Freedom of Information Act 2000

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Freedom of Information Act
2000
CHAPTER 36
ARRANGEMENT OF SECTIONS
Part I
Access to information held by public authorities
Right to information
Section
1. General right of access to information held by public authorities.
2. E ﬀect of the exemptions in Part II.
3. Public authorities.
4. Amendment of Schedule 1.
5. Further power to designate public authorities.
6. Publicly-owned companies.
7. Public authorities to which Act has limited application.
8. Request for information.
9. Fees.
10. Time for compliance with request.
11. Means by which communication to be made.
12. Exemption where cost of compliance exceeds appropriate limit.
13. Fees for disclosure where cost of compliance exceeds
appropriate limit.
14. Vexatious or repeated requests.
15. Special provisions relating to public records transferred to Public
Record Oﬃ ce, etc.
16. Duty to provide advice and assistance.
Refusal of request
17. Refusal of request.
The Information Commissioner and the Information Tribunal
18. The Information Commissioner and the Information Tribunal.
Publication schemes
19. Publication schemes.
20. Model publication schemes.

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ii c. 36 Freedom of Information Act 2000
Part II
Exempt information
Section
21. Information accessible to applicant by other means.
22. Information intended for future publication.
23. Information supplied by, or relating to, bodies dealing with
security matters.
24. National security.
25. Certiﬁcates under ss. 23 and 24: supplementary provisions.
26. Defence.
27. International relations.
28. Relations within the United Kingdom.
29. The economy.
30. Investigations and proceedings conducted by public authorities.
31. Law enforcement.
32. Court records, etc.
33. Audit functions.
34. Parliamentary privilege.
35. Formulation of government policy, etc.
36. Prejudice to e ﬀective conduct of public a ﬀairs.
37. Communications with Her Majesty, etc. and honours.
38. Health and safety.
39. Environmental information.
40. Personal information.
41. Information provided in conﬁdence.
42. Legal professional privilege.
43. Commercial interests.
44. Prohibitions on disclosure.
Part III
General functions ofSecretary ofState,L ord Chancellor and
InformationCommissioner
45. Issue of code of practice by Secretary of State.
46. Issue of code of practice by Lord Chancellor.
47. General functions of Commissioner.
48. Recommendations as to good practice.
49. Reports to be laid before Parliament.
Part IV
Enforcement
50. Application for decision by Commissioner.
51. Information notices.
52. Enforcement notices.
53. Exception from duty to comply with decision notice or
enforcement notice.
54. Failure to comply with notice.
55. Powers of entry and inspection.
56. No action against public authority.
Part V
Appeals
57. Appeal against notices served under Part IV.
58. Determination of appeals.

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Section
59. Appeals from decision of Tribunal.
60. Appeals against national security certiﬁcate.
61. Appeal proceedings.
Part VI
Historical records and records inPublicRecord Office or
PublicRecord Office ofNorthern Ireland
62. Interpretation of Part VI.
63. Removal of exemptions: historical records generally.
64. Removal of exemptions: historical records in public record o ﬃ ces.
65. Decisions as to refusal of discretionary disclosure of historical
records.
66. Decisions relating to certain transferred public records.
67. Amendments of public records legislation.
Part VII
Amendments of Data ProtectionAct 1998
Amendments relating to personal information held by public authorities
68. Extension of meaning of “data”.
69. Right of access to unstructured personal data held by public
authorities.
70. Exemptions applicable to certain manual data held by public
authorities.
71. Particulars registrable under Part III of Data Protection Act 1998.
72. Availability under Act disregarded for purpose of exemption.
Other amendments
73. Further amendments of Data Protection Act 1998.
Part VIII
Miscellaneous and supplemental
74. Power to make provision relating to environmental information.
75. Power to amend or repeal enactments prohibiting disclosure of
information.
76. Disclosure of information between Commissioner and
ombudsmen.
77. O ﬀence of altering etc. records with intent to prevent disclosure.
78. Saving for existing powers.
79. Defamation.
80. Scotland.
81. Application to government departments, etc.
82. Orders and regulations.
83. Meaning of “Welsh public authority”.
84. Interpretation.
85. Expenses.
86. Repeals.
87. Commencement.
88. Short title and extent.

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Schedules:
Schedule 1—Public authorities.
Part I—General.
Part II—Local government.
Part III—The National Health Service.
Part IV—Maintained schools and other educational
institutions.
Part V—Police.
Part VI—Other public bodies and o ﬃ ces: general.
Part VII—Other public bodies and o ﬃ ces: Northern
Ireland.
Schedule 2—The Commissioner and the Tribunal.
Part I—Provision consequential on s. 18(1) and (2).
Part II—Amendments relating to extension of functions of
Commissioner and Tribunal.
Schedule 3—Powers of entry and inspection.
Schedule 4—Appeal proceedings: amendments of Schedule 6
to Data Protection Act 1998.
Schedule 5—Amendments of public records legislation.
Part I—Amendments of Public Records Act 1958.
Part II—Amendment of Public Records Act (Northern
Ireland) 1923.
Schedule 6—Further amendments of Data Protection Act
1998.
Schedule 7—Disclosure of information by ombudsmen.
Schedule 8—Repeals.
Part I—Repeal coming into force on passing of Act.
Part II—Repeals coming into force in accordance with
section 87(2).
Part III—Repeals coming into force in accordance with
section 87(3).

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ELIZABETH II c. 36
Freedom of Information Act
2000
2000 CHAPTER 36
An Act to make provision for the disclosure of information held by
public authorities or by persons providing services for them and
to amend the Data Protection Act 1998 and the Public Records
Act 1958; and for connected purposes. [30th November 2000]
B
e it enactedby the Queen’s most Excellent Majesty, by and with
the advice and consent of the Lords Spiritual and Temporal, and
Commons, in this present Parliament assembled, and by the
authority of the same, as follows:—
Part I
Access to information held by public authorities
Right to information
1.—(1) Any person making a request for information to a public General right of
access toauthority is entitled—
information held
(a) to be informed in writing by the public authority whether it holds by public
information of the description speciﬁed in the request, and authorities.
(b) if that is the case, to have that information communicated to
him.
(2) Subsection (1) has e ﬀect subject to the following provisions of this
section and to the provisions of sections 2, 9, 12 and 14.
(3) Where a public authority—
(a) reasonably requires further information in order to identify and
locate the information requested, and
(b) has informed the applicant of that requirement,
the authority is not obliged to comply with subsection (1) unless it is
supplied with that further information.

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(4) The information—
(a) in respect of which the applicant is to be informed under
subsection (1)(a), or
(b) which is to be communicated under subsection (1)(b),
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.
(5) 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).
(6) 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”.
2.—(1) Where any provision of Part II states that the duty to conﬁrmEﬀect of the
exemptions in or deny does not arise in relation to any information, the e ﬀect of the
Part II. provision is that where either—
(a) the provision confers absolute exemption, or
(b) 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,
section 1(1)(a) does not apply.
(2) 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—
(a) the information is exempt information by virtue of a provision
conferring absolute exemption, or
(b) in all the circumstances of the case, the public interest in
maintaining the exemption outweighs the public interest in
disclosing the information.
(3) For the purposes of this section, the following provisions of Part II
(and no others) are to be regarded as conferring absolute exemption—
(a) section 21,
(b) section 23,
(c) section 32,
(d) section 34,
(e) section 36 so far as relating to information held by the House of
Commons or the House of Lords,
(f) in section 40—
(i) subsection (1), and
(ii) 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,
(g) section 41, and
(h) section 44.

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Part I
Public authorities.3.—(1) In this Act “public authority” means—
(a) subject to section 4(4), any body which, any other person who,
or the holder of any o ﬃ ce which—
(i) is listed in Schedule 1, or
(ii) is designated by order under section 5, or
(b) a publicly-owned company as deﬁned by section 6.
(2) For the purposes of this Act, information is held by a public
authority if—
(a) it is held by the authority, otherwise than on behalf of another
person, or
(b) it is held by another person on behalf of the authority.
4.—(1) The Secretary of State may by order amend Schedule 1 by Amendment of
Schedule 1.adding to that Schedule a reference to any body or the holder of any oﬃ ce
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.
(2) The ﬁrst condition is that the body or o ﬃ ce—
(a) is established by virtue of Her Majesty’s prerogative or by an
enactment or by subordinate legislation, or
(b) is established in any other way by a Minister of the Crown in his
capacity as Minister, by a government department or by the
National Assembly for Wales.
(3) The second condition is—
(a) 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 National
Assembly for Wales, or
(b) in the case of an o ﬃ ce, that appointments to the o ﬃ ce are made
by the Crown, by a Minister of the Crown, by a government
department or by the National Assembly for Wales.
(4) If either the ﬁrst or the second condition above ceases to be satisﬁed
as respects any body or oﬃ ce which is listed in Part VI or VII of Schedule
1, that body or the holder of that oﬃ ce shall cease to be a public authority
by virtue of the entry in question.
(5) The Secretary of State may by order amend Schedule 1 by
removing from Part VI or VII of that Schedule an entry relating to any
body or o ﬃ ce—
(a) which has ceased to exist, or
(b) as respects which either the ﬁrst or the second condition above
has ceased to be satisﬁed.
(6) An order under subsection (1) may relate to a speciﬁed person or
oﬃ ce or to persons or o ﬃ ces falling within a speciﬁed description.
(7) Before making an order under subsection (1), the Secretary of
State shall—
(a) if the order adds to Part II, III, IV or VI of Schedule 1 a
reference to—
(i) a body whose functions are exercisable only or mainly
in or as regards Wales, or

