U.K.Any person providing [F55primary medical services], general dental services, general ophthalmic services or pharmaceutical services under Part VI of the M23Health and Personal Social Services (Northern Ireland) Order 1972, in respect of information relating to the provision of those services.

Textual Amendments

Marginal Citations

[F5651AU.K.The Regional Business Services Organisation established under section 14 of the Health and Social Services (Reform) Act (Northern Ireland) 2009.

Textual Amendments

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

Textual Amendments

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

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.

[F5752U.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

F57Sch. 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.

[F5852A(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)—

Textual Amendments

F58Sch. 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 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.

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 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.

Marginal Citations

55(1)The governing body of—U.K.

(a)a university receiving financial support under Article 30 of the M29Education and Libraries (Northern Ireland) Order 1993,

(b)a college of education F59. . . or in respect of which grants are paid under Article 66(2) or (3) of the M30Education and Libraries (Northern Ireland) Order 1986, or

(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.

Textual Amendments

F59Words in Sch. 1 para. 55(1)(b) repealed (N.I.) (1.10.2005 or such later date as the Department may by order appoint) by The Colleges of Education (Northern Ireland) Order 2005 (S.I. 2005/1963 (N.I. 13)), arts. 1(3), 2(2), 14, Sch. 3 para. 4, Sch. 4

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 M33Further Education (Northern Ireland) Order 1997.

Marginal Citations

Part VU.K. Police

England and WalesU.K.

[F6057U.K. A police and crime commissioner.]

Textual Amendments

[F6158U.K.The Mayor's Office for Policing and Crime.]

Textual Amendments

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

Northern IrelandU.K.

60U.K.The [F62Northern Ireland Policing Board].

Textual Amendments

F62Words 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 [F63Police Service of Northern Ireland].

Textual Amendments

F63Words 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 M34Ministry of Defence Police Act 1987.

Marginal Citations

[F6463AE+W+SThe Civil Nuclear Police Authority.

Textual Amendments

F64Sch. 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

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

Textual Amendments

F64Sch. 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.

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

Modifications etc. (not altering text)

Textual Amendments

F92Words in Sch. 1 Pt. 6 omitted (31.10.2012) by virtue of Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 20 para. 5(1)(c); S.I. 2012/1831, art. 2(3)

F94Sch. 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

F96Sch. 1 Pt. 6: entry repealed (31.3.2009) by Legal Services Act 2007 (c. 29), ss. 210, 211(2), Sch. 23 (with ss. 29, 192, 193); S.I. 2009/503, art. 2(f)(vii)

F98Sch. 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))

F111Sch. 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)

F112Sch. 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)

F118Words in Sch. 1 Pt. 6 repealed (8.5.2012) by Welfare Reform Act 2012 (c. 5), s. 150(2)(j), Sch. 13 para. 17(a)

F124Sch. 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)

F131Sch. 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)

F137Sch. 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

F139Sch. 1 Pt. 6: entry inserted (26.11.2008) by Climate Change Act 2008 (c. 27), ss. 32, 100, Sch. 1 para. 33

F152Sch. 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)

F153Sch. 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.)

F163Sch. 1 Pt. VI: entry inserted (1.7.2004) by Higher Education Act 2004 (c. 8), ss. 49, 52(1), Sch. 6 para. 10

F166Words in Sch. 1 Pt. 6 inserted (15.10.2012) by Protection of Freedoms Act 2012 (c. 9), s. 120, Sch. 9 para. 133 (with s. 97); S.I. 2012/2521, art. 2(e)

F170Sch. 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))

F171Sch. 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)

F180Sch. 1 Pt. 6 entry omitted (1.4.2013) by virtue of Financial Services Act 2012 (c. 21), s. 122(3), Sch. 18 para. 91(a) (with Sch. 20); S.I. 2013/423, art. 3, Sch.

F186Sch. 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.

F191Words in Sch. 1 Pt. 6 omitted (1.8.2012) by virtue of Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 15 para. 50(e); S.I. 2012/1319, art. 2(4)

F192Words in Sch. 1 Pt. 6 omitted (1.4.2012) by virtue of Education Act 2011 (c. 21), s. 82(3), Sch. 2 para. 25; S.I. 2012/924, art. 2

F196Words in Sch. 1 Pt. 6 inserted (25.6.2013) by Groceries Code Adjudicator Act 2013 (c. 19), ss. 21(3), 25; S.I. 2013/1236, art. 2

F200Words in Sch. 1 Pt. 6 omitted (1.4.2013) by virtue of Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 7 para. 10; S.I. 2013/160, art. 2(2) (with arts. 7-9)

F201Words in Sch. 1 Pt. 6 inserted (1.1.2015) by Care Act 2014 (c. 23), s. 127(1), Sch. 7 para. 26; S.I. 2014/2473, art. 5(m)

F203Sch. 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.

F211Sch. 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)

F214Words in Sch. 1 Pt. 6 inserted (31.7.2015) by Modern Slavery Act 2015 (c. 30), ss. 40(9), 61(1); S.I. 2015/1476, reg. 2(c)

F219Words in Sch. 1 Pt. 6 omitted (1.7.2012) by virtue of Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 13 para. 7(b); S.I. 2012/1319, art. 2(3)

F227Sch. 1 Pt. 6: entry omitted (30.4.2001) by virtue of S.I. 2001/1283, art. 3(7)

F236Words in Sch. 1 Pt. 6 omitted (1.4.2013) by virtue of Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), s. 151(1), Sch. 5 para. 55; S.I. 2013/453, art. 3(h) (with savings and transitional provisions in S.I. 2013/534, art. 6)

F237Sch. 1 Pt. 6: entry repealed (6.4.2010) by Legal Services Act 2007 (c. 29), ss. 210, 211(2), Sch. 23 (with ss. 29, 192, 193); S.I. 2010/2089, art. 2(e)(viii)

F238Sch. 1 Pt. 6: entry repealed (6.10.2010) by Legal Services Act 2007 (c. 29), ss. 210, 211(2), Sch. 23 (with ss. 29, 192, 193); S.I. 2010/2089, art. 2(e)(viii)

F239Sch. 1 Pt. 6: entry repealed (31.12.2011) by Legal Services Act 2007 (c. 29), ss. 210, 211(2), Sch. 23 (with ss. 29, 192, 193); S.I. 2010/2089, art. 4(b)(vii)

F249Sch. 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)

F255Sch. 1 Pt. 6: reference to old NAO to be read as a reference to NAO (1.4.2012) by Budget Responsibility and National Audit Act 2011 (c. 4), s. 29, Sch. 5 para. 23(1)(b); S.I. 2011/2576, art. 5

F267Sch. 1 Pt. 6: entry omitted (21.1.2011) by virtue of Identity Documents Act 2010 (c. 40), ss. 12, 14(2), Sch. para. 11

F268Words in Sch. 1 Pt. 6 omitted (1.4.2013) by virtue of Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 20 para. 9(1)(c); S.I. 2013/160, art. 2(2) (with arts. 7-9)

F272Words in Sch. 1 Pt. 6 omitted (7.10.2013) by virtue of Crime and Courts Act 2013 (c. 22), s. 61(2), Sch. 8 para. 104; S.I. 2013/1682, art. 3(v)

F274Sch. 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

F276Sch. 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)

F281Sch. 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.

F283Sch. 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))

F284Sch. 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))

F291Words in Sch. 1 Pt. 6 inserted (10.3.2014) by Energy Act 2013 (c. 32), s. 156(1), Sch. 12 para. 75; S.I. 2014/251, art. 3(f)(iv)

F297Sch. 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))

F301Words in Sch. 1 Pt. 6 inserted (5.3.2015) by Infrastructure Act 2015 (c. 7), ss. 9(8), 57(1); S.I. 2015/481, reg. 2(a)

F303Sch. 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)

F304Sch. 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))

F308Words in Sch. 1 Pt. 6 omitted (26.3.2015 for specified purposes, 20.4.2015 for specified purposes, 26.5.2015 in so far as not already in force) by virtue of Deregulation Act 2015 (c. 20), s. 115(2)(e), Sch. 21 para. 1(2)(b); S.I. 2015/994, arts. 5, 6(p)

F311Sch. 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)

