- Latest available (Revised)
- Point in Time (02/05/2016)
- Original (As enacted)
Point in time view as at 02/05/2016.
Freedom of Information Act 2000, Section 63 is up to date with all changes known to be in force on or before 16 August 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
Changes and effects yet to be applied by the editorial team are only applicable when viewing the latest version or prospective version of legislation. They are therefore not accessible when viewing legislation as at a specific point in time. To view the ‘Changes to Legislation’ information for this provision return to the latest version view using the options provided in the ‘What Version’ box above.
(1)Information contained in a historical record cannot be exempt information by virtue of section F1... 30(1), 32, 33, 35, [F236, 37(1)(a), 42 or 43 ][F2or 42].
(2)Compliance with section 1(1)(a) in relation to a historical record is not to be taken to be capable of having any of the effects referred to in section F3... 33(3), [F4or 42(2)].
[F5(2A)Information contained in a historical record cannot be exempt information by virtue of section 36 except—
(a)in a case falling within subsection (2)(a)(ii) of that section, or
(b)in a case falling within subsection (2)(c) of that section where the prejudice or likely prejudice relates to the effective conduct of public affairs in Northern Ireland.
(2B)Compliance with section 1(1)(a) in relation to a historical record is not to be taken to have any of the effects referred to in subsection (3) of section 36, except where the effect—
(a)falls within subsection (2)(a)(ii) of that section, or
(b)falls within subsection (2)(c) of that section and relates to the effective conduct of public affairs in Northern Ireland.
(2C)Information cannot be exempt information—
(a)by virtue of section 28 or 43, or
(b)by virtue of section 36 in the excepted cases mentioned in subsection (2A),
after the end of the period of thirty years beginning with the year following that in which the record containing the information was created.
(2D)Compliance with section 1(1)(a) in relation to any record is not to be taken, at any time after the end of the period of thirty years beginning with the year following that in which the record was created, to be capable—
(a)of prejudicing any of the matters referred to in section 28(1) or 43(2), or
(b)of having any of the effects referred to in section 36(3) in the excepted cases mentioned in subsection (2B).
(2E)Information cannot be exempt information by virtue of any of paragraphs (a) to (ad) of section 37(1) after whichever is the later of—
(a)the end of the period of five years beginning with the date of the relevant death, and
(b)the end of the period of twenty years beginning with the date on which the record containing the information was created.
(2F) In subsection (2E)(a) “ the relevant death ” means—
(a)for the purposes of any of paragraphs (a) to (ac) of section 37(1), the death of the person referred to in the paragraph concerned, or
(b)for the purposes of section 37(1)(ad), the death of the Sovereign reigning when the record containing the information was created.]
(3)Information cannot be exempt information by virtue of section 37(1)(b) after the end of the period of sixty years beginning with the year following that in which the record containing the information was created.
(4)Information cannot be exempt information by virtue of section 31 after the end of the period of one hundred years beginning with the year following that in which the record containing the information was created.
(5)Compliance with section 1(1)(a) in relation to any record is not to be taken, at any time after the end of the period of one hundred years beginning with the year following that in which the record was created, to be capable of prejudicing any of the matters referred to in section 31(1).
Textual Amendments
F1Word in s. 63(1) omitted (1.1.2013) by virtue of Constitutional Reform and Governance Act 2010 (c. 25), s. 52, Sch. 7 para. 5(2)(a); S.I. 2012/3001, art. 3(1)(b)
F2Words in s. 63(1) substituted (19.1.2011 but only in so far as the words "37(1)(a)," are omitted and otherwise prosp.) by Constitutional Reform and Governance Act 2010 (c. 25), ss. 46(1), 52(2), Sch. 7 para. 5(2)(b); S.I. 2011/46, art. 3(b)(ii) (with art. 4)
F3Word in s. 63(2) omitted (1.1.2013) by virtue of Constitutional Reform and Governance Act 2010 (c. 25), s. 52, Sch. 7 para. 5(3)(a); S.I. 2012/3001, art. 3(1)(b)
F4Words in s. 63(2) substituted (1.1.2013) by Constitutional Reform and Governance Act 2010 (c. 25), s. 52, Sch. 7 para. 5(3)(b); S.I. 2012/3001, art. 3(1)(b)
F5S. 63(2A)-(2F) inserted (19.1.2011 but only to the extent of inserting s. 63(2E)(2F) and otherwise prosp.) by Constitutional Reform and Governance Act 2010 (c. 25), ss. 46(1), 52(2), Sch. 7 para. 5(4); S.I. 2011/46, art. 3(b)(iii) (with art. 4)
Modifications etc. (not altering text)
C1Pt. VI modified (1.1.2013) by The Freedom of Information (Definition of Historical Records) (Transitional and Saving Provisions) Order 2012 (S.I. 2012/3029), arts. 1(1), 2, Sch.
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Point in Time: This becomes available after navigating to view revised legislation as it stood at a certain point in time via Advanced Features > Show Timeline of Changes or via a point in time advanced search.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Text created by the government department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Public Acts except Appropriation, Consolidated Fund, Finance and Consolidation Acts.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: