Journal of the 837th Plenary Meeting of the Forum for Security Co-operation
Any person making a request for information to a public authority is entitled—
to be informed in writing by the public authority whether it holds information of the description specified in the request, and
if that is the case, to have that information communicated to him.
Subsection (1) has effect subject to the following provisions of this section and to the provisions of sections 2, 9, 12 and 14.
Where a public authority— the authority is not obliged to comply with subsection (1) unless it is supplied with that further information.
reasonably requires further information in order to identify and locate the information requested, and
has informed the applicant of that requirement,
The information— is the information in question held at the time when the request is received, except that account may be taken of any amendment or deletion made between that time and the time when the information is to be communicated under subsection (1)(b), being an amendment or deletion that would have been made regardless of the receipt of the request.
in respect of which the applicant is to be informed under subsection (1)(a), or
which is to be communicated under subsection (1)(b),
A public authority is to be taken to have complied with subsection (1)(a) in relation to any information if it has communicated the information to the applicant in accordance with subsection (1)(b).
In this Act, the duty of a public authority to comply with subsection (1)(a) is referred to as “the duty to confirm or deny”.
Where any provision of Part II states that the duty to confirm or deny does not arise in relation to any information, the effect of the provision is that where either— section 1(1)(a) does not apply.
the provision confers absolute exemption, or
in all the circumstances of the case, the public interest in maintaining the exclusion of the duty to confirm or deny outweighs the public interest in disclosing whether the public authority holds the information,
In respect of any information which is exempt information by virtue of any provision of Part II, section 1(1)(b) does not apply if or to the extent that—
the information is exempt information by virtue of a provision conferring absolute exemption, or
in all the circumstances of the case, the public interest in maintaining the exemption outweighs the public interest in disclosing the information.
For the purposes of this section, the following provisions of Part II (and no others) are to be regarded as conferring absolute exemption—
section 21,
section 23,
section 32,
section 34,
section 36 so far as relating to information held by the House of Commons or the House of Lords,
in section 37, paragraphs (a) to (ab) of subsection (1), and subsection (2) so far as relating to those paragraphs,
section 40(1),
subsection (1), and
subsection (2) so far as relating to cases where the first condition referred to in that subsection is satisfied by virtue of subsection (3)(a)(i) or (b) of that section,
section 41, and
section 40(2) so far as relating to cases where the first condition referred to in that subsection is satisfied,
section 44.
In this Act “public authority” means—
subject to section 4(4), any body which, any other person who, or the holder of any office which—
is listed in Schedule 1, or
is designated by order under section 5, or
a publicly-owned company as defined by section 6.
For the purposes of this Act, information is held by a public authority if—
it is held by the authority, otherwise than on behalf of another person, or
it is held by another person on behalf of the authority.
The Secretary of State or the Minister for the Cabinet Office may by order amend Schedule 1 by adding to that Schedule a reference to any body or the holder of any office which (in either case) is not for the time being listed in that Schedule but as respects which both the first and the second conditions below are satisfied.
The first condition is that the body or office—
is established by virtue of Her Majesty’s prerogative or by an enactment or by subordinate legislation, or
is established in any other way by a Minister of the Crown in his capacity as Minister, by a government department or by the Welsh Ministers, the First Minister for Wales or the Counsel General to the Welsh Assembly Government.
The second condition is—
in the case of a body, that the body is wholly or partly constituted by appointment made by the Crown, by a Minister of the Crown, by a government department or by the Welsh Ministers, the First Minister for Wales or the Counsel General to the Welsh Assembly Government, or
in the case of an office, that appointments to the office are made by the Crown, by a Minister of the Crown, by a government department or by the Welsh Ministers, the First Minister for Wales or the Counsel General to the Welsh Assembly Government.
If either the first or the second condition above ceases to be satisfied as respects any body or office which is listed in Part VI or VII of Schedule 1, that body or the holder of that office shall cease to be a public authority by virtue of the entry in question.
The Secretary of State or the Minister for the Cabinet Office may by order amend Schedule 1 by removing from Part VI or VII of that Schedule an entry relating to any body or office—
which has ceased to exist, or
as respects which either the first or the second condition above has ceased to be satisfied.
An order under subsection (1) may relate to a specified person or office or to persons or offices falling within a specified description.
Before making an order under subsection (1), the Secretary of State or the Minister for the Cabinet Office shall—
if the order adds to Part II, III, IV or VI of Schedule 1 a reference to— consult the Welsh Ministers, and
a body whose functions are exercisable only or mainly in or as regards Wales, or
the holder of an office whose functions are exercisable only or mainly in or as regards Wales,
if the order relates to a body which, or the holder of any office who, if the order were made, would be a Northern Ireland public authority, consult the First Minister and deputy First Minister in Northern Ireland.
This section has effect subject to section 80.
In this section “Minister of the Crown” includes a Northern Ireland Minister.
The Secretary of State or the Minister for the Cabinet Office may by order designate as a public authority for the purposes of this Act any person who is neither listed in Schedule 1 nor capable of being added to that Schedule by an order under section 4(1), but who—
appears to the Secretary of Stateor the Minister for the Cabinet Office to exercise functions of a public nature, or
is providing under a contract made with a public authority any service whose provision is a function of that authority.
An order under this section may designate a specified person or office or persons or offices falling within a specified description.
Before making an order under this section, the Secretary of State or the Minister for the Cabinet Office shall consult every person to whom the order relates, or persons appearing to him to represent such persons.
This section has effect subject to section 80.
A company is a “publicly-owned company” for the purposes of section 3(1)(b) if—
it is wholly owned by the Crown, ...
it is wholly owned by the wider public sector , or
a government department, or
any authority which is listed only in relation to particular information.
it is wholly owned by the Crown and the wider public sector.
For the purposes of this section—
a company is wholly owned by the Crown if, and only if, every member is a person falling within sub-paragraph (i) or (ii)—
a Minister of the Crown, government department or company wholly owned by the Crown, or
a person acting on behalf of a Minister of the Crown, government department or company wholly owned by the Crown,
a company is wholly owned by the wider public sector if, and only if, every member is a person falling within sub-paragraph (i) or (ii)—
a relevant public authority or a company wholly owned by the wider public sector, or
a person acting on behalf of a relevant public authority or of a company wholly owned by the wider public sector, and
a company is wholly owned by the Crown and the wider public sector if, and only if, condition A, B or C is met.
In subsection (2)(c)—
condition A is met if—
at least one member is a person falling within subsection (2)(a)(i) or (ii),
at least one member is a person falling within subsection (2)(b)(i) or (ii), and
every member is a person falling within subsection (2)(a)(i) or (ii) or (b)(i) or (ii),
condition B is met if—
at least one member is a person falling within subsection (2)(a)(i) or (ii) or (b)(i) or (ii),
at least one member is a company wholly owned by the Crown and the wider public sector, and
every member is a person falling within subsection (2)(a)(i) or (ii) or (b)(i) or (ii) or a company wholly owned by the Crown and the wider public sector, and
condition C is met if every member is a company wholly owned by the Crown and the wider public sector.
In this section—
“transferred public record” has the meaning given by section 15(4);
in the case of a record transferred as mentioned in subsection (4)(a) or (b) from a government department in the charge of a Minister of the Crown, the Minister of the Crown who appears to the Lord Chancellor to be primarily concerned,
Where a public authority is listed in Schedule 1 only in relation to information of a specified description, nothing in Parts I to V of this Act applies to any other information held by the authority.
An order under section 4(1) may, in adding an entry to Schedule 1, list the public authority only in relation to information of a specified description.
The Secretary of State or the Minister for the Cabinet Office may by order amend Schedule 1—
by limiting to information of a specified description the entry relating to any public authority, or
by removing or amending any limitation to information of a specified description which is for the time being contained in any entry.
Before making an order under subsection (3), the Secretary of State or the Minister for the Cabinet Office shall—
if the order relates to the National Assembly for Wales or a Welsh public authority referred to in section 83(1)(b)(ii) (subsidiary of the Assembly Commission), consult the Presiding Officer of the National Assembly for Wales,
if the order relates to the Welsh Assembly Government or a Welsh public authority other than one referred to in section 83(1)(b)(ii), consult the First Minister for Wales,
if the order relates to the Northern Ireland Assembly, consult the Presiding Officer of that Assembly, and
if the order relates to a Northern Ireland department or a Northern Ireland public authority, consult the First Minister and deputy First Minister in Northern Ireland.
An order under section 5(1)(a) must specify the functions of the public authority designated by the order with respect to which the designation is to have effect; and nothing in Parts I to V of this Act applies to information which is held by the authority but does not relate to the exercise of those functions.
An order under section 5(1)(b) must specify the services provided under contract with respect to which the designation is to have effect; and nothing in Parts I to V of this Act applies to information which is held by the public authority designated by the order but does not relate to the provision of those services.
Nothing in Parts I to V of this Act applies in relation to any information held by a publicly-owned company which is excluded information in relation to that company.
In subsection (7) “excluded information”, in relation to a publicly-owned company, means information which is of a description specified in relation to that company in an order made by the Secretary of State or the Minister for the Cabinet Office for the purposes of this subsection.
In this section “publicly-owned company” has the meaning given by section 6.
In this Act any reference to a “request for information” is a reference to such a request which—
is in writing,
states the name of the applicant and an address for correspondence, and
describes the information requested.
For the purposes of subsection (1)(a), a request is to be treated as made in writing where the text of the request—
is transmitted by electronic means,
is received in legible form, and
is capable of being used for subsequent reference.
A public authority to whom a request for information is made may, within the period for complying with section 1(1), give the applicant a notice in writing (in this Act referred to as a “fees notice”) stating that a fee of an amount specified in the notice is to be charged by the authority for complying with section 1(1).
Where a fees notice has been given to the applicant, the public authority is not obliged to comply with section 1(1) unless the fee is paid within the period of three months beginning with the day on which the fees notice is given to the applicant.
Subject to subsection (5), any fee under this section must be determined by the public authority in accordance with regulations made by the Minister for the Cabinet Office.
Regulations under subsection (3) may, in particular, provide—
that no fee is to be payable in prescribed cases,
that any fee is not to exceed such maximum as may be specified in, or determined in accordance with, the regulations, and
that any fee is to be calculated in such manner as may be prescribed by the regulations.
Subsection (3) does not apply where provision is made by or under any enactment as to the fee that may be charged by the public authority for the disclosure of the information.
Subject to subsections (2) and (3), a public authority must comply with section 1(1) promptly and in any event not later than the twentieth working day following the date of receipt.
Where the authority has given a fees notice to the applicant and the fee is paid in accordance with section 9(2), the working days in the period beginning with the day on which the fees notice is given to the applicant and ending with the day on which the fee is received by the authority are to be disregarded in calculating for the purposes of subsection (1) the twentieth working day following the date of receipt.
If, and to the extent that— the public authority need not comply with section 1(1)(a) or (b) until such time as is reasonable in the circumstances; but this subsection does not affect the time by which any notice under section 17(1) must be given.
section 1(1)(a) would not apply if the condition in section 2(1)(b) were satisfied, or
section 1(1)(b) would not apply if the condition in section 2(2)(b) were satisfied,
The Minister for the Cabinet Office may by regulations provide that subsections (1) and (2) are to have effect as if any reference to the twentieth working day following the date of receipt were a reference to such other day, not later than the sixtieth working day following the date of receipt, as may be specified in, or determined in accordance with, the regulations.
Regulations under subsection (4) may—
prescribe different days in relation to different cases, and
confer a discretion on the Commissioner.
In this section—
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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
between Ministers of the Crown,
“Northern Ireland junior Minister” means a member of the Northern Ireland Assembly appointed as a junior Minister under section 19 of the Northern Ireland Act 1998.
in the case of a record transferred as mentioned in subsection (4)(a) or (b) from any other person, the person who appears to the Secretary of State to be primarily concerned,
“Welsh public authority” has the meaning given by section 83.
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“transferred matter”, in relation to Northern Ireland, has the meaning given by section 4(1) of the Northern Ireland Act 1998;
“the UK GDPR” has the same meaning as in Parts 5 to 7 of the Data Protection Act 2018 (see section 3(10) and (14) of that Act).
in the case of a record transferred to the Public Record Office of Northern Ireland from a government department in the charge of a Minister of the Crown, the Minister of the Crown who appears to the appropriate Northern Ireland Minister to be primarily concerned,
“ relevant copyright work ” means— but excludes a relevant Crown work or a relevant Parliamentary work;
Where, on making his request for information, the applicant expresses a preference for communication by any one or more of the following means, namely— the public authority shall so far as reasonably practicable give effect to that preference.
the provision to the applicant of a copy of the information in permanent form or in another form acceptable to the applicant,
the provision to the applicant of a reasonable opportunity to inspect a record containing the information, and
the provision to the applicant of a digest or summary of the information in permanent form or in another form acceptable to the applicant,
Where— the public authority must, so far as reasonably practicable, provide the information to the applicant in an electronic form which is capable of re-use.
an applicant makes a request for information to a public authority in respect of information that is, or forms part of, a dataset held by the public authority, and
on making the request for information, the applicant expresses a preference for communication by means of the provision to the applicant of a copy of the information in electronic form,
In determining for the purposes of this section whether it is reasonably practicable to communicate information by particular means, the public authority may have regard to all the circumstances, including the cost of doing so.
Where the public authority determines that it is not reasonably practicable to comply with any preference expressed by the applicant in making his request, the authority shall notify the applicant of the reasons for its determination.
Subject to subsections (1) and (1A), a public authority may comply with a request by communicating information by any means which are reasonable in the circumstances.
In this Act “dataset” means information comprising a collection of information held in electronic form where all or most of the information in the collection—
has been obtained or recorded for the purpose of providing a public authority with information in connection with the provision of a service by the authority or the carrying out of any other function of the authority,
is factual information which—
is not the product of analysis or interpretation other than calculation, and
is not an official statistic (within the meaning given by section 6(1) of the Statistics and Registration Service Act 2007), and
remains presented in a way that (except for the purpose of forming part of the collection) has not been organised, adapted or otherwise materially altered since it was obtained or recorded.
This section applies where—
a person makes a request for information to a public authority in respect of information that is, or forms part of, a dataset held by the authority,
any of the dataset or part of a dataset so requested is a relevant copyright work,
the public authority is the only owner of the relevant copyright work, and
the public authority is communicating the relevant copyright work to the applicant in accordance with this Act.
But if the whole of the relevant copyright work is a document to which the Re-use of Public Sector Information Regulations 2015 apply, this section does not apply to the relevant copyright work.
If part of the relevant copyright work is a document to which those Regulations apply—
this section does not apply to that part, but
this section does apply to the part to which the Regulations do not apply (and references in the following provisions of this section to the relevant copyright work are to be read as references to that part).
When communicating the relevant copyright work to the applicant, the public authority must make the relevant copyright work available for re-use by the applicant in accordance with the terms of the specified licence.
The public authority may exercise any power that it has by virtue of regulations under section 11B to charge a fee in connection with making the relevant copyright work available for re-use in accordance with subsection (2).
Nothing in this section or section 11B prevents a public authority which is subject to a duty under subsection (2) from exercising any power that it has by or under an enactment other than this Act to charge a fee in connection with making the relevant copyright work available for re-use.
Where a public authority intends to charge a fee (whether in accordance with regulations under section 11B or as mentioned in subsection (4)) in connection with making a relevant copyright work available for re-use by an applicant, the authority must give the applicant a notice in writing (in this section referred to as a “ re-use fee notice ”) stating that a fee of an amount specified in, or determined in accordance with, the notice is to be charged by the authority in connection with complying with subsection (2).
