Part VIII U.K. Miscellaneous and supplemental

84 Interpretation. U.K.

In this Act, unless the context otherwise requires—

• “applicant”, in relation to a request for information, means the person who made the request;

• “appropriate Northern Ireland Minister” means the Northern Ireland Minister in charge of the Department of Culture, Arts and Leisure in Northern Ireland;

• “appropriate records authority”, in relation to a transferred public record, has the meaning given by section 15(5);

• “body” includes an unincorporated association;

• “the Commissioner” means the Information Commissioner;

• “decision notice” has the meaning given by section 50;

• “the duty to confirm or deny” has the meaning given by section 1(6);

• “enactment” includes an enactment contained in Northern Ireland legislation;

• “enforcement notice” has the meaning given by section 52;

• F1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• “exempt information” means information which is exempt information by virtue of any provision of Part II;

• “fees notice” has the meaning given by section 9(1);

• “government department” includes a Northern Ireland department F2 . . . and any other body or authority exercising statutory functions on behalf of the Crown, but does not include—

  (a)

  any of the bodies specified in section 80(2),

  (b)

  the Security Service, the Secret Intelligence Service or the Government Communications Headquarters, or

  (c)

  [F3 the Welsh Assembly Government]

• “information” (subject to sections 51(8) and 75(2)) means information recorded in any form;

• “information notice” has the meaning given by section 51;

• “Minister of the Crown” has the same meaning as in the Ministers of the M1 Crown Act 1975;

• “Northern Ireland Minister” includes the First Minister and deputy First Minister in Northern Ireland;

• “Northern Ireland public authority” means any public authority, other than the Northern Ireland Assembly or a Northern Ireland department, whose functions are exercisable only or mainly in or as regards Northern Ireland and relate only or mainly to transferred matters;

• “prescribed” means prescribed by regulations made by the [F4 Secretary of State];

• “public authority” has the meaning given by section 3(1);

• “public record” means a public record within the meaning of the M2 Public Records Act 1958 or a public record to which the M3 Public Records Act (Northern Ireland) 1923 applies;

• “publication scheme” has the meaning given by section 19;

• “request for information” has the meaning given by section 8;

• “responsible authority”, in relation to a transferred public record, has the meaning given by section 15(5);

• “the special forces” means those units of the armed forces of the Crown the maintenance of whose capabilities is the responsibility of the Director of Special Forces or which are for the time being subject to the operational command of that Director;

• “subordinate legislation” has the meaning given by subsection (1) of section 21 of the M4 Interpretation Act 1978, except that the definition of that term in that subsection shall have effect as if “Act” included Northern Ireland legislation;

• “transferred matter”, in relation to Northern Ireland, has the meaning given by section 4(1) of the M5 Northern Ireland Act 1998;

• “transferred public record” has the meaning given by section 15(4);

• [F5 “the Tribunal”, in relation to any appeal under this Act, means—

  (a)

  the Upper Tribunal, in any case where it is determined by or under Tribunal Procedure Rules that the Upper Tribunal is to hear the appeal; or

  (b)

  the First-tier Tribunal, in any other case;]

• “Welsh public authority” has the meaning given by section 83.

Textual Amendments

F1 S. 84: definition of "executive committee" omitted by virtue of The Government of Wales Act 2006 (Consequential Modifications and Transitional Provisions) Order 2007 (S.I. 2007/1388), art. 3, Sch. 1 para. 86(2) (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))

F2 Words in s. 84 omitted (N.I.) (12.4.2010) by virtue of The Northern Ireland (Abolition and Transfer of Functions) Order (Northern Ireland) 2010 (S.R. 2010/133), art. 4, Sch. para. 7 (with transitional provision in art. 5)

F3 S. 84: in definition of "government department" para. (c) substituted by The Government of Wales Act 2006 (Consequential Modifications and Transitional Provisions) Order 2007 (S.I. 2007/1388), art. 3, Sch. 1 para. 86(3) (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))

F4 Words in s. 84 substituted (19.8.2003) by The Secretary of State for Constitutional Affairs Order 2003 (S.I. 2003/1887), art. 9, Sch. 2 para. 12(1)(c)

F5 S. 84: definition of "the Tribunal" substituted (18.1.2010) by The Transfer of Tribunal Functions Order 2010 (S.I. 2010/22), arts. 1(1), 5(1), Sch. 2 para. 71

Marginal Citations

M1 1975 c. 26.

M2 1958 c. 51.

M3 1923 c. 20 (N.I.).

M4 1978 c. 30.

M5 1998 c. 47.