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(ii) the holder of an o ﬃ ce whose functions are exercisable
only or mainly in or as regards Wales,
consult the National Assembly for Wales, and
(b) if the order relates to a body which, or the holder of any o ﬃ ce
who, if the order were made, would be a Northern Ireland
public authority, consult the First Minister and deputy First
Minister in Northern Ireland.
(8) This section has e ﬀect subject to section 80.
(9) In this section “Minister of the Crown” includes a Northern
Ireland Minister.
5.—(1) The Secretary of State may by order designate as a publicFurther power to
designate public authority for the purposes of this Act any person who is neither listed in
authorities. Schedule 1 nor capable of being added to that Schedule by an order under
section 4(1), but who—
(a) appears to the Secretary of State to exercise functions of a public
nature, or
(b) is providing under a contract made with a public authority any
service whose provision is a function of that authority.
(2) An order under this section may designate a speciﬁed person or
oﬃ ce or persons or o ﬃ ces falling within a speciﬁed description.
(3) Before making an order under this section, the Secretary of State
shall consult every person to whom the order relates, or persons
appearing to him to represent such persons.
(4) This section has e ﬀect subject to section 80.
6.—(1) A company is a “publicly-owned company” for the purposes ofPublicly-owned
companies. section 3(1)(b) if—
(a) it is wholly owned by the Crown, or
(b) it is wholly owned by any public authority listed in Schedule 1
other than—
(i) a government department, or
(ii) any authority which is listed only in relation to
particular information.
(2) For the purposes of this section—
(a) a company is wholly owned by the Crown if it has no members
except—
(i) Ministers of the Crown, government departments or
companies wholly owned by the Crown, or
(ii) persons acting on behalf of Ministers of the Crown,
government departments or companies wholly owned by the
Crown, and
(b) a company is wholly owned by a public authority other than a
government department if it has no members except—
(i) that public authority or companies wholly owned by
that public authority, or
(ii) persons acting on behalf of that public authority or of
companies wholly owned by that public authority.

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(3) In this section—
“company” includes any body corporate;
“Minister of the Crown” includes a Northern Ireland Minister.
7.—(1) Where a public authority is listed in Schedule 1 only in relation Public authorities
to which Act hasto information of a speciﬁed description, nothing in Parts I to V of this
limitedAct applies to any other information held by the authority. application.
(2) 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.
(3) The Secretary of State may by order amend Schedule 1—
(a) by limiting to information of a speciﬁed description the entry
relating to any public authority, or
(b) by removing or amending any limitation to information of a
speciﬁed description which is for the time being contained in
any entry.
(4) Before making an order under subsection (3), the Secretary of
State shall—
(a) if the order relates to the National Assembly for Wales or a
Welsh public authority, consult the National Assembly for
Wales,
(b) if the order relates to the Northern Ireland Assembly, consult the
Presiding Oﬃ cer of that Assembly, and
(c) 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.
(5) 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.
(6) 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.
(7) 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.
(8) 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 for
the purposes of this subsection.
(9) In this section “publicly-owned company” has the meaning given
by section 6.
8.—(1) In this Act any reference to a “request for information” is a
Request for
information.reference to such a request which—
(a) is in writing,

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(b) states the name of the applicant and an address for
correspondence, and
(c) describes the information requested.
(2) For the purposes of subsection (1)(a), a request is to be treated as
made in writing where the text of the request—
(a) is transmitted by electronic means,
(b) is received in legible form, and
(c) is capable of being used for subsequent reference.
9.—(1) A public authority to whom a request for information is madeFees.
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).
(2) 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.
(3) Subject to subsection (5), any fee under this section must be
determined by the public authority in accordance with regulations made
by the Secretary of State.
(4) Regulations under subsection (3) may, in particular, provide—
(a) that no fee is to be payable in prescribed cases,
(b) that any fee is not to exceed such maximum as may be speciﬁed
in, or determined in accordance with, the regulations, and
(c) that any fee is to be calculated in such manner as may be
prescribed by the regulations.
(5) 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.
10.—(1) Subject to subsections (2) and (3), a public authority mustTime for
compliance with comply with section 1(1) promptly and in any event not later than the
request. twentieth working day following the date of receipt.
(2) 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.
(3) If, and to the extent that—
(a) section 1(1)(a) would not apply if the condition in section 2(1)(b)
were satisﬁed, or
(b) section 1(1)(b) would not apply if the condition in section 2(2)(b)
were satisﬁed,
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.

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(4) The Secretary of State may by regulations provide that subsections
(1) and (2) are to have e ﬀect 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.
(5) Regulations under subsection (4) may—
(a) prescribe di ﬀerent days in relation to di ﬀerent cases, and
(b) confer a discretion on the Commissioner.
(6) In this section—
“the date of receipt” means—
(a) the day on which the public authority receives the
request for information, or
(b) if later, the day on which it receives the information
referred to in section 1(3);
“working day” means any day other than a Saturday, a Sunday,
Christmas Day, Good Friday or a day which is a bank holiday
under the Banking and Financial Dealings Act 1971 in any part 1971 c. 80.
of the United Kingdom.
11.—(1) Where, on making his request for information, the applicant Means by which
communication toexpresses a preference for communication by any one or more of the
be made.following means, namely—
(a) the provision to the applicant of a copy of the information in
permanent form or in another form acceptable to the applicant,
(b) the provision to the applicant of