Where a re-use fee notice has been given to the applicant, the public authority is not obliged to comply with subsection (2) while any part of the fee which is required to be paid is unpaid.
Where a public authority intends to charge a fee as mentioned in subsection (4), the re-use fee notice may be combined with any other notice which is to be given under the power which enables the fee to be charged.
In this section—
Section 1(1) does not oblige a public authority to comply with a request for information if the authority estimates that the cost of complying with the request would exceed the appropriate limit.
Subsection (1) does not exempt the public authority from its obligation to comply with paragraph (a) of section 1(1) unless the estimated cost of complying with that paragraph alone would exceed the appropriate limit.
In subsections (1) and (2) “the appropriate limit” means such amount as may be prescribed, and different amounts may be prescribed in relation to different cases.
The Minister for the Cabinet Office may by regulations provide that, in such circumstances as may be prescribed, where two or more requests for information are made to a public authority— the estimated cost of complying with any of the requests is to be taken to be the estimated total cost of complying with all of them.
by one person, or
by different persons who appear to the public authority to be acting in concert or in pursuance of a campaign,
The Minister for the Cabinet Office may by regulations make provision for the purposes of this section as to the costs to be estimated and as to the manner in which they are to be estimated.
The Minister for the Cabinet Office may, with the consent of the Treasury, make provision by regulations about the charging of fees by public authorities in connection with making relevant copyright works available for re-use under section 11A(2) or by virtue of section 19(2A)(c).
Regulations under this section may, in particular—
prescribe cases in which fees may, or may not, be charged,
prescribe the amount of any fee payable or provide for any such amount to be determined in such manner as may be prescribed,
prescribe, or otherwise provide for, times at which fees, or parts of fees, are payable,
require the provision of information about the manner in which amounts of fees are determined,
make different provision for different purposes.
Regulations under this section may, in prescribing the amount of any fee payable or providing for any such amount to be determined in such manner as may be prescribed, provide for a reasonable return on investment.
In this section “ relevant copyright work ” has the meaning given by section 11A(8).
A public authority may charge for the communication of any information whose communication— such fee as may be determined by the public authority in accordance with regulations made by the Minister for the Cabinet Office.
is not required by section 1(1) because the cost of complying with the request for information exceeds the amount which is the appropriate limit for the purposes of section 12(1) and (2), and
is not otherwise required by law,
Regulations under this section may, in particular, provide—
that any fee is not to exceed such maximum as may be specified in, or determined in accordance with, the regulations, and
that any fee is to be calculated in such manner as may be prescribed by the regulations.
Subsection (1) does not apply where provision is made by or under any enactment as to the fee that may be charged by the public authority for the disclosure of the information.
Section 1(1) does not oblige a public authority to comply with a request for information if the request is vexatious.
Where a public authority has previously complied with a request for information which was made by any person, it is not obliged to comply with a subsequent identical or substantially similar request from that person unless a reasonable interval has elapsed between compliance with the previous request and the making of the current request.
Where— that authority shall, within the period for complying with section 1(1), send a copy of the request to the responsible authority.
the appropriate records authority receives a request for information which relates to information which is, or if it existed would be, contained in a transferred public record, and
either of the conditions in subsection (2) is satisfied in relation to any of that information,
The conditions referred to in subsection (1)(b) are—
that the duty to confirm or deny is expressed to be excluded only by a provision of Part II not specified in subsection (3) of section 2, and
that the information is exempt information only by virtue of a provision of Part II not specified in that subsection.
On receiving the copy, the responsible authority shall, within such time as is reasonable in all the circumstances, inform the appropriate records authority of the determination required by virtue of subsection (3) or (4) of section 66.
In this Act “transferred public record” means a public record which has been transferred—
to the Public Record Office,
to another place of deposit appointed by the Secretary of State under the Public Records Act 1958, or
to the Public Record Office of Northern Ireland.
In this Act—
It shall be the duty of a public authority to provide advice and assistance, so far as it would be reasonable to expect the authority to do so, to persons who propose to make, or have made, requests for information to it.
Any public authority which, in relation to the provision of advice or assistance in any case, conforms with the code of practice under section 45 is to be taken to comply with the duty imposed by subsection (1) in relation to that case.
A public authority which, in relation to any request for information, is to any extent relying on a claim that any provision of Part II relating to the duty to confirm or deny is relevant to the request or on a claim that information is exempt information must, within the time for complying with section 1(1), give the applicant a notice which—
states that fact,
specifies the exemption in question, and
states (if that would not otherwise be apparent) why the exemption applies.
Where— the notice under subsection (1) must indicate that no decision as to the application of that provision has yet been reached and must contain an estimate of the date by which the authority expects that such a decision will have been reached.
in relation to any request for information, a public authority is, as respects any information, relying on a claim—
that any provision of Part II which relates to the duty to confirm or deny and is not specified in section 2(3) is relevant to the request, or
that the information is exempt information only by virtue of a provision not specified in section 2(3), and
at the time when the notice under subsection (1) is given to the applicant, the public authority (or, in a case falling within section 66(3) or (4), the responsible authority) has not yet reached a decision as to the application of subsection (1)(b) or (2)(b) of section 2,
A public authority which, in relation to any request for information, is to any extent relying on a claim that subsection (1)(b) or (2)(b) of section 2 applies must, either in the notice under subsection (1) or in a separate notice given within such time as is reasonable in the circumstances, state the reasons for claiming—
that, in all the circumstances of the case, the public interest in maintaining the exclusion of the duty to confirm or deny outweighs the public interest in disclosing whether the authority holds the information, or
that, in all the circumstances of the case, the public interest in maintaining the exemption outweighs the public interest in disclosing the information.
A public authority is not obliged to make a statement under subsection (1)(c) or (3) if, or to the extent that, the statement would involve the disclosure of information which would itself be exempt information.
A public authority which, in relation to any request for information, is relying on a claim that section 12 or 14 applies must, within the time for complying with section 1(1), give the applicant a notice stating that fact.
Subsection (5) does not apply where—
the public authority is relying on a claim that section 14 applies,
the authority has given the applicant a notice, in relation to a previous request for information, stating that it is relying on such a claim, and
it would in all the circumstances be unreasonable to expect the authority to serve a further notice under subsection (5) in relation to the current request.
A notice under subsection (1), (3) or (5) must—
contain particulars of any procedure provided by the public authority for dealing with complaints about the handling of requests for information or state that the authority does not provide such a procedure, and
contain particulars of the right conferred by section 50.
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In this Act—
the Information Commissioner is referred to as “the Commissioner”, . . .
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Schedule 2 (which makes provision consequential on subsections (1) and (2) and amendments of the Data Protection Act 1998 relating to the extension by this Act of the functions of the Commissioner and the Tribunal) has effect.
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It shall be the duty of every public authority—
to adopt and maintain a scheme which relates to the publication of information by the authority and is approved by the Commissioner (in this Act referred to as a “publication scheme”),
to publish information in accordance with its publication scheme, and
from time to time to review its publication scheme.
A publication scheme must—
specify classes of information which the public authority publishes or intends to publish,
specify the manner in which information of each class is, or is intended to be, published, and
specify whether the material is, or is intended to be, available to the public free of charge or on payment.
A publication scheme must, in particular, include a requirement for the public authority concerned—
to publish— unless the authority is satisfied that it is not appropriate for the dataset to be published,
any dataset held by the authority in relation to which a person makes a request for information to the authority, and
any up-dated version held by the authority of such a dataset,
where reasonably practicable, to publish any dataset the authority publishes by virtue of paragraph (a) in an electronic form which is capable of re-use,
where subject to subsections (2AA) and (2AB) any information in a dataset published by virtue of paragraph (a) is a relevant copyright work in relation to which the authority is the only owner, to make the information available for re-use in accordance with the terms of the specified licence.
In adopting or reviewing a publication scheme, a public authority shall have regard to the public interest—
in allowing public access to information held by the authority, and
in the publication of reasons for decisions made by the authority.
If the whole of the relevant copyright work is a document to which the Re-use of Public Sector Information Regulations 2015 apply, subsections (2A)(c) and (2B) to (2F) do not apply to the relevant copyright work.
A public authority shall publish its publication scheme in such manner as it thinks fit.
If part of the relevant copyright work is a document to which those Regulations apply—
subsections (2A)(c) and (2B) to (2F) do not apply to that part, but
those provisions do apply to the part to which the Regulations do not apply (and references in the following provisions of this section to the relevant copyright work are to be read as references to that part).
The Commissioner may, when approving a scheme, provide that his approval is to expire at the end of a specified period.
The public authority may exercise any power that it has by virtue of regulations under section 11B to charge a fee in connection with making the relevant copyright work available for re-use in accordance with a requirement imposed by virtue of subsection (2A)(c).
Where the Commissioner has approved the publication scheme of any public authority, he may at any time give notice to the public authority revoking his approval of the scheme as from the end of the period of six months beginning with the day on which the notice is given.
Nothing in this section or section 11B prevents a public authority which is subject to such a requirement from exercising any power that it has by or under an enactment other than this Act to charge a fee in connection with making the relevant copyright work available for re-use.
Where the Commissioner— he must give the public authority a statement of his reasons for doing so.
refuses to approve a proposed publication scheme, or
revokes his approval of a publication scheme,
Where a public authority intends to charge a fee (whether in accordance with regulations under section 11B or as mentioned in subsection (2C)) in connection with making a relevant copyright work available for re-use by an applicant, the authority must give the applicant a notice in writing (in this section referred to as a “ re-use fee notice ”) stating that a fee of an amount specified in, or determined in accordance with, the notice is to be charged by the authority in connection with complying with the requirement imposed by virtue of subsection (2A)(c).
Where a re-use fee notice has been given to the applicant, the public authority is not obliged to comply with the requirement imposed by virtue of subsection (2A)(c) while any part of the fee which is required to be paid is unpaid.
Where a public authority intends to charge a fee as mentioned in subsection (2C), the re-use fee notice may be combined with any other notice which is to be given under the power which enables the fee to be charged.
In this section—
The Commissioner may from time to time approve, in relation to public authorities falling within particular classes, model publication schemes prepared by him or by other persons.
Where a public authority falling within the class to which an approved model scheme relates adopts such a scheme without modification, no further approval of the Commissioner is required so long as the model scheme remains approved; and where such an authority adopts such a scheme with modifications, the approval of the Commissioner is required only in relation to the modifications.
The Commissioner may, when approving a model publication scheme, provide that his approval is to expire at the end of a specified period.
Where the Commissioner has approved a model publication scheme, he may at any time publish, in such manner as he thinks fit, a notice revoking his approval of the scheme as from the end of the period of six months beginning with the day on which the notice is published.
Where the Commissioner refuses to approve a proposed model publication scheme on the application of any person, he must give the person who applied for approval of the scheme a statement of the reasons for his refusal.
Where the Commissioner refuses to approve any modifications under subsection (2), he must give the public authority a statement of the reasons for his refusal.
Where the Commissioner revokes his approval of a model publication scheme, he must include in the notice under subsection (4) a statement of his reasons for doing so.
Information which is reasonably accessible to the applicant otherwise than under section 1 is exempt information.
For the purposes of subsection (1)—
information may be reasonably accessible to the applicant even though it is accessible only on payment, and
information is to be taken to be reasonably accessible to the applicant if it is information which the public authority or any other person is obliged by or under any enactment to communicate (otherwise than by making the information available for inspection) to members of the public on request, whether free of charge or on payment.
For the purposes of subsection (1), information which is held by a public authority and does not fall within subsection (2)(b) is not to be regarded as reasonably accessible to the applicant merely because the information is available from the public authority itself on request, unless the information is made available in accordance with the authority’s publication scheme and any payment required is specified in, or determined in accordance with, the scheme.
Information is exempt information if—
the information is held by the public authority with a view to its publication, by the authority or any other person, at some future date (whether determined or not),
the information was already held with a view to such publication at the time when the request for information was made, and
it is reasonable in all the circumstances that the information should be withheld from disclosure until the date referred to in paragraph (a).
The duty to confirm or deny does not arise if, or to the extent that, compliance with section 1(1)(a) would involve the disclosure of any information (whether or not already recorded) which falls within subsection (1).
Information obtained in the course of, or derived from, a programme of research is exempt information if—
the programme is continuing with a view to the publication, by a public authority or any other person, of a report of the research (whether or not including a statement of that information), and
disclosure of the information under this Act before the date of publication would, or would be likely to, prejudice—
the programme,
the interests of any individual participating in the programme,
the interests of the authority which holds the information, or
the interests of the authority mentioned in paragraph (a) (if it is a different authority from that which holds the information).
The duty to confirm or deny does not arise in relation to information which is (or if it were held by the public authority would be) exempt information by virtue of subsection (1) if, or to the extent that, compliance with section 1(1)(a) would, or would be likely to, prejudice any of the matters mentioned in subsection (1)(b).
Information held by a public authority is exempt information if it was directly or indirectly supplied to the public authority by, or relates to, any of the bodies specified in subsection (3).
A certificate signed by a Minister of the Crown certifying that the information to which it applies was directly or indirectly supplied by, or relates to, any of the bodies specified in subsection (3) shall, subject to section 60, be conclusive evidence of that fact.
The bodies referred to in subsections (1) and (2) are—
the Security Service,
the Secret Intelligence Service,
the Government Communications Headquarters,
the special forces,
the Tribunal established under section 65 of the Regulation of Investigatory Powers Act 2000,
the Tribunal established under section 7 of the Interception of Communications Act 1985,
the Tribunal established under section 5 of the Security Service Act 1989,
the Tribunal established under section 9 of the Intelligence Services Act 1994,
the Security Vetting Appeals Panel,
the Security Commission,
the National Criminal Intelligence Service, . . .
the Service Authority for the National Criminal Intelligence Service.
the Serious Organised Crime Agency.
the National Crime Agency.
the Intelligence and Security Committee of Parliament.
a Judicial Commissioner within the meaning of the Investigatory Powers Act 2016 (see section 263(1) of that Act).
In subsection (3)(c) “the Government Communications Headquarters” includes any unit or part of a unit of the armed forces of the Crown which is for the time being required by the Secretary of State to assist the Government Communications Headquarters in carrying out its functions.
The duty to confirm or deny does not arise if, or to the extent that, compliance with section 1(1)(a) would involve the disclosure of any information (whether or not already recorded) which was directly or indirectly supplied to the public authority by, or relates to, any of the bodies specified in subsection (3).
Information which does not fall within section 23(1) is exempt information if exemption from section 1(1)(b) is required for the purpose of safeguarding national security.
The duty to confirm or deny does not arise if, or to the extent that, exemption from section 1(1)(a) is required for the purpose of safeguarding national security.
A certificate signed by a Minister of the Crown certifying that exemption from section 1(1)(b), or from section 1(1)(a) and (b), is, or at any time was, required for the purpose of safeguarding national security shall, subject to section 60, be conclusive evidence of that fact.
A certificate under subsection (3) may identify the information to which it applies by means of a general description and may be expressed to have prospective effect.
A document purporting to be a certificate under section 23(2) or 24(3) shall be received in evidence and deemed to be such a certificate unless the contrary is proved.
A document which purports to be certified by or on behalf of a Minister of the Crown as a true copy of a certificate issued by that Minister under section 23(2) or 24(3) shall in any legal proceedings be evidence (or, in Scotland, sufficient evidence) of that certificate.
The power conferred by section 23(2) or 24(3) on a Minister of the Crown shall not be exercisable except by a Minister who is a member of the Cabinet or by the Attorney General, the Advocate General for Scotland or the Attorney General for Northern Ireland.
Information is exempt information if its disclosure under this Act would, or would be likely to, prejudice—
the defence of the British Islands or of any colony, or
the capability, effectiveness or security of any relevant forces.
In subsection (1)(b) “relevant forces” means— or any part of any of those forces.
the armed forces of the Crown, and
any forces co-operating with those forces,
The duty to confirm or deny does not arise if, or to the extent that, compliance with section 1(1)(a) would, or would be likely to, prejudice any of the matters mentioned in subsection (1).
Information is exempt information if its disclosure under this Act would, or would be likely to, prejudice—
relations between the United Kingdom and any other State,
relations between the United Kingdom and any international organisation or international court,
the interests of the United Kingdom abroad, or
the promotion or protection by the United Kingdom of its interests abroad.
Information is also exempt information if it is confidential information obtained from a State other than the United Kingdom or from an international organisation or international court.
For the purposes of this section, any information obtained from a State, organisation or court is confidential at any time while the terms on which it was obtained require it to be held in confidence or while the circumstances in which it was obtained make it reasonable for the State, organisation or court to expect that it will be so held.
The duty to confirm or deny does not arise if, or to the extent that, compliance with section 1(1)(a)—
would, or would be likely to, prejudice any of the matters mentioned in subsection (1), or
would involve the disclosure of any information (whether or not already recorded) which is confidential information obtained from a State other than the United Kingdom or from an international organisation or international court.
In this section—
Article 5(1) of the UK GDPR, and
in the case of a record transferred as mentioned in subsection (4)(a) or (b) from a government department in the charge of a Minister of the Crown, the Minister of the Crown who appears to the Secretary of State to be primarily concerned,
“subordinate legislation” has the meaning given by subsection (1) of section 21 of the Interpretation Act 1978, except that the definition of that term in that subsection shall have effect as if “Act” included Northern Ireland legislation;
Information is exempt information if its disclosure under this Act would, or would be likely to, prejudice relations between any administration in the United Kingdom and any other such administration.
In subsection (1) “administration in the United Kingdom” means—
the government of the United Kingdom,
the Scottish Administration,
the Executive Committee of the Northern Ireland Assembly, or
the Welsh Assembly Government.
The duty to confirm or deny does not arise if, or to the extent that, compliance with section 1(1)(a) would, or would be likely to, prejudice any of the matters mentioned in subsection (1).
Information is exempt information if its disclosure under this Act would, or would be likely to, prejudice—
the economic interests of the United Kingdom or of any part of the United Kingdom, or
the financial interests of any administration in the United Kingdom, as defined by section 28(2).
The duty to confirm or deny does not arise if, or to the extent that, compliance with section 1(1)(a) would, or would be likely to, prejudice any of the matters mentioned in subsection (1).
Information held by a public authority is exempt information if it has at any time been held by the authority for the purposes of—
any investigation which the public authority has a duty to conduct with a view to it being ascertained—
whether a person should be charged with an offence, or
whether a person charged with an offence is guilty of it,
any investigation which is conducted by the authority and in the circumstances may lead to a decision by the authority to institute criminal proceedings which the authority has power to conduct, or
any criminal proceedings which the authority has power to conduct.
Information held by a public authority is exempt information if—
it was obtained or recorded by the authority for the purposes of its functions relating to—
investigations falling within subsection (1)(a) or (b),
criminal proceedings which the authority has power to conduct,
investigations (other than investigations falling within subsection (1)(a) or (b)) which are conducted by the authority for any of the purposes specified in section 31(2) and either by virtue of Her Majesty’s prerogative or by virtue of powers conferred by or under any enactment, or
civil proceedings which are brought by or on behalf of the authority and arise out of such investigations, and
it relates to the obtaining of information from confidential sources.
The duty to confirm or deny does not arise in relation to information which is (or if it were held by the public authority would be) exempt information by virtue of subsection (1) or (2).
In relation to the institution or conduct of criminal proceedings or the power to conduct them, references in subsection (1)(b) or (c) and subsection (2)(a) to the public authority include references—
to any officer of the authority,
in the case of a government department other than a Northern Ireland department, to the Minister of the Crown in charge of the department, and
in the case of a Northern Ireland department, to the Northern Ireland Minister in charge of the department.
In this section—
“government policy” includes the policy of the Executive Committee of the Northern Ireland Assembly and the policy of the Welsh Assembly Government;
“ offence ” includes a service offence (as defined by section 50 of that Act).
In the application of this section to Scotland—
in subsection (1)(b), for the words from “a decision” to the end there is substituted “ a decision by the authority to make a report to the procurator fiscal for the purpose of enabling him to determine whether criminal proceedings should be instituted ”,
in subsections (1)(c) and (2)(a)(ii) for “which the authority has power to conduct” there is substituted “ which have been instituted in consequence of a report made by the authority to the procurator fiscal ”, and
for any reference to a person being charged with an offence there is substituted a reference to the person being prosecuted for the offence.
Information which is not exempt information by virtue of section 30 is exempt information if its disclosure under this Act would, or would be likely to, prejudice—
the prevention or detection of crime,
the apprehension or prosecution of offenders,
the administration of justice,
the assessment or collection of any tax or duty or of any imposition of a similar nature,
the operation of the immigration controls,
the maintenance of security and good order in prisons or in other institutions where persons are lawfully detained,
the exercise by any public authority of its functions for any of the purposes specified in subsection (2),
any civil proceedings which are brought by or on behalf of a public authority and arise out of an investigation conducted, for any of the purposes specified in subsection (2), by or on behalf of the authority by virtue of Her Majesty’s prerogative or by virtue of powers conferred by or under an enactment, or
any inquiry held under the Inquiries into Fatal Accidents and Sudden Deaths etc. (Scotland) Act 2016 to the extent that the inquiry arises out of an investigation conducted, for any of the purposes specified in subsection (2), by or on behalf of the authority by virtue of Her Majesty’s prerogative or by virtue of powers conferred by or under an enactment.
The purposes referred to in subsection (1)(g) to (i) are—
the purpose of ascertaining whether any person has failed to comply with the law,
the purpose of ascertaining whether any person is responsible for any conduct which is improper,
the purpose of ascertaining whether circumstances which would justify regulatory action in pursuance of any enactment exist or may arise,
the purpose of ascertaining a person’s fitness or competence in relation to the management of bodies corporate or in relation to any profession or other activity which he is, or seeks to become, authorised to carry on,
the purpose of ascertaining the cause of an accident,
the purpose of protecting charities against misconduct or mismanagement (whether by trustees or other persons) in their administration,
the purpose of protecting the property of charities from loss or misapplication,
the purpose of recovering the property of charities,
the purpose of securing the health, safety and welfare of persons at work, and
the purpose of protecting persons other than persons at work against risk to health or safety arising out of or in connection with the actions of persons at work.
The duty to confirm or deny does not arise if, or to the extent that, compliance with section 1(1)(a) would, or would be likely to, prejudice any of the matters mentioned in subsection (1).
Information held by a public authority is exempt information if it is held only by virtue of being contained in—
any document filed with, or otherwise placed in the custody of, a court for the purposes of proceedings in a particular cause or matter,
any document served upon, or by, a public authority for the purposes of proceedings in a particular cause or matter, or
any document created by— for the purposes of proceedings in a particular cause or matter.
a court, or
a member of the administrative staff of a court,
Information held by a public authority is exempt information if it is held only by virtue of being contained in—
any document placed in the custody of a person conducting an inquiry or arbitration, for the purposes of the inquiry or arbitration, or
any document created by a person conducting an inquiry or arbitration, for the purposes of the inquiry or arbitration.
The duty to confirm or deny does not arise in relation to information which is (or if it were held by the public authority would be) exempt information by virtue of this section.
In this section—
“court” includes any tribunal or body exercising the judicial power of the State,
“proceedings in a particular cause or matter” includes any investigation under Part 1 of the Coroners and Justice Act 2009, any inquest under the Coroners Act (Northern Ireland) 1959 and any post-mortem examination,
“inquiry” means any inquiry or hearing held under any provision contained in, or made under, an enactment, and
except in relation to Scotland, “arbitration” means any arbitration to which Part I of the Arbitration Act 1996 applies.
This section applies to any public authority which has functions in relation to—
the audit of the accounts of other public authorities, or
the examination of the economy, efficiency and effectiveness with which other public authorities use their resources in discharging their functions.
Information held by a public authority to which this section applies is exempt information if its disclosure would, or would be likely to, prejudice the exercise of any of the authority’s functions in relation to any of the matters referred to in subsection (1).
The duty to confirm or deny does not arise in relation to a public authority to which this section applies if, or to the extent that, compliance with section 1(1)(a) would, or would be likely to, prejudice the exercise of any of the authority’s functions in relation to any of the matters referred to in subsection (1).
Information is exempt information if exemption from section 1(1)(b) is required for the purpose of avoiding an infringement of the privileges of either House of Parliament.
The duty to confirm or deny does not apply if, or to the extent that, exemption from section 1(1)(a) is required for the purpose of avoiding an infringement of the privileges of either House of Parliament.
A certificate signed by the appropriate authority certifying that exemption from section 1(1)(b), or from section 1(1)(a) and (b), is, or at any time was, required for the purpose of avoiding an infringement of the privileges of either House of Parliament shall be conclusive evidence of that fact.
In subsection (3) “the appropriate authority” means—
in relation to the House of Commons, the Speaker of that House, and
in relation to the House of Lords, the Clerk of the Parliaments.
Information held by a government department or by the Welsh Assembly Government is exempt information if it relates to—
the formulation or development of government policy,
Ministerial communications,
the provision of advice by any of the Law Officers or any request for the provision of such advice, or
the operation of any Ministerial private office.
Once a decision as to government policy has been taken, any statistical information used to provide an informed background to the taking of the decision is not to be regarded—
for the purposes of subsection (1)(a), as relating to the formulation or development of government policy, or
for the purposes of subsection (1)(b), as relating to Ministerial communications.
The duty to confirm or deny does not arise in relation to information which is (or if it were held by the public authority would be) exempt information by virtue of subsection (1).
In making any determination required by section 2(1)(b) or (2)(b) in relation to information which is exempt information by virtue of subsection (1)(a), regard shall be had to the particular public interest in the disclosure of factual information which has been used, or is intended to be used, to provide an informed background to decision-taking.
In this section—
This section applies to—
information which is held by a government department or by the Welsh Assembly Government and is not exempt information by virtue of section 35, and
information which is held by any other public authority.
Information to which this section applies is exempt information if, in the reasonable opinion of a qualified person, disclosure of the information under this Act—
would, or would be likely to, prejudice—
the maintenance of the convention of the collective responsibility of Ministers of the Crown, or
the work of the Executive Committee of the Northern Ireland Assembly, or
the work of the Cabinet of the Welsh Assembly Government.
would, or would be likely to, inhibit—
the free and frank provision of advice, or
the free and frank exchange of views for the purposes of deliberation, or
would otherwise prejudice, or would be likely otherwise to prejudice, the effective conduct of public affairs.
The duty to confirm or deny does not arise in relation to information to which this section applies (or would apply if held by the public authority) if, or to the extent that, in the reasonable opinion of a qualified person, compliance with section 1(1)(a) would, or would be likely to, have any of the effects mentioned in subsection (2).
In relation to statistical information, subsections (2) and (3) shall have effect with the omission of the words “in the reasonable opinion of a qualified person”.
In subsections (2) and (3) “qualified person”—
in relation to information held by a government department in the charge of a Minister of the Crown, means any Minister of the Crown,
in relation to information held by a Northern Ireland department, means the Northern Ireland Minister in charge of the department,
in relation to information held by any other government department, means the commissioners or other person in charge of that department,
in relation to information held by the House of Commons, means the Speaker of that House,
in relation to information held by the House of Lords, means the Clerk of the Parliaments,
in relation to information held by the Northern Ireland Assembly, means the Presiding Officer,
in relation to information held by the Welsh Assembly Government, means the Welsh Ministers or the Counsel General to the Welsh Assembly Government,
in relation to information held by the National Assembly for Wales, means the Presiding Officer of the National Assembly for Wales,
in relation to information held by any Welsh public authority other than the Auditor General for Wales, means—
the public authority, or
any officer or employee of the authority authorised by the Assembly First Secretary,
in relation to information held by any Welsh public authority (other than one referred to in section 83(1)(b)(ii) (subsidiary of the Assembly Commission), the Auditor General for Wales , the Wales Audit Office or the Public Services Ombudsman for Wales), means—
the public authority, or
any officer or employee of the authority authorised by the Welsh Ministers or the Counsel General to the Welsh Assembly Government”,
in relation to information held by the National Audit Office or the Comptroller and Auditor General, means the Comptroller and Auditor General,
in relation to information held by a Welsh public authority referred to in section 83(1)(b)(ii), means—
the public authority, or
any officer or employee of the authority authorised by the Presiding Officer of the National Assembly for Wales,
in relation to information held by the Northern Ireland Audit Office, means the Comptroller and Auditor General for Northern Ireland,
in relation to information held by the Auditor General for Wales or the Wales Audit Office, means the Auditor General for Wales,
in relation to information held by any Northern Ireland public authority other than the Northern Ireland Audit Office, means—
the public authority, or
any officer or employee of the authority authorised by the First Minister and deputy First Minister in Northern Ireland acting jointly,
in relation to information held by the Greater London Authority, means the Mayor of London,
in relation to information held by the Public Services Ombudsman for Wales, means the Public Services Ombudsman for Wales,
in relation to information held by a functional body within the meaning of the Greater London Authority Act 1999, means the chairman of that functional body, and
in relation to information held by any public authority not falling within any of paragraphs (a) to (n), means—
a Minister of the Crown,
the public authority, if authorised for the purposes of this section by a Minister of the Crown, or
any officer or employee of the public authority who is authorised for the purposes of this section by a Minister of the Crown.
Any authorisation for the purposes of this section—
may relate to a specified person or to persons falling within a specified class,
may be general or limited to particular classes of case, and
may be granted subject to conditions.
A certificate signed by the qualified person referred to in subsection (5)(d) or (e) above certifying that in his reasonable opinion— would, or would be likely to, have any of the effects mentioned in subsection (2) shall be conclusive evidence of that fact.
disclosure of information held by either House of Parliament, or
compliance with section 1(1)(a) by either House,
Information is exempt information if it relates to—
communications with the Sovereign,
communications with the heir to, or the person who is for the time being second in line of succession to, the Throne,
the conferring by the Crown of any honour or dignity.
communications with a person who has subsequently acceded to the Throne or become heir to, or second in line to, the Throne,
communications with other members of the Royal Family (other than communications which fall within any of paragraphs (a) to (ab) because they are made or received on behalf of a person falling within any of those paragraphs), and
communications with the Royal Household (other than communications which fall within any of paragraphs (a) to (ac) because they are made or received on behalf of a person falling within any of those paragraphs), or
The duty to confirm or deny does not arise in relation to information which is (or if it were held by the public authority would be) exempt information by virtue of subsection (1).
Information is exempt information if its disclosure under this Act would, or would be likely to—
endanger the physical or mental health of any individual, or
endanger the safety of any individual.
The duty to confirm or deny does not arise if, or to the extent that, compliance with section 1(1)(a) would, or would be likely to, have either of the effects mentioned in subsection (1).
Information is exempt information if the public authority holding it—
is obliged by environmental information regulations to make the information available to the public in accordance with the regulations, or
would be so obliged but for any exemption contained in the regulations.
In subsection (1) “ environmental information regulations ” means—
regulations made under section 74, or
regulations made under section 2(2) of the European Communities Act 1972 for the purpose of implementing any EU obligation relating to public access to, and the dissemination of, information on the environment.
The duty to confirm or deny does not arise in relation to information which is (or if it were held by the public authority would be) exempt information by virtue of subsection (1).
Subsection (1)(a) does not limit the generality of section 21(1).
Any information to which a request for information relates is exempt information if it constitutes personal data of which the applicant is the data subject.
Any information to which a request for information relates is also exempt information if—
it constitutes personal data which does not fall within subsection (1), and
the first, second or third condition below is satisfied.
The first condition is that the disclosure of the information to a member of the public otherwise than under this Act—
in a case where the information falls within any of paragraphs (a) to (d) of the definition of “data” in section 1(1) of the Data Protection Act 1998, that the disclosure of the information to a member of the public otherwise than under this Act would contravene—
any of the data protection principles, or
section 10 of that Act (right to prevent processing likely to cause damage or distress), and
would contravene any of the data protection principles, or
in any other case, that the disclosure of the information to a member of the public otherwise than under this Act would contravene any of the data protection principles if the exemptions in section 33A(1) of the Data Protection Act 1998 (which relate to manual data held by public authorities) were disregarded.
would do so if the exemptions in section 24(1) of the Data Protection Act 2018 (manual unstructured data held by public authorities) were disregarded.
The second condition is that the disclosure of the information to a member of the public otherwise than under this Act would contravene Article 21 of the UK GDPR (general processing: right to object to processing).
The third condition is that—
on a request under Article 15(1) of the UK GDPR (general processing: right of access by the data subject) for access to personal data, the information would be withheld in reliance on provision made by or under section 15, 16 or 26 of, or Schedule 2, 3 or 4 to, the Data Protection Act 2018, or
on a request under section 45(1)(b) of that Act (law enforcement processing: right of access by the data subject), the information would be withheld in reliance on section 45(4) or 78A of that Act.
The duty to confirm or deny does not arise in relation to information which is (or if it were held by the public authority would be) exempt information by virtue of subsection (1).
does not arise in relation to information which is (or if it were held by the public authority would be) exempt information by virtue of subsection (1), and
does not arise in relation to other information if or to the extent that either—
the giving to a member of the public of the confirmation or denial that would have to be given to comply with section 1(1)(a) would (apart from this Act) contravene any of the data protection principles or section 10 of the Data Protection Act 1998 or would do so if the exemptions in section 33A(1) of that Act were disregarded, or
by virtue of any provision of Part IV of the Data Protection Act 1998 the information is exempt from section 7(1)(a) of that Act (data subject’s right to be informed whether personal data being processed).
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The duty to confirm or deny does not arise in relation to other information if or to the extent that any of the following applies—
giving a member of the public the confirmation or denial that would have to be given to comply with section 1(1)(a)—
would (apart from this Act) contravene any of the data protection principles, or
would do so if the exemptions in section 24(1) of the Data Protection Act 2018 (manual unstructured data held by public authorities) were disregarded;
giving a member of the public the confirmation or denial that would have to be given to comply with section 1(1)(a) would (apart from this Act) contravene Article 21 of the UK GDPR (general processing: right to object to processing);
on a request under Article 15(1) of the UK GDPR (general processing: right of access by the data subject) for confirmation of whether personal data is being processed, the information would be withheld in reliance on a provision listed in subsection (4A)(a);
on a request under section 45(1)(a) of the Data Protection Act 2018 (law enforcement processing: right of access by the data subject), the information would be withheld in reliance on section 45(4) or 78A of that Act.
In this section—
“personal data” has the same meaning as in section 1(1) of that Act.
In determining for the purposes of this section whether the lawfulness principle in Article 5(1)(a) of the UK GDPR would be contravened by the disclosure of information, Article 6(1) of the UK GDPR (lawfulness) is to be read as if the second sub-paragraph (disapplying the legitimate interests gateways in relation to public authorities) disapplied only the gateway in point (ea) (recognised legitimate interests).
Information is exempt information if—
it was obtained by the public authority from any other person (including another public authority), and
the disclosure of the information to the public (otherwise than under this Act) by the public authority holding it would constitute a breach of confidence actionable by that or any other person.
The duty to confirm or deny does not arise if, or to the extent that, the confirmation or denial that would have to be given to comply with section 1(1)(a) would (apart from this Act) constitute an actionable breach of confidence.
Information in respect of which a claim to legal professional privilege or, in Scotland, to confidentiality of communications could be maintained in legal proceedings is exempt information.
The duty to confirm or deny does not arise if, or to the extent that, compliance with section 1(1)(a) would involve the disclosure of any information (whether or not already recorded) in respect of which such a claim could be maintained in legal proceedings.
Information is exempt information if it constitutes a trade secret.
Information is exempt information if its disclosure under this Act would, or would be likely to, prejudice the commercial interests of any person (including the public authority holding it).
The duty to confirm or deny does not arise if, or to the extent that, compliance with section 1(1)(a) would, or would be likely to, prejudice the interests mentioned in subsection (2).
Information is exempt information if its disclosure (otherwise than under this Act) by the public authority holding it—
is prohibited by or under any enactment,
is incompatible with any assimilated obligation, or
would constitute or be punishable as a contempt of court.
The duty to confirm or deny does not arise if the confirmation or denial that would have to be given to comply with section 1(1)(a) would (apart from this Act) fall within any of paragraphs (a) to (c) of subsection (1).
The Minister for the Cabinet Office shall issue, and may from time to time revise, a code of practice providing guidance to public authorities as to the practice which it would, in his opinion, be desirable for them to follow in connection with the discharge of the authorities’ functions under Part I.
The code of practice must, in particular, include provision relating to—
the provision of advice and assistance by public authorities to persons who propose to make, or have made, requests for information to them,
the transfer of requests by one public authority to another public authority by which the information requested is or may be held,
consultation with persons to whom the information requested relates or persons whose interests are likely to be affected by the disclosure of information,
the inclusion in contracts entered into by public authorities of terms relating to the disclosure of information,
the disclosure by public authorities of datasets held by them, and
the provision by public authorities of procedures for dealing with complaints about the handling by them of requests for information.
Provision of the kind mentioned in subsection (2)(da) may, in particular, include provision relating to—
the giving of permission for datasets to be re-used,
the disclosure of datasets in an electronic form which is capable of re-use,
the making of datasets available for re-use in accordance with the terms of a licence,
other matters relating to the making of datasets available for re-use,
standards applicable to public authorities in connection with the disclosure of datasets.
Any code under this section may make different provision for different public authorities.
Before issuing or revising any code under this section, the Minister for the Cabinet Office shall consult the Commissioner.
The Minister for the Cabinet Office shall lay before each House of Parliament any code or revised code made under this section.
The Secretary of State shall issue, and may from time to time revise, a code of practice providing guidance to relevant authorities as to the practice which it would, in his opinion, be desirable for them to follow in connection with the keeping, management and destruction of their records.
For the purpose of facilitating the performance by the Public Record Office, the Public Record Office of Northern Ireland and other public authorities of their functions under this Act in relation to records which are public records for the purposes of the Public Records Act 1958 or the Public Records Act (Northern Ireland) 1923, the code may also include guidance as to—
the practice to be adopted in relation to the transfer of records under section 3(4) of the Public Records Act 1958 or section 3 of the Public Records Act (Northern Ireland) 1923, and
the practice of reviewing records before they are transferred under those provisions.
In exercising his functions under this section, the Secretary of State shall have regard to the public interest in allowing public access to information held by relevant authorities.
The code may make different provision for different relevant authorities.
Before issuing or revising any code under this section the Secretary of State shall consult—
the Minister for the Cabinet Office,
the Commissioner, and
in relation to Northern Ireland, the appropriate Northern Ireland Minister.
The Secretary of State shall lay before each House of Parliament any code or revised code made under this section.
In this section “relevant authority” means—
any public authority, and
any office or body which is not a public authority but whose administrative and departmental records are public records for the purposes of the Public Records Act 1958 or the Public Records Act (Northern Ireland) 1923.
It shall be the duty of the Commissioner to promote the following of good practice by public authorities and, in particular, so to perform his functions under this Act as to promote the observance by public authorities of—
the requirements of this Act, and
the provisions of the codes of practice under sections 45 and 46.
The Commissioner shall arrange for the dissemination in such form and manner as he considers appropriate of such information as it may appear to him expedient to give to the public— and may give advice to any person as to any of those matters.
about the operation of this Act,
about good practice, and
about other matters within the scope of his functions under this Act,
The Commissioner may, with the consent of any public authority, assess whether that authority is following good practice.
The Commissioner may charge such sums as he may ... determine for any relevant services provided by the Commissioner under this section.
In subsection (4) “ relevant services ” means—
the provision to the same person of more than one copy of any published material where each of the copies of the material is either provided on paper, a portable disk which stores the material electronically or a similar medium,
the provision of training, or
the provision of conferences.
The Commissioner shall from time to time as he considers appropriate—
consult the Keeper of Public Records about the promotion by the Commissioner of the observance by public authorities of the provisions of the code of practice under section 46 in relation to records which are public records for the purposes of the Public Records Act 1958, and
consult the Deputy Keeper of the Records of Northern Ireland about the promotion by the Commissioner of the observance by public authorities of those provisions in relation to records which are public records for the purposes of the Public Records Act (Northern Ireland) 1923.
The Minister for the Cabinet Office may by order amend subsection (4A).
In this section “good practice”, in relation to a public authority, means such practice in the discharge of its functions under this Act as appears to the Commissioner to be desirable, and includes (but is not limited to) compliance with the requirements of this Act and the provisions of the codes of practice under sections 45 and 46.
An order under subsection (4B) may include such transitional or saving provision as the Minister for the Cabinet Office considers appropriate.
The Minister for the Cabinet Office must consult the Commissioner before making an order under subsection (4B).
If it appears to the Commissioner that the practice of a public authority in relation to the exercise of its functions under this Act does not conform with that proposed in the codes of practice under sections 45 and 46, he may give to the authority a recommendation (in this section referred to as a “practice recommendation”) specifying the steps which ought in his opinion to be taken for promoting such conformity.
A practice recommendation must be given in writing and must refer to the particular provisions of the code of practice with which, in the Commissioner’s opinion, the public authority’s practice does not conform.
Before giving to a public authority other than the Public Record Office a practice recommendation which relates to conformity with the code of practice under section 46 in respect of records which are public records for the purposes of the Public Records Act 1958, the Commissioner shall consult the Keeper of Public Records.
Before giving to a public authority other than the Public Record Office of Northern Ireland a practice recommendation which relates to conformity with the code of practice under section 46 in respect of records which are public records for the purposes of the Public Records Act (Northern Ireland) 1923, the Commissioner shall consult the Deputy Keeper of the Records of Northern Ireland.
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The Commissioner shall lay annually before each House of Parliament a general report on the exercise of his functions under this Act.
The Commissioner may from time to time lay before each House of Parliament such other reports with respect to those functions as he thinks fit.
Any person (in this section referred to as “the complainant”) may apply to the Commissioner for a decision whether, in any specified respect, a request for information made by the complainant to a public authority has been dealt with in accordance with the requirements of Part I.
On receiving an application under this section, the Commissioner shall make a decision unless it appears to him—
that the complainant has not exhausted any complaints procedure which is provided by the public authority in conformity with the code of practice under section 45,
that there has been undue delay in making the application,
that the application is frivolous or vexatious, or
that the application has been withdrawn or abandoned.
Where the Commissioner has received an application under this section, he shall either—
notify the complainant that he has not made any decision under this section as a result of the application and of his grounds for not doing so, or
serve notice of his decision (in this Act referred to as a “decision notice”) on the complainant and the public authority.
Where the Commissioner decides that a public authority— the decision notice must specify the steps which must be taken by the authority for complying with that requirement and the period within which they must be taken.
has failed to communicate information, or to provide confirmation or denial, in a case where it is required to do so by section 1(1), or
has failed to comply with any of the requirements of sections 11 and 17,
A decision notice must contain particulars of the right of appeal conferred by section 57.
Where a decision notice requires steps to be taken by the public authority within a specified period, the time specified in the notice must not expire before the end of the period within which an appeal can be brought against the notice and, if such an appeal is brought, no step which is affected by the appeal need be taken pending the determination or withdrawal of the appeal.
This section has effect subject to section 53.
If the Commissioner—
has received an application under section 50, or
reasonably requires any information— he may serve the authority with a notice (in this Act referred to as “an information notice”) requiring it, within such time as is specified in the notice, to furnish the Commissioner, in such form as may be so specified, with such information relating to the application, to compliance with Part I or to conformity with the code of practice as is so specified.
for the purpose of determining whether a public authority has complied or is complying with any of the requirements of Part I, or
for the purpose of determining whether the practice of a public authority in relation to the exercise of its functions under this Act conforms with that proposed in the codes of practice under sections 45 and 46,
An information notice must contain—
in a case falling within subsection (1)(a), a statement that the Commissioner has received an application under section 50, or
in a case falling within subsection (1)(b), a statement—
that the Commissioner regards the specified information as relevant for either of the purposes referred to in subsection (1)(b), and
of his reasons for regarding that information as relevant for that purpose.
An information notice must also contain particulars of the right of appeal conferred by section 57.
The time specified in an information notice must not expire before the end of the period within which an appeal can be brought against the notice and, if such an appeal is brought, the information need not be furnished pending the determination or withdrawal of the appeal.
An authority shall not be required by virtue of this section to furnish the Commissioner with any information in respect of—
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
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.
In subsection (5) references to the client of a professional legal adviser include references to any person representing such a client.
The Commissioner may cancel an information notice by written notice to the authority on which it was served.
In this section “information” includes unrecorded information.
If the Commissioner is satisfied that a public authority has failed to comply with any of the requirements of Part I, the Commissioner may serve the authority with a notice (in this Act referred to as “an enforcement notice”) requiring the authority to take, within such time as may be specified in the notice, such steps as may be so specified for complying with those requirements.
An enforcement notice must contain—
a statement of the requirement or requirements of Part I with which the Commissioner is satisfied that the public authority has failed to comply and his reasons for reaching that conclusion, and
particulars of the right of appeal conferred by section 57.
An enforcement notice must not require any of the provisions of the notice to be complied with before the end of the period within which an appeal can be brought against the notice and, if such an appeal is brought, the notice need not be complied with pending the determination or withdrawal of the appeal.
The Commissioner may cancel an enforcement notice by written notice to the authority on which it was served.
This section has effect subject to section 53.
This section applies to a decision notice or enforcement notice which—
is served on—
a government department,
the Welsh Assembly Government, or
any public authority designated for the purposes of this section by an order made by the Minister for the Cabinet Office, and
relates to a failure, in respect of one or more requests for information—
to comply with section 1(1)(a) in respect of information which falls within any provision of Part II stating that the duty to confirm or deny does not arise, or
to comply with section 1(1)(b) in respect of exempt information.
A decision notice or enforcement notice to which this section applies shall cease to have effect if, not later than the twentieth working day following the effective date, the accountable person in relation to that authority gives the Commissioner a certificate signed by him stating that he has on reasonable grounds formed the opinion that, in respect of the request or requests concerned, there was no failure falling within subsection (1)(b).