F314Sch. 1 Pt. 6: entry omitted (1.10.2011) by virtue of Postal Services Act 2011 (c. 5), ss. 91(1), 93(3), Sch. 12 para. 157; S.I. 2011/2329, art. 3(1)

F323Words in Sch. 1 Pt. 6 omitted (1.4.2012) by virtue of Education Act 2011 (c. 21), s. 82(3), Sch. 8 para. 10; S.I. 2012/924, art. 2

F327Words in Sch. 1 Pt. 6 repealed (1.7.2012 at 0.02 a.m.) by Public Bodies Act 2011 (c. 24), s. 38(3), Sch. 6 (with Sch. 6 Note 1); S.I. 2012/1662, art. 2(2)(b)

F328Words in Sch. 1 Pt. 6 repealed (31.3.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 25 Pt. 32; S.I. 2012/628, art. 4(d)

F329Words in Sch. 1 Pt. 6 substituted (14.7.2014) by Water Act 2014 (c. 21), s. 94(2)(r), Sch. 10 para. 17

F335Words in Sch. 1 Pt. 6 omitted (31.3.2015) by virtue of Defence Reform Act 2014 (c. 20), s. 50(1), Sch. 4 para. 21(b); S.I. 2015/791, art. 3

F343Sch. 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)

F346Sch. 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)

F355Words in Sch. 1 Pt. 6 inserted (8.5.2012) by Welfare Reform Act 2012 (c. 5), s. 150(2)(j), Sch. 13 para. 17(b)

F360Sch. 1 Pt. 6: entry repealed (1.4.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 4 para. 54, Sch. 25 Pt. 5; S.I. 2012/628, art. 6(h) (with arts. 9, 11, 14, 15, 17)

F363Sch. 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)

F366Sch. 1 Pt. 6: entry repealed (1.9.2005) by Education Act 2005 (c. 18), ss. 123, 125(3)(b), Sch. 19 Pt. 3

F370Words in Sch. 1 Pt. 6 omitted (1.4.2012) by virtue of Education Act 2011 (c. 21), s. 82(3), Sch. 5 para. 16; S.I. 2012/924, art. 2

F372Sch. 1 Pt. 6: entry inserted (5.7.2010) by Pensions Act 2008 (c. 30), ss. 75, 149, Sch. 1 para. 24; S.I. 2010/10, art. 2(a)

F375Sch. 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.)

F378Sch. 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.)

F386Sch. 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)

F390Sch. 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.)

F394Words in Sch. 1 Pt. 6 omitted (1.4.2012) by virtue of Education Act 2011 (c. 21), s. 82(3), Sch. 16 para. 17; S.I. 2012/924, art. 2

Marginal Citations

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

Textual Amendments

F415Words in Sch. 1 Pt. 7 repealed (1.5.2015) by Public Authorities (Reform) Act (Northern Ireland) 2009 (c. 3), s. 7(1), Sch. 3 (with Sch. 1 para. 4(3)); S.R. 2015/230, art. 2(c)

F417Words in Sch. 1 Pt. 7 substituted (12.12.2014) by Education Act (Northern Ireland) 2014 (c. 12), s. 7, Sch. 1 para. 19 (with Sch. 2 para. 4(3))

F435Sch. 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)

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.U.K.

(2)F461. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

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)

[F4621AU.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.U.K.

(2)F463. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

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—U.K.

“Information Commissioner.”

(2)F464. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

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”.

5U.K.F465. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

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.

10U.K.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)F466. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

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.

11U.K.F467. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

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.U.K.

(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)F468. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

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)

14U.K.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)F469. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

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.

16U.K.F470. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

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

17U.K.F471. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

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)

C3Sch. 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—U.K.

(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)

C4Sch. 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

F472F472SCHEDULE 4U.K.

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

Textual Amendments

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 M41Public 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

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.”

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

5U.K.After section 5 of the M42Public 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 M43Data 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

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 M44Parliamentary 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 M45Local 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 M46Health 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.

7U.K.F473. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

8U.K.F474. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

The Northern Ireland Commissioner for ComplaintsU.K.

9U.K.At the end of Article 21 of the M47Commissioner 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 M48Ombudsman (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.

[F475In section 30 of the M49Local 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)

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).