Where the accountable person gives a certificate to the Commissioner under subsection (2) he shall as soon as practicable thereafter lay a copy of the certificate before—
each House of Parliament,
the Northern Ireland Assembly, in any case where the certificate relates to a decision notice or enforcement notice which has been served on a Northern Ireland department or any Northern Ireland public authority, or
the National Assembly for Wales, in any case where the certificate relates to a decision notice or enforcement notice which has been served on—
the Welsh Assembly Government,
the National Assembly for Wales, or
any Welsh public authority.
In subsection (2) “the effective date”, in relation to a decision notice or enforcement notice, means—
the day on which the notice was given to the public authority, or
where an appeal under section 57 is brought, the day on which that appeal (or any further appeal arising out of it) is determined or withdrawn.
Before making an order under subsection (1)(a)(iii), the Minister for the Cabinet Office shall—
if the order relates to a Welsh public authority, consult the Welsh Ministers,
if the order relates to the National Assembly for Wales, consult the Presiding Officer of that Assembly,
if the order relates to the Northern Ireland Assembly, consult the Presiding Officer of that Assembly, and
if the order relates to a Northern Ireland public authority, consult the First Minister and deputy First Minister in Northern Ireland.
Where the accountable person gives a certificate to the Commissioner under subsection (2) in relation to a decision notice, the accountable person shall, on doing so or as soon as reasonably practicable after doing so, inform the person who is the complainant for the purposes of section 50 of the reasons for his opinion.
The accountable person is not obliged to provide information under subsection (6) if, or to the extent that, compliance with that subsection would involve the disclosure of exempt information.
In this section “the accountable person”—
in relation to a Northern Ireland department or any Northern Ireland public authority, means the First Minister and deputy First Minister in Northern Ireland acting jointly,
in relation the Welsh Assembly Government, the National Assembly for Wales or any Welsh public authority, means the First Minister for Wales, and
in relation to any other public authority, means—
a Minister of the Crown who is a member of the Cabinet, or
the Attorney General, the Advocate General for Scotland or the Attorney General for Northern Ireland.
In this section “working day” has the same meaning as in section 10.
If a public authority has failed to comply with— the Commissioner may certify in writing to the court that the public authority has failed to comply with that notice.
so much of a decision notice as requires steps to be taken,
an information notice, or
an enforcement notice,
For the purposes of this section, a public authority which, in purported compliance with an information notice— is to be taken to have failed to comply with the notice.
makes a statement which it knows to be false in a material respect, or
recklessly makes a statement which is false in a material respect,
Where a failure to comply is certified under subsection (1), the court may inquire into the matter and, after hearing any witness who may be produced against or on behalf of the public authority, and after hearing any statement that may be offered in defence, deal with the authority as if it had committed a contempt of court.
In this section “the court” means the High Court or, in Scotland, the Court of Session.
Schedule 3 (powers of entry and inspection) has effect.
This Act does not confer any right of action in civil proceedings in respect of any failure to comply with any duty imposed by or under this Act.
Subsection (1) does not affect the powers of the Commissioner under section 54.
Where a decision notice has been served, the complainant or the public authority may appeal to the Tribunal against the notice.
A public authority on which an information notice or an enforcement notice has been served by the Commissioner may appeal to the Tribunal against the notice.
In relation to a decision notice or enforcement notice which relates— subsections (1) and (2) shall have effect as if the reference to the public authority were a reference to the public authority or the responsible authority.
to information to which section 66 applies, and
to a matter which by virtue of subsection (3) or (4) of that section falls to be determined by the responsible authority instead of the appropriate records authority,
If on an appeal under section 57 the Tribunal considers— the Tribunal shall allow the appeal or substitute such other notice as could have been served by the Commissioner; and in any other case the Tribunal shall dismiss the appeal.
that the notice against which the appeal is brought is not in accordance with the law, or
to the extent that the notice involved an exercise of discretion by the Commissioner, that he ought to have exercised his discretion differently,
On such an appeal, the Tribunal may review any finding of fact on which the notice in question was based.
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the High Court of Justice in England if the address of the public authority is in England or Wales,
the Court of Session if that address is in Scotland, and
the High Court of Justice in Northern Ireland if that address is in Northern Ireland.
Where a certificate under section 23(2) or 24(3) has been issued— may appeal to the Tribunal against the certificate.
the Commissioner, or
any applicant whose request for information is affected by the issue of the certificate,
If on an appeal under subsection (1) relating to a certificate under section 23(2), the Tribunal finds that the information referred to in the certificate was not exempt information by virtue of section 23(1), the Tribunal may allow the appeal and quash the certificate.
If on an appeal under subsection (1) relating to a certificate under section 24(3), the Tribunal finds that, applying the principles applied by the court on an application for judicial review, the Minister did not have reasonable grounds for issuing the certificate, the Tribunal may allow the appeal and quash the certificate.
Where in any proceedings under this Act it is claimed by a public authority that a certificate under section 24(3) which identifies the information to which it applies by means of a general description applies to particular information, any other party to the proceedings may appeal to the Tribunal on the ground that the certificate does not apply to the information in question and, subject to any determination under subsection (5), the certificate shall be conclusively presumed so to apply.
On any appeal under subsection (4), the Tribunal may determine that the certificate does not so apply.
Tribunal Procedure Rules may make provision for regulating the exercise of rights of appeal conferred by sections 57(1) and (2) and 60(1) and (4).
In relation to appeals under those provisions, Tribunal Procedure Rules may make provision about—
securing the production of material used for the processing of personal data, and
the inspection, examination, operation and testing of equipment or material used in connection with the processing of personal data.
Subsection (4) applies where—
a person does something, or fails to do something, in relation to proceedings before the First-tier Tribunal on an appeal under those provisions, and
if those proceedings were proceedings before a court having power to commit for contempt, the act or omission would constitute contempt of court.
The First-tier Tribunal may certify the offence to the Upper Tribunal.
Where an offence is certified under subsection (4), the Upper Tribunal may—
inquire into the matter, and
deal with the person charged with the offence in any manner in which it could deal with the person if the offence had been committed in relation to the Upper Tribunal.
Before exercising the power under subsection (5)(b), the Upper Tribunal must—
hear any witness who may be produced against or on behalf of the person charged with the offence, and
hear any statement that may be offered in defence.
In this section, “personal data” and “processing” have the same meaning as in Parts 5 to 7 of the Data Protection Act 2018 (see section 3(2), (4) and (14) of that Act).
For the purposes of this Part, a record becomes a “historical record” at the end of the period of twenty years beginning with the year following that in which it was created.
Where records created at different dates are for administrative purposes kept together in one file or other assembly, all the records in that file or other assembly are to be treated for the purposes of this Part as having been created when the latest of those records was created.
Until the end of the period of 10 years beginning with the commencement of paragraph 4 of Schedule 7 to the Constitutional Reform and Governance Act 2010, subsection (1) has effect subject to any order made under section 46(2) of that Act.
In this Part “year” means a calendar year.
Information contained in a historical record cannot be exempt information by virtue of section ... 30(1), 32, 33, 35, 36, 37(1)(a), 42 or 43 or 42.
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 ... 33(3), or 42(2).
Information contained in a historical record cannot be exempt information by virtue of section 36 except—
in a case falling within subsection (2)(a)(ii) of that section, or
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.
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.
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—
falls within subsection (2)(a)(ii) of that section, or
falls within subsection (2)(c) of that section and relates to the effective conduct of public affairs in Northern Ireland.
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.
Information cannot be exempt information— after the end of the period of thirty years beginning with the year following that in which the record containing the information was created.
by virtue of section 28 or 43, or
by virtue of section 36 in the excepted cases mentioned in subsection (2A),
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).
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—
of prejudicing any of the matters referred to in section 28(1) or 43(2), or
of having any of the effects referred to in section 36(3) in the excepted cases mentioned in subsection (2B).
Information cannot be exempt information by virtue of any of paragraphs (a) to (ad) of section 37(1) after whichever is the later of—
the end of the period of five years beginning with the date of the relevant death, and
the end of the period of twenty years beginning with the date on which the record containing the information was created.
In subsection (2E)(a) “ the relevant death ” means—
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
for the purposes of section 37(1)(ad), the death of the Sovereign reigning when the record containing the information was created.
Information contained in a historical record in the Public Record Office or the Public Record Office of Northern Ireland cannot be exempt information by virtue of section 21 or 22.
In relation to any information falling within section 23(1) which is contained in a historical record in the Public Record Office or the Public Record Office of Northern Ireland, section 2(3) shall have effect with the omission of the reference to section 23.
Before refusing a request for information relating to information which is contained in a historical record and is exempt information only by virtue of a provision not specified in section 2(3), a public authority shall—
if the historical record is a public record within the meaning of the Public Records Act 1958, consult the Secretary of State, or
if the historical record is a public record to which the Public Records Act (Northern Ireland) 1923 applies, consult the appropriate Northern Ireland Minister.
This section does not apply to information to which section 66 applies.
This section applies to any information which is (or, if it existed, would be) contained in a transferred public record, other than information which the responsible authority has designated as open information for the purposes of this section.
Before determining whether— the appropriate records authority shall consult the responsible authority.
information to which this section applies falls within any provision of Part II relating to the duty to confirm or deny, or
information to which this section applies is exempt information,
Where information to which this section applies falls within a provision of Part II relating to the duty to confirm or deny but does not fall within any of the provisions of that Part relating to that duty which are specified in subsection (3) of section 2, any question as to the application of subsection (1)(b) of that section is to be determined by the responsible authority instead of the appropriate records authority.
Where any information to which this section applies is exempt information only by virtue of any provision of Part II not specified in subsection (3) of section 2, any question as to the application of subsection (2)(b) of that section is to be determined by the responsible authority instead of the appropriate records authority.
Before making by virtue of subsection (3) or (4) any determination that subsection (1)(b) or (2)(b) of section 2 applies, the responsible authority shall consult—
where the transferred public record is a public record within the meaning of the Public Records Act 1958, the Secretary of State, and
where the transferred public record is a public record to which the Public Records Act (Northern Ireland) 1923 applies, the appropriate Northern Ireland Minister.
Where the responsible authority in relation to information to which this section applies is not (apart from this subsection) a public authority, it shall be treated as being a public authority for the purposes of Parts III, IV and V of this Act so far as relating to—
the duty imposed by section 15(3), and
the imposition of any requirement to furnish information relating to compliance with Part I in connection with the information to which this section applies.
Schedule 5 (which amends the Public Records Act 1958 and the Public Records Act (Northern Ireland) 1923) has effect.
Section 1 of the Data Protection Act 1998 (basic interpretative provisions) is amended in accordance with subsections (2) and (3).
In subsection (1)—
in the definition of “data”, the word “or” at the end of paragraph (c) is omitted and after paragraph (d) there is insertedor , and
“public authority” has the same meaning as in the Freedom of Information Act 2000;
After subsection (4) there is inserted—
In section 56 of that Act (prohibition of requirement as to production of certain records), after subsection (6) there is inserted—
public authority section 1(1).
In section 7(1) of the Data Protection Act 1998 (right of access to personal data), for “sections 8 and 9” there is substituted “ sections 8, 9 and 9A ”.
After section 9 of that Act there is inserted—
In section 67(5) of that Act (statutory instruments subject to negative resolution procedure), in paragraph (c), for “or 9(3)” there is substituted “ , 9(3) or 9A(5) ”.
After section 33 of the Data Protection Act 1998 there is inserted—
In section 55 of that Act (unlawful obtaining etc. of personal data) in subsection (8) after “section 28” there is inserted “ or 33A ”.
In Part III of Schedule 8 to that Act (exemptions available after 23rd October 2001 but before 24th October 2007) after paragraph 14 there is inserted—
In Schedule 13 to that Act (modifications of Act having effect before 24th October 2007) in subsection (4)(b) of section 12A to that Act as set out in paragraph 1, after “paragraph 14” there is inserted “ or 14A ”.
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In section 34 of the Data Protection Act 1998 (information available to the public by or under enactment), after the word “enactment” there is inserted “ other than an enactment contained in the Freedom of Information Act 2000 ”.
Schedule 6 (which contains further amendments of the Data Protection Act 1998) has effect.
In this section “the Aarhus Convention” means the Convention on Access to Information, Public Participation in Decision-making and Access to Justice in Environmental Matters signed at Aarhus on 25th June 1998.
For the purposes of this section “the information provisions” of the Aarhus Convention are Article 4, together with Articles 3 and 9 so far as relating to that Article.
The Secretary of State may by regulations make such provision as he considers appropriate—
for the purpose of implementing the information provisions of the Aarhus Convention or any amendment of those provisions made in accordance with Article 14 of the Convention, and
for the purpose of dealing with matters arising out of or related to the implementation of those provisions or of any such amendment.
Regulations under subsection (3) may in particular—
enable charges to be made for making information available in accordance with the regulations,
provide that any obligation imposed by the regulations in relation to the disclosure of information is to have effect notwithstanding any enactment or rule of law,
make provision for the issue by the Secretary of State of a code of practice,
provide for sections 47 and 48 to apply in relation to such a code with such modifications as may be specified,
provide for any of the provisions of Parts IV and V to apply, with such modifications as may be specified in the regulations, in relation to compliance with any requirement of the regulations, and
contain such transitional or consequential provision (including provision modifying any enactment) as the Secretary of State considers appropriate.
This section has effect subject to section 80.
If, with respect to any enactment which prohibits the disclosure of information held by a public authority, it appears to the Secretary of State or the Minister for the Cabinet Office that by virtue of section 44(1)(a) the enactment is capable of preventing the disclosure of information under section 1, he may by order repeal or amend the enactment for the purpose of removing or relaxing the prohibition.
In subsection (1)—
“executive committee”, in relation to the National Assembly for Wales, has the same meaning as in the Government of Wales Act 1998;
“the Tribunal”, in relation to any appeal under this Act, means—
the National Crime Agency, or
“international organisation” means any international organisation whose members include any two or more States, or any organ of such an organisation;
An order under this section may do all or any of the following—
make such modifications of enactments as, in the opinion of the Secretary of State or the Minister for the Cabinet Office, are consequential upon, or incidental to, the amendment or repeal of the enactment containing the prohibition;
contain such transitional provisions and savings as appear to the Secretary of State or the Minister for the Cabinet Office to be appropriate;
make different provision for different cases.
The Commissioner may disclose to a person specified in the first column of the Table below any information obtained by, or furnished to, the Commissioner under or for the purposes of this Act or the data protection legislation if it appears to the Commissioner that the information relates to a matter which could be the subject of an investigation by that person under the enactment specified in relation to that person in the second column of that Table. TABLE Ombudsman Enactment The Parliamentary Commissioner for Administration. The Parliamentary Commissioner Act 1967 (c. 13). The Health Service Commissioner for England. The Health Service Commissioners Act 1993 (c. 46). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . The Health Service Commissioner for Scotland. The Health Service Commissioners Act 1993 (c. 46). A Local Commissioner as defined by section 23(3) of the Local Government Act 1974. The Scottish Public Services Ombudsman Part III or Part 3A of the Local Government Act 1974 (c. 7). The Scottish Public Services Ombudsman The Scottish Public Services Ombudsman Act 2002 (asp 11) The Commissioner for Local Administration in Scotland. Part II of the Local Government (Scotland) Act 1975 (c. 30). The Scottish Parliamentary Commissioner for Administration. The Scotland Act 1998 (Transitory and Transitional Provisions)(Complaints of Maladministration) Order 1999 (S.I. 1999/1351). The Public Services Ombudsman for Wales Part 2 of the Public Services Ombudsman (Wales) Act 2005 or Part 3 of the Public Services Ombudsman (Wales) Act 2019 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . The Northern Ireland Commissioner for Complaints. The Commissioner for Complaints (Northern Ireland) Order 1996 (S.I. 1996/1297 (N.I. 7)). The Assembly Ombudsman for Northern Ireland. The Ombudsman (Northern Ireland) Order 1996 (S.I. 1996/1298 (N.I. 8)). The Commissioner for Older People in Wales The Commissioner for Older People (Wales) Act 2006
Schedule 7 (which contains amendments relating to information disclosed to ombudsmen under subsection (1) and to the disclosure of information by ombudsmen to the Commissioner) has effect.
The Commissioner may disclose to the Scottish Information Commissioner any information obtained or furnished as mentioned in section 76(1) of this Act if it appears to the Commissioner that the information is of the same type that could be obtained by, or furnished to, the Scottish Information Commissioner under or for the purposes of the Freedom of Information (Scotland) Act 2002.
Where— any person to whom this subsection applies is guilty of an offence if he alters, defaces, blocks, erases, destroys or conceals any record held by the public authority, with the intention of preventing the disclosure by that authority of all, or any part, of the information to the communication of which the applicant would have been entitled.
a request for information has been made to a public authority, and
under section 1 of this Act ... the applicant would have been entitled (subject to payment of any fee) to communication of any information in accordance with that section,
Subsection (1) applies to the public authority and to any person who is employed by, is an officer of, or is subject to the direction of, the public authority.
A person guilty of an offence under this section is liable on summary conviction to a fine not exceeding level 5 on the standard scale.
No proceedings for an offence under this section shall be instituted—
in England or Wales, except by the Commissioner or by or with the consent of the Director of Public Prosecutions;
in Northern Ireland, except by the Commissioner or by or with the consent of the Director of Public Prosecutions for Northern Ireland.
No enactment or rule of law prohibiting or restricting the disclosure of information precludes a person from providing the First-tier Tribunal or the Upper Tribunal with information necessary for the discharge of their functions in connection with appeals under section 60 of this Act.
But this section does not authorise the making of a disclosure which is prohibited by any of Parts 1 to 7 or Chapter 1 of Part 9 of the Investigatory Powers Act 2016.
Until the repeal of Part 1 of the Regulation of Investigatory Powers Act 2000 by paragraphs 45 and 54 of Schedule 10 to the Investigatory Powers Act 2016 is fully in force, subsection (2) has effect as if it included a reference to that Part.
Nothing in this Act is to be taken to limit the powers of a public authority to disclose information held by it.
Where any information communicated by a public authority to a person (“the applicant”) under section 1 was supplied to the public authority by a third person, the publication to the applicant of any defamatory matter contained in the information shall be privileged unless the publication is shown to have been made with malice.
No order may be made under section 4(1) or 5 in relation to any of the bodies specified in subsection (2); and the power conferred by section 74(3) does not include power to make provision in relation to information held by any of those bodies.
The bodies referred to in subsection (1) are—
the Scottish Parliament,
any part of the Scottish Administration,
the Scottish Parliamentary Corporate Body, or
any Scottish public authority with mixed functions or no reserved functions (within the meaning of the Scotland Act 1998).
Section 50 of the Copyright, Designs and Patents Act 1988 and paragraph 6 of Schedule 1 to the Copyright and Rights in Databases Regulations 1997 apply in relation to the Freedom of Information (Scotland) Act 2002 as they apply in relation to this Act.
For the purposes of this Act each government department is to be treated as a person separate from any other government department.
Subsection (1) does not enable—
a government department which is not a Northern Ireland department to claim for the purposes of section 41(1)(b) that the disclosure of any information by it would constitute a breach of confidence actionable by any other government department (not being a Northern Ireland department), or
a Northern Ireland department to claim for those purposes that the disclosure of information by it would constitute a breach of confidence actionable by any other Northern Ireland department.
A government department or the Welsh Assembly Government is not liable to prosecution under this Act, but section 77 and paragraph 12 of Schedule 3 apply to a person in the public service of the Crown as they apply to any other person.
The provisions specified in subsection (3) also apply to a person acting on behalf of either House of Parliament or on behalf of the Northern Ireland Assembly or the National Assembly for Wales as they apply to any other person.
Any power of the . . . Secretary of State or the Minister for the Cabinet Office to make an order or regulations under this Act shall be exercisable by statutory instrument.
A statutory instrument containing (whether alone or with other provisions)— shall not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.
an order under section 5, 7(3) or (8), 53(1)(a)(iii) or 75, or
regulations under section 10(4) or 74(3),
A statutory instrument which contains (whether alone or with other provisions)— and which is not subject to the requirement in subsection (2) that a draft of the instrument be laid before and approved by a resolution of each House of Parliament, shall be subject to annulment in pursuance of a resolution of either House of Parliament.
an order under section 4(1) or 47(4B), or
regulations under any provision of this Act not specified in subsection (2)(b),
An order under section 4(5) shall be laid before Parliament after being made.
If a draft of an order under section 5 or 7(8) would, apart from this subsection, be treated for the purposes of the Standing Orders of either House of Parliament as a hybrid instrument, it shall proceed in that House as if it were not such an instrument.
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In this Act “Welsh public authority” means—
any public authority which is listed in Part II, III, IV or VI of Schedule 1 and whose functions are exercisable only or mainly in or as regards Wales, other than an excluded authority, or
any public authority which is—
a subsidiary of the Welsh Ministers (as defined by section 134(4) of the Government of Wales Act 2006), or
a subsidiary of the Assembly Commission (as defined by section 139(4) of that Act).
In paragraph (a) of subsection (1) “excluded authority” means a public authority which is designated by the Secretary of State or the Minister for the Cabinet Office by order as an excluded authority for the purposes of that paragraph.
Before making an order under subsection (2), the Secretary of State or the Minister for the Cabinet Office shall consult the First Minister for Wales.
In this Act, unless the context otherwise requires—
in the case of a record transferred to the Public Record Office of Northern Ireland from a Northern Ireland department, the Northern Ireland Minister who appears to the appropriate Northern Ireland Minister to be primarily concerned, or
between members of the Welsh Assembly Government
There shall be paid out of money provided by Parliament—
any increase attributable to this Act in the expenses of the Secretary of State in respect of the Commissioner, the Tribunal or the members of the Tribunal,
any administrative expenses of the Secretary of State or the Minister for the Cabinet Office attributable to this Act,
any other expenses incurred in consequence of this Act by a Minister of the Crown or government department or by either House of Parliament, and
any increase attributable to this Act in the sums which under any other Act are payable out of money so provided.
Schedule 8 (repeals) has effect.
The following provisions of this Act shall come into force on the day on which this Act is passed—
sections 3 to 8 and Schedule 1,
section 19 so far as relating to the approval of publication schemes,
section 20 so far as relating to the approval and preparation by the Commissioner of model publication schemes,
section 47(2) to (6),
section 49,
section 74,
section 75,
sections 78 to 85 and this section,
paragraphs 2 and 17 to 22 of Schedule 2 (and section 18(4) so far as relating to those paragraphs),
paragraph 4 of Schedule 5 (and section 67 so far as relating to that paragraph),
paragraph 8 of Schedule 6 (and section 73 so far as relating to that paragraph),
Part I of Schedule 8 (and section 86 so far as relating to that Part), and
so much of any other provision of this Act as confers power to make any order, regulations or code of practice.
The following provisions of this Act shall come into force at the end of the period of two months beginning with the day on which this Act is passed—
section 18(1),
section 76 and Schedule 7,
paragraphs 1(1), 3(1), 4, 6, 7, 8(2), 9(2), 10(a), 13(1) and (2), 14(a) and 15(1) and (2) of Schedule 2 (and section 18(4) so far as relating to those provisions), and
Part II of Schedule 8 (and section 86 so far as relating to that Part).
Except as provided by subsections (1) and (2), this Act shall come into force at the end of the period of five years beginning with the day on which this Act is passed or on such day before the end of that period as the Secretary of State may by order appoint; and different days may be appointed for different purposes.
An order under subsection (3) may contain such transitional provisions and savings (including provisions capable of having effect after the end of the period referred to in that subsection) as the Secretary of State considers appropriate.
During the twelve months beginning with the day on which this Act is passed, and during each subsequent complete period of twelve months in the period beginning with that day and ending with the first day on which all the provisions of this Act are fully in force, the Secretary of State shall—
prepare a report on his proposals for bringing fully into force those provisions of this Act which are not yet fully in force, and
lay a copy of the report before each House of Parliament.
This Act may be cited as the Freedom of Information Act 2000.
Subject to subsection (3), this Act extends to Northern Ireland.
The amendment or repeal of any enactment by this Act has the same extent as that enactment.
Section 3(1)(a)(i).
Any government department other than
the Competition and Markets Authority,
the Office for Standards in Education, Children's Services and Skills.
The Competition and Markets Authority, in respect of information held otherwise than as a tribunal.
The House of Commons , in respect of information other than— Paragraph (b) does not except information relating to the total amount of expenditure incurred on regular travel during any month.
information relating to any residential address of a member of either House of Parliament,
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,
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,
information relating to expenditure by a member of either House of Parliament on security arrangements.
information held by the Intelligence and Security Committee of Parliament.
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.
The House of Lords , in respect of information other than— Paragraph (b) does not except information relating to the total amount of expenditure incurred on regular travel during any month.
information relating to any residential address of a member of either House of Parliament,
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,
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,
information relating to expenditure by a member of either House of Parliament on security arrangements.
information held by the Intelligence and Security Committee of Parliament.
The Northern Ireland Assembly.
The National Assembly for Wales, in respect of information other than— Paragraph (b) does not except information relating to the total amount of expenditure incurred on regular travel during any month.
information relating to any residential address of a member of the Assembly,
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,
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,
information relating to expenditure by a member of the Assembly on security arrangements.
The armed forces of the Crown, except—
the special forces, and
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.
the Welsh Assembly Government.
A local authority within the meaning of the Local Government Act 1972, namely—
in England, a county council, a London borough council, a district council or a parish council,
in Wales, a county council, a county borough council or a community council.
The Greater London Authority.
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.
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.
The Council of the Isles of Scilly.
A parish meeting constituted under section 13 of the Local Government Act 1972.
Any charter trustees constituted under section 246 of the Local Government Act 1972.
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.
A fire and rescue authority created by an order under section 4A of that Act.
A waste disposal authority established by virtue of an order under section 10(1) of the Local Government Act 1985.
A port health authority constituted by an order under section 2 of the Public Health (Control of Disease) Act 1984.
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An internal drainage board which is continued in being by virtue of section 1 of the Land Drainage Act 1991.
A joint authority established under Part IV of the Local Government Act 1985 (fire and rescue services and transport).
The London Fire Commissioner.
A joint fire authority established by virtue of an order under section 42(2) of the Local Government Act 1985 (reorganisation of functions).
An economic prosperity board established under section 88 of the Local Democracy, Economic Development and Construction Act 2009.
A body corporate established pursuant to an order under section 67 of the Local Government Act 1985 (transfer of functions to successors of residuary bodies, etc.).
A combined authority established under section 103 of that Act.
A body corporate established pursuant to an order under section 17 of the Local Government and Public Involvement in Health Act 2007 (residuary bodies).
A combined county authority established under section 9(1) of the Levelling-up and Regeneration Act 2023.
The Broads Authority established by section 1 of the Norfolk and Suffolk Broads Act 1988.
A joint committee constituted in accordance with section 102(1)(b) of the Local Government Act 1972.
A joint board which is continued in being by virtue of section 263(1) of the Local Government Act 1972.
A joint authority established under section 21 of the Local Government Act 1992.
A Passenger Transport Executive for an integrated transport area for the purposes of Part 2 of the Transport Act 1968.
Transport for London.
The London Transport Users Committee.
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.
A National Park authority established by an order under section 63 of the Environment Act 1995.
A joint planning board constituted for an area in Wales outside a National Park by an order under section 2(1B) of the Town and Country Planning Act 1990.
A sub-national transport body established under section 102E of the Local Transport Act 2008.
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An inshore fisheries and conservation authority for a district established under section 149 of the Marine and Coastal Access Act 2009.
An urban development corporation established under section 135 of the Local Government, Planning and Land Act 1980.
A Mayoral development corporation established under section 198 of the Localism Act 2011.
A Local Healthwatch organisation, in respect of information held in connection with—
arrangements made under section 221(1) of the Local Government and Public Involvement in Health Act 2007, or
arrangements made in pursuance of arrangements made under section 221(1) of that Act.
A corporate joint committee established by regulations under Part 5 of the Local Government and Elections (Wales) Act 2021.
A district council within the meaning of the Local Government Act (Northern Ireland) 1972.
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A special health authority established under section 28 of the National Health Service Act 2006 or section 22 of the National Health Service (Wales) Act 2006.
NHS England.
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An integrated care board established under section 14Z25 of the National Health Service Act 2006.
A National Health Service trust established under section 25 of the National Health Service Act 2006 or section 18 of the National Health Service (Wales) Act 2006.
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A Local Health Board established under section 11 of the National Health Service (Wales) Act 2006.
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Any person providing general medical services, general dental services, general ophthalmic services or pharmaceutical services under the National Health Service Act 2006 or the National Health Service (Wales) Act 2006, or providing both general ophthalmic services and other ophthalmic services in accordance with arrangements made with a Local Health Board in Wales under the National Health Service (Wales) Act 2006, in respect of information relating to the provision of those services.
An NHS foundation trust.
Any person providing personal medical services or personal dental services under arrangements made under section 28C of the National Health Service Act 1977, in respect of information relating to the provision of those services.
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Any person providing primary medical services , primary dental services or primary ophthalmic services— in respect of information relating to the provision of those services.
in accordance with arrangements made under section 92 or 107 of the National Health Service Act 2006, or section 50 or 64 of the National Health Service (Wales) Act 2006; or
under a contract under section 84 or 100 of the National Health Service Act 2006 or section 42 or 57 of the National Health Service (Wales) Act 2006;
Any person providing local pharmaceutical services under— in respect of information relating to the provision of those services.
a pilot scheme established under section 134 of the National Health Service Act 2006 or section 92 of the National Health Service (Wales) Act 2006; or
an LPS scheme established under Schedule 12 to the National Health Service Act 2006 or Schedule 7 to the National Health Service (Wales) Act 2006 ,
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A Health and Social Care trust established under Article 10 of the Health and Personal Social Services (Northern Ireland) Order 1991.
A special agency established under Article 3 of the Health and Personal Social Services (Special Agencies) (Northern Ireland) Order 1990.
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Any person providing primary medical services, general dental services, general ophthalmic services or pharmaceutical services under Part VI of the Health and Personal Social Services (Northern Ireland) Order 1972, in respect of information relating to the provision of those services.
The Regional Business Services Organisation established under section 14 of the Health and Social Services (Reform) Act (Northern Ireland) 2009.
The Patient and Client Council established under section 16 of the Health and Social Care (Reform) Act (Northern Ireland) 2009.
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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.
The governing body of—
a maintained school, as defined by section 20(7) of the School Standards and Framework Act 1998, or
a maintained nursery school, as defined by section 22(9) of that Act.
The proprietor of an Academy, in respect of information held for the purposes of the proprietor's functions under Academy arrangements. In sub-paragraph (1)—
The governing body of— In sub-paragraph (1)—
The managers of— In sub-paragraph (1) “managers” has the meaning given by Article 2(2) of the Education and Libraries (Northern Ireland) Order 1986.
The governing body of— In sub-paragraph (1) “governing body” has the meaning given by Article 30(3) of the Education and Libraries (Northern Ireland) Order 1993.
Any person providing further education to whom grants, loans or other payments are made under Article 5(1)(b) of the Further Education (Northern Ireland) Order 1997.
A police and crime commissioner.
The Mayor's Office for Policing and Crime.
A chief officer of police of a police force in England or Wales.
The Northern Ireland Policing Board.
The Chief Constable of the Police Service of Northern Ireland.
The British Transport Police.
The Ministry of Defence Police established by section 1 of the Ministry of Defence Police Act 1987.
The Civil Nuclear Police Authority.
Any person who— in respect of information relating to the exercise by any person appointed on his nomination of the functions of a special constable.
by virtue of any enactment has the function of nominating individuals who may be appointed as special constables by justices of the peace, and
is not a public authority by virtue of any other provision of this Act,
The chief constable of the Civil Nuclear Constabulary.
The Adjudication Panel for Wales. ... The adjudicators appointed under section 25 of the School Standards and Framework Act 1998. The Administration of Radioactive Substances Advisory Committee. ... ... ... ... The Advisory Board on the Registration of Homoeopathic Products. ... The Advisory Committee on Clinical Excellence Awards. ... The Advisory Committee for the Public Lending Right. ... ... The Advisory Committee on Animal Feedingstuffs. The Advisory Committee on Borderline Substances. The Advisory Committee on Business and the Environment. The Advisory Committee on Business Appointments. The Advisory Committee on Conscientious Objectors. ... The Advisory Committee on Dangerous Pathogens. ... ... The Advisory Committee on the Government Art Collection ... ... An Advisory Committee on Justices of the Peace in England and Wales. The Advisory Committee on the Microbiological Safety of Food. ... The Advisory Committee on Novel Foods and Processes. ... The Advisory Committee on Overseas Economic and Social Research. The Advisory Committee on Packaging. ... The Advisory Committee on Releases to the Environment. The Advisory Committee on Statute Law. The Advisory Committee on Telecommunications for the Disabled and Elderly. ... The Advisory Council on the Misuse of Drugs. The Advisory Council on Public Records. The Advisory Group on Hepatitis. The Advisory Council on Historical Manuscripts. The Advisory Council on National Records and Archives. The Advisory Group on Medical Countermeasures. ... ... ... The Advisory Panel on Substance Misuse. An advocate for victims of major incidents appointed under Part 2 of the Victims and Prisoners Act 2024. ... An Agricultural Dwelling House Advisory Committee. ... An Agricultural Wages Committee. ... The Agriculture and Horticulture Development Board. ... The Air Quality Expert Group. ... The All-Wales Medicines Strategy Group. ... ... The Animal Sentience Committee. The Animal Welfare Advisory Committee. ... ... The Architects Registration Board. The Armed Forces Commissioner. The Armed Forces Pay Review Body. ... The Arts Council of England. The Arts Council of Wales. An assessor appointed for the purposes of section 133 of the Criminal Justice Act 1988 in its application to England and Wales. The Audit Commission for Local Authorities and the National Health Service in England and Wales. The Auditor General for Wales. ... The Bank of England (including the Bank in its capacity as the Prudential Regulation Authority), in respect of information held for purposes other than those of its functions with respect to— (a) monetary policy, (b) financial operations intended to support financial institutions for the purposes of maintaining stability, and (c) the provision of private banking services and related services. The Better Regulation Task Force. The Big Lottery Fund ... The Biometrics and Forensics Ethics Group. The Board of the Pension Protection Fund. ... The Britain-Russia Centre and East-West Centre. ... The British Broadcasting Corporation, in respect of information held for purposes other than those of journalism, art or literature. ... The British Council. ... The British Film Institute. The British Hallmarking Council. The British Library. The British Museum. The British Pharmacopoeia Commission. ... The British Railways Board. ... The British Tourist Authority. The British Transport Police Authority. ... The British Wool Marketing Board. The Broadcasting Standards Commission. ... ... The Building Regulations Advisory Committee for Wales. The Building Safety Regulator. ... Canal & River Trust, in respect of information held by it relating to functions exercisable by it by virtue of the British Waterways Board (Transfer of Functions) Order 2012 ( S.I. 2012/1659). ... The Care Quality Commission. The Central Advisory Committee on War Pensions. ... ... The Central Rail Users’ Consultative Committee. The Certification Officer. The Channel Four Television Corporation, in respect of information held for purposes other than those of journalism, art or literature. ... The chief inspector of constabulary appointed under section 54(1) of the Police Act 1996. ... ... ... The Children and Family Court Advisory and Support Service. The Children's Commissioner. The Children’s Commissioner for Wales. The Citizen Voice Body for Health and Social Care, Wales. The Civil Aviation Authority. The Civil Justice Council. The Civil Procedure Rule Committee. The Civil Service Appeal Board. The Civil Service Commission The Coal Authority. The College of Policing. Comisiynydd y Gymraeg (The Welsh Language Commissioner). ... The Commission for Equality and Human Rights. ... ... The Commission on Human Medicines. ... The Commission for Local Administration in England. ... ... ... ... ... The Commission for Tertiary Education and Research. ... The Commissioner for Older People in Wales. The Commissioner for Patient Safety. The Commissioner for Public Appointments. The Commissioner for Victims and Witnesses. The Commissioners of Northern Lighthouses. ... ... ... The Committee on Carcinogenicity of Chemicals in Food, Consumer Products and the Environment. ... The Committee on Climate Change. The Committee on Fuel Poverty. ... The Committee on Medical Aspects of Radiation in the Environment. The Committee on Mutagenicity of Chemicals in Food, Consumer Products and the Environment. The Committee for the Protection of Animals Used for Scientific Purposes. The Committee on Radioactive Waste Management. The Committee on Safety of Devices. The Committee on Standards in Public Life. The Committee on Toxicity of Chemicals in Food, Consumer Products and the Environment. The Committee on the Medical Effects of Air Pollutants. ... The Commonwealth Scholarship Commission in the United Kingdom. Communications for Business. The company formed under section 3 of the Parliamentary Buildings (Restoration and Renewal) Act 2019. ... ... The Competition Service. Compliance Officer for the Independent Parliamentary Standards Authority. The Comptroller and Auditor General. A conservation board established under section 86 of the Countryside and Rights of Way Act 2000. The Construction Industry Training Board. Consumer Communications for England. The Consumer Council for Postal Services. The Consumer Council for Water ... The Consumer Panel established under section 16 of the Communications Act 2003. ... ... ... ... The Council for Science and Technology. ... ... ... ... The Covent Garden Market Authority. The Criminal Cases Review Commission. ... The Criminal Injuries Compensation Authority. The Criminal Justice Consultative Council. The Criminal Procedure Rule Committee. ... The Dartmoor Steering Group and Working Party. The Darwin Advisory Committee. The Defence Nuclear Safety Committee. The Defence Scientific Advisory Council. The Democracy and Boundary Commission Cymru. ... ... ... ... The Director General of the Independent Office for Police Conduct. ... ... ... ... The Disabled Persons Transport Advisory Committee. The Disclosure and Barring Service. ... The Domestic Abuse Commissioner. The East of England Industrial Development Board. The Ebbsfleet Development Corporation. ... ... The Education Workforce Council. The Electoral Commission. ... The Engineering Construction Industry Training Board. ... ... ... The English Sports Council. The English Tourist Board. The Environment Agency. ... ... ... The Expert Advisory Group on AIDS. ... An Expert Panel on Air Quality Standards. The Export Guarantees Advisory Council. The Family Justice Council. The Family Procedure Rule Committee. The Family Proceedings Rules Committee. ... ... The Financial Conduct Authority. The Financial Reporting Advisory Board. ... The Fire Services Examination Board. ... Flood and Coastal Erosion Committee or Pwyllgor Llifogydd ac Erydu Arfordirol. The Forensic Science Regulator. ... ... ... The Fuel Cell Advisory Panel. ... The Future Generations Commissioner for Wales. ... The Gaelic Media Service, in respect of information held for purposes other than those of journalism, art or literature. Gambling Commission ... The Gas and Electricity Consumer Council. ... The Gene Therapy Advisory Committee. The General Chiropractic Council. The General Dental Council. The General Medical Council. The General Optical Council. The General Osteopathic Council. The General Pharmaceutical Council. ... ... ... ... The Government Hospitality Advisory Committee for the Purchase of Wine. The Government Chemist. The Government-Industry Forum on Non-Food Use of Crops. The Great Britain-China Centre. Groceries Code Adjudicator. ... The Health and Safety Executive. The Health and Care Professions Council ... ... The Health Research Authority. The Health Service Commissioner for England. The Health Services Safety Investigations Body. ... ... Her Majesty’s Chief Inspector of Education and Training in Wales or Prif Arolygydd Ei Mawrhydi dros Addysg a Hyfforddiant yng Nghymru. Her Majesty's Chief Inspector of Prisons. Her Majesty’s Commissioners for Judicial Appointments. Her Majesty's Inspectorate of Probation for England and Wales. The Herbal Medicines Advisory Committee. ... ... ... ... ... The Historic Buildings and Monuments Commission for England. The Historic Royal Palaces Trust. ... The Homes and Communities Agency. ... The Horserace Betting Levy Board. The Horserace Totalisator Board. ... Horticulture Research International. The House of Lords Appointments Commission. Any housing action trust established under Part III of the Housing Act 1988. The Housing Ombudsman. ... The Human Fertilisation and Embryology Authority. The Human Genetics Commission. The Human Tissue Authority. The Immigration Services Commissioner. The Imperial War Museum. The Independent Advisory Committee on Development Impact. The Independent Advisory Group on Teenage Pregnancy. The Independent Anti-slavery Commissioner ... The Independent Case Examiner for the Child Support Agency. The Independent Chief Inspector of Borders and Immigration. The Independent Commission for Aid Impact. The Independent Commission for Reconciliation and Information Recovery. The Independent Football Regulator. The Independent Groundwater Complaints Administrator. The Independent Living Funds. The Independent Monitoring Authority for the Citizens' Rights Agreements. Any Independent Monitoring Board established under section 6(2) of the Prison Act 1952. The Independent Monitoring Board for the Military Corrective Training Centre. The Independent Office for Police Conduct. The Independent Parliamentary Standards Authority. ... ... ... The Independent Review Panel for Advertising. The Independent Review Panel for Borderline Products. ... ... The Independent System Operator and Planner designated in accordance with section 162 of the Energy Act 2023 in respect of information held by it as a result of the exercise of its functions under, or as a consequence of, that Act The Independent Television Commission. The Independent Welsh Pay Review Body. ... The Industrial Development Advisory Board. The Industrial Injuries Advisory Council. The Infected Blood Compensation Authority. The Information Commissioner. ... ... The Insolvency Rules Committee. ... The Insurance Brokers Registration Council. The Integrated Administration and Controls System Appeals Panel. The Intellectual Property Advisory Committee. ... The Joint Committee on Vaccination and Immunisation. The Joint Nature Conservation Committee. The Joint Prison/Probation Accreditation Panel. The Judicial Appointments and Conduct Ombudsman. The Judicial Appointments Commission. ... ... The Land Registration Rule Committee. The Law Commission. ... ... The Legal Services Board. ... ... ... ... ... The Local Audit Office. ... ... The Local Government Boundary Commission for England. ... ... A local probation board established under section 4 of the Criminal Justice and Court Services Act 2000. The London and South East Industrial Development Board. The London Pensions Fund Authority. The Low Pay Commission. ... The Marine Management Organisation. The Marshall Aid Commemoration Commission. The Measurement Advisory Committee. ... ... ... ... ... The Migration Advisory Committee. ... ... The Money and Pensions Service. ... The Museum of London. The National Army Museum. The National Assembly for Wales Remuneration Board. The National Association of Citizens Advice Bureaux— (a) in respect of information relating to the function exercisable by virtue of article 2 of the Public Bodies (The Office of Fair Trading Transfer of Consumer Advice Scheme Function and Modification of Enforcement Functions) Order 2013 S.I. 2013/783. (b) in respect of information relating to the functions transferred to it by Article 3(1)(a), (b) or (c) of the Public Bodies (Abolition of the National Consumer Council and Transfer of the Office of Fair Trading’s Functions in relation to Estate Agents etc) Order 2014 (S.I. 2014/631). The National Audit Office. ... ... The National Citizen Service Trust. ... ... ... The National Data Guardian for Health and Social Care. ... The National Employers’ Liaison Committee. ... The National Employment Savings Trust Corporation. ... ... The National Forest Company. The National Gallery. The National Heritage Memorial Fund. The National Independent Safeguarding Board. ... ... The National Institute for Health and Care Excellence. The National Library of Wales. ... ... The National Maritime Museum. The National Museum of Science and Industry. The National Museums and Galleries of Wales. The National Museums and Galleries on Merseyside. The National Non-Food Crops Centre. ... The National Portrait Gallery. ... Natural England. ... The Natural History Museum. The Natural Resources Body for Wales. ... ... The NHS Pay Review Body. The North East Industrial Development Board. The Northern Ireland Judicial Appointments Ombudsman. The North West Industrial Development Board. The Nuclear Decommissioning Authority. The Nuclear Research Advisory Council. The Nursing and Midwifery Council. ... The Office for Budget Responsibility. The Office of Communications. The Office for Environmental Protection. ... ... The Office for Legal Complaints. The Office of Manpower Economics. The Office for Nuclear Regulation. ... The Office for Students. ... ... The Oil and Pipelines Agency. ... ... ... The Ombudsman for the Board of the Pension Protection Fund. The OSO Board. ... ... The Parliamentary Boundary Commission for England. The Parliamentary Boundary Commission for Scotland. The Parliamentary Boundary Commission for Wales. The Parliamentary Commissioner for Administration. The Parliamentary Works Estimates Commission. ... The Parole Board. ... ... The Passengers' Council. The Payment Systems Regulator established under section 40 of the Financial Services (Banking Reform) Act 2013. ... The Pensions Ombudsman. The Pensions Regulator. ... The Pesticide Residues Committee. The Pesticides Forum. ... ... ... The Police Advisory Board for England and Wales. ... ... ... The Police Remuneration Review Body. The Political Honours Scrutiny Committee. ... ... ... ... The Prison Service Pay Review Body. The Prisons and Probation Ombudsman for England and Wales. A probation trust. The Professional Standards Authority for Health and Social Care ... ... The Public Private Partnership Agreement Arbiter. The Public Services Ombudsman for Wales Pubs Code Adjudicator. ... ... Qualifications Wales. ... The Race Relations Forum. The Radio Authority. The Radioactive Waste Management Advisory Committee. ... ... ... ... .... Any Regional Flood and Coastal Committee. The Registrar of Consultant Lobbyists The Registrar General for England and Wales. ... ... The Regulator of Community Interest Companies. The Regulator of Social Housing The Regulatory Policy Committee. ... The Renewable Energy Advisory Committee. ... ... ... ... The Review Body on Doctors and Dentists Remuneration. The Reviewing Committee on the Export of Works of Art. The Royal Air Force Museum. The Royal Armouries. The Royal Botanic Gardens, Kew. The Royal College of Veterinary Surgeons, in respect of information held by it otherwise than as a tribunal. The Royal Commission on Ancient and Historical Monuments of Wales. ... The Royal Commission on Historical Manuscripts. The Royal Hospital at Chelsea. ... The Royal Mint Advisory Committee on the Design of Coins, Medals, Seals and Decorations. ... The School Teachers’ Review Body. The Science Advisory Council. ... The Scientific Advisory Committee on Nutrition. The Scientific Committee on Tobacco and Health. ... ... ... The Sea Fish Industry Authority. The Security Industry Authority The Senior Salaries Review Body. The Sentencing Council for England and Wales. ... ... ... ... Service Police Complaints Commissioner. Sianel Pedwar Cymru, in respect of information held for purposes other than those of journalism, art or literature. ... The Single Source Regulations Office. Sir John Soane’s Museum. ... Small Business Commissioner. The Small Business Council. ... The Social Care Institute for Excellence. Social Care Wales. ... The Social Mobility and Child Poverty Commission The Social Security Advisory Committee. ... Social Work England. The South West Industrial Development Board. ... ... The Sports Council for Wales. The Sports Grounds Safety Authority. ... The Standing Advisory Committee on Industrial Property. The Standing Advisory Committee on Trunk Road Assessment. The Standing Dental Advisory Committee. ... ... ... The Statistics Commission. The Steering Committee on Pharmacy Postgraduate Education. The Strategic Investment Board. ... ... The Substance Misuse Advisory Panel. The Surveillance Camera Commissioner. ... ... The Sustainable Energy Policy Advisory Board. The Tate Gallery. The TB Advisory Group ... The Technical Advisory Board. ... The Theatres Trust. The Trade Remedies Authority. A traffic commissioner, in respect of information held by the commissioner otherwise than as a tribunal ... The Treasure Valuation Committee. The Tribunal Procedure Committee. The trustee corporation established by section 75 of the Pensions Act 2008. The UK Advisory Panel for Health Care Workers Infected with Bloodborne Viruses. The UK Chemicals Stakeholder Forum. ... The UK Sports Council. The United Kingdom Atomic Energy Authority. ... ... United Kingdom Research and Innovation. ... The University for Industry. The Unlinked Anonymous Serosurveys Steering Group. The Unrelated Live Transplant Regulatory Authority. ... The Valuation Tribunal Service. The verderers of the New Forest, in respect of information held by them otherwise than as a tribunal. The Veterinary Products Committee. ... The Victoria and Albert Museum. The Wales Audit Office. The Wales Centre for Health. ... ... The Wallace Collection. The War Pensions Committees. ... ... ... The Welsh Committee for Professional Development of Pharmacy. ... The Welsh Dental Committee. ... The Welsh Industrial Development Advisory Board. ... The Welsh Medical Committee. ... The Welsh Nursing and Midwifery Committee. The Welsh Optometric Committee. The Welsh Pharmaceutical Committee. The Welsh Revenue Authority. The Welsh Scientific Advisory Committee. The Westminster Foundation for Democracy. The West Midlands Industrial Development Board. The Wilton Park Academic Council. ... ... The Yorkshire and the Humber and the East Midlands Industrial Development Board. ... The Youth Justice Board for England and Wales. The Zoos Forum.
An advisory committee established under paragraph 25 of the Health and Personal Social Services (Northern Ireland) Order 1972. ... The Advisory Committee on Justices of the Peace in Northern Ireland. ... ... ... The Agricultural Wages Board for Northern Ireland. The Agri-food and Biosciences Institute The Arts Council of Northern Ireland. The Assembly Ombudsman for Northern Ireland. The Attorney General for Northern Ireland. The Belfast Harbour Commissioners. The Board of Trustees of National Museums and Galleries of Northern Ireland. ... The Boundary Commission for Northern Ireland. A central advisory committee established under paragraph 24 of the Health and Personal Social Services (Northern Ireland) Order 1972. The Certification Officer for Northern Ireland. The Charities Advisory Committee. The Charity Commission for Northern Ireland The Chief Electoral Officer for Northern Ireland. The Chief Inspector of Criminal Justice in Northern Ireland. The Civil Service Commissioners for Northern Ireland. Comhairle na Gaelscolaíochta. The Commission for Victims and Survivors for Northern Ireland The Commissioner for Children and Young People for Northern Ireland The Commissioner for Older People for Northern Ireland The Commissioner for Public Appointments for Northern Ireland. Commissioner for the Ulster Scots and the Ulster British tradition. ... The Construction Industry Training Board. The consultative Civic Forum referred to in section 56(4) of the Northern Ireland Act 1998. The Council for Catholic Maintained Schools. The Council for Nature Conservation and the Countryside. The County Court Rules Committee (Northern Ireland). The Criminal Injuries Compensation Appeals Panel for Northern Ireland, in relation to information held by it otherwise than as a tribunal. A development corporation established under Part III of the Strategic Investment and Regeneration of Sites (Northern Ireland) Order 2003 ... The Distinction and Meritorious Service Awards Committee. ... The Drainage Council for Northern Ireland. The Education Authority ... The Equality Commission for Northern Ireland. The Family Proceedings Rules Committee (Northern Ireland). ... ... The General Consumer Council for Northern Ireland. The General Teaching Council for Northern Ireland. The Governors of the Armargh Observatory and Planetarium. The Harbour of Donaghadee Commissioners. The Health and Safety Agency for Northern Ireland. The Historic Buildings Council. The Historic Monuments Council. The Independent Assessor of Military Complaints Procedures in Northern Ireland. The Independent Commissioner for Holding Centres. The Independent Remuneration Board An independent monitoring board appointed under section 10 of the Prison Act (Northern Ireland) 1953. The Independent Reviewer of the Northern Ireland (Emergency Provisions) Act. ... ... Invest Northern Ireland Irish Language Commissioner. ... The Labour Relations Agency. ... ... The Lay Observer for Northern Ireland. ... ... ... The Livestock & Meat Commission for Northern Ireland. ... The Local Government Staff Commission. The Londonderry Port and Harbour Commissioners. The Magistrates’ Courts Rules Committee (Northern Ireland). ... ... The Northern Ireland Audit Office. The Northern Ireland Authority for Utility Regulation. The Northern Ireland Building Regulations Advisory Committee. The Northern Ireland Civil Service Appeal Board. The Northern Ireland Commissioner for Complaints. The Northern Ireland Community Relations Council. ... The Northern Ireland Council for the Curriculum, Examinations and Assessment. ... The Northern Ireland Court of Judicature Rules Committee. The Northern Ireland Crown Court Rules Committee. ... The Northern Ireland Events Company. The Northern Ireland Fire and Rescue Service Board The Northern Ireland Fishery Harbour Authority. The Northern Ireland Health and Personal Social Services Regulation and Improvement Authority. ... The Northern Ireland Housing Executive. The Northern Ireland Human Rights Commission. The Northern Ireland Insolvency Rules Committee. The Northern Ireland Judicial Appointments Commission. The Northern Ireland Law Commission. ... The Northern Ireland Library Authority The Northern Ireland Local Government Officers’ Superannuation Committee. The Northern Ireland Museums Council. ... The Northern Ireland Practice and Education Council for Nursing and Midwifery. The Northern Ireland Social Care Council. ... The Northern Ireland Tourist Board. The Northern Ireland Transport Holding Company. ... ... The Office of Identity and Cultural Expression. The Parades Commission. Parole Commissioners for Northern Ireland The Pharmaceutical Society of Northern Ireland, in respect of information held by it otherwise than as a tribunal. The Poisons Board (Northern Ireland). The Police Ombudsman for Northern Ireland. A policing and community safety partnership or a district policing and community safety partnership established under Part 3 of the Justice (Northern Ireland) Act 2011. The Prisoner Ombudsman for Northern Ireland. The Probation Board for Northern Ireland. The Royal Ulster Constabulary George Cross Foundation. The Rural Development Council for Northern Ireland. The Safeguarding Board for Northern Ireland The Sentence Review Commissioners appointed under section 1 of the Northern Ireland (Sentences) Act 1998. ... The discretionary support Commissioner appointed under Article 136 of the Welfare Reform (Northern Ireland) Order 2015. The Sports Council for Northern Ireland. ... The Statistics Advisory Committee. The Statute Law Committee for Northern Ireland. ... The Training and Employment Agency. Ulster Supported Employment Ltd. The Victims’ Payments Board, in relation to its administrative functions. The Warrenpoint Harbour Authority. The Waste Management Advisory Board. The Youth Council for Northern Ireland.
Section 18(4).
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. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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.
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. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Information Commissioner. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Information Commissioner
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
In Schedule 1 to the Superannuation Act 1972 (employment with superannuation scheme), for “Data Protection Commissioner” there is substituted “ Information Commissioner ”.
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 ”.
The Information Tribunal The Information Commissioner
The Information Tribunal The Information Commissioner
In paragraph 14 of Part I of Schedule 1 to the Tribunals and Inquiries Act 1992 (tribunals under direct supervision of Council on Tribunals)—
in sub-paragraph (a), for “The Data Protection Commissioner” there is substituted “ The Information Commissioner ”, and
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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 ”.
Section 6 of the Data Protection Act 1998 (the Data Protection Commissioner and the Data Protection Tribunal) is amended as follows. For subsection (1) there is substituted— . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
In section 70(1) of that Act (supplementary definitions)—
in the definition of “the Commissioner”, for “the Data Protection Commissioner” there is substituted “ the Information Commissioner ”, and
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Schedule 5 to that Act (the Data Protection Commissioner and the Data Protection Tribunal) is amended as follows. In paragraph 1(1), for “Data Protection Commissioner” there is substituted “ Information Commissioner ”. Part III shall cease to have effect.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
for the word “and” at the end of paragraph (a) there is substituted—, and
after paragraph (b) there is inserted and
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
after “functions” there is inserted “under this Act”, and
after “Tribunal” there is inserted “so far as attributable to their functions under this Act”.
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 ”.
Section 59 of that Act (confidentiality of information) is amended as follows. In subsections (1) and (2), for “this Act”, wherever occurring, there is substituted “ the information Acts ”. After subsection (3) there is inserted—
Paragraph 4 of Schedule 5 to that Act (officers and staff) is amended as follows. In sub-paragraph (1)(a), after “a deputy commissioner” there is inserted “ or two deputy commissioners ”. After sub-paragraph (1) there is inserted—
Paragraph 5 of Schedule 5 to that Act (exercise of functions of Commissioner during vacancy etc.) is amended as follows. In sub-paragraph (1)— In sub-paragraph (2) after “this Act” there is inserted “ or the Freedom of Information Act 2000 ”.
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.
If a circuit judge is satisfied by information on oath supplied by the Commissioner that there are reasonable grounds for suspecting— 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. 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 judge shall not issue a warrant under this Schedule unless he is satisfied— 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.
A judge who issues a warrant under this Schedule shall also issue two copies of it and certify them clearly as copies.
A person executing a warrant issued under this Schedule may use such reasonable force as may be necessary.
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.
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. 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.
A person seizing anything in pursuance of a warrant under this Schedule shall give a receipt for it if asked to do so. 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.
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).
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— Sub-paragraph (1) applies also to— 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. In this paragraph references to the client of a professional legal adviser include references to any person representing such a client.
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.
A warrant issued under this Schedule shall be returned to the court from which it was issued— 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.
after being executed, or
if not executed within the time authorised for its execution;
Any person who— is guilty of an offence.
intentionally obstructs a person in the execution of a warrant issued under this Schedule, or
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,
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.
In the application of this Schedule to Scotland—
for any reference to a circuit judge there is substituted a reference to the sheriff, and
for any reference to information on oath there is substituted a reference to evidence on oath.
In the application of this Schedule to Northern Ireland—
for any reference to a circuit judge there is substituted a reference to a county court judge, and
for any reference to information on oath there is substituted a reference to a complaint on oath.
In paragraph 2(1) of Schedule 6 to the Data Protection Act 1998 (constitution of Tribunal in national security cases), at the end there is inserted “ or under section 60(1) or (4) of the Freedom of Information Act 2000 ”.
For paragraph 3 of that Schedule there is substituted—
Paragraph 4 of that Schedule (constitution of Tribunal in other cases) is amended as follows. After sub-paragraph (1) there is inserted— In sub-paragraph (2), after “(1)” there is inserted “ or (1A) ”.
Paragraph 7 of that Schedule (rules of procedure) is amended as follows. In sub-paragraph (1), for the words from “regulating” onwards there is substitutedregulating— In sub-paragraph (2), after paragraph (a) there is inserted—.
Section 67.
In section 1 of the Public Records Act 1958 (general responsibility of the Lord Chancellor for public records), after subsection (2) there is inserted—
Section 5 of that Act (access to public records) is amended in accordance with this paragraph. Subsections (1) and (2) are omitted. For subsection (3) there is substituted— Subsection (4) and, in subsection (5), the words from “and subject to” to the end are omitted.
Schedule 2 of that Act (enactments prohibiting disclosure of information obtained from the public) is omitted.
In Schedule 1 to that Act (definition of public records) after the Table at the end of paragraph 3 there is inserted—
After section 5 of the Public Records Act (Northern Ireland) 1923 (deposit of documents in Record Office by trustees or other persons) there is inserted—
Section 73.
In section 7 of the Data Protection Act 1998 (right of access to personal data), for subsection (3) there is substituted—
After section 35 of that Act there is inserted—
After section 63 of that Act there is inserted—
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—.
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—.
In Schedule 7 to that Act (miscellaneous exemptions) in paragraph 3(b) (honours) after “honour” there is inserted “ or dignity ”.
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 ”.
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).
At the end of section 11 of the Parliamentary Commissioner Act 1967 (provision for secrecy of information) there is inserted—
After section 11A of that Act there is inserted—
In section 32 of the Local Government Act 1974 (law of defamation, and disclosure of information) after subsection (6) there is inserted—
After section 33 of that Act there is inserted—
At the end of section 15 of the Health Service Commissioners Act 1993 (confidentiality of information) there is inserted—
After section 18 of that Act there is inserted—
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
At the end of Article 21 of the Commissioner for Complaints (Northern Ireland) Order 1996 (disclosure of information by Commissioner) there is inserted—
After that Article there is inserted—
At the end of Article 19 of the Ombudsman (Northern Ireland) Order 1996 there is inserted—
After that Article there is inserted—
In section 30 of the Local Government (Scotland) Act 1975 (limitation on disclosure of information), after subsection (5) there is inserted—
Section 86.
Chapter Short title Extent of repeal 1998 c. 29. The Data Protection Act 1998. In Schedule 14, in paragraph 2(1), the words “or, if earlier, 24th October 2001”.
Chapter Short title Extent of repeal 1958 c. 51. The Public Records Act 1958. In Schedule 1, in Part II of the Table in paragraph 3, the entry relating to the Data Protection Commissioner. 1967 c. 13. The Parliamentary Commissioner Act 1967. In Schedule 2, the entry relating to the Data Protection Commissioner. 1975 c. 24. The House of Commons Disqualification Act 1975. In Schedule 1, in Part III, the entry relating to the Data Protection Commissioner. 1975 c. 25. The Northern Ireland Assembly Disqualification Act 1975. In Schedule 1, in Part III, the entry relating to the Data Protection Commissioner. 1998 c. 29. The Data Protection Act 1998. In Schedule 5, Part III. In Schedule 15, paragraphs 1(1), 2, 4, 5(2) and 6(2)
Chapter Short title Extent of repeal 1958 c. 51. The Public Records Act 1958. In section 5, subsections (1), (2) and (4) and, in subsection (5), the words from “and subject to” to the end. Schedule 2. 1975 c. 24. The House of Commons Disqualification Act 1975. In Schedule 1, in Part II, the entry relating to the Data Protection Tribunal. 1975 c. 25. The Northern Ireland Assembly Disqualification Act 1975. In Schedule 1, in Part II, the entry relating to the Data Protection Tribunal. 1998 c. 29. The Data Protection Act 1998. In section 1(1), in the definition of “data”, the word “or” at the end of paragraph (c). In Schedule 15, paragraphs 1(2) and (3), 3, 5(1) and 6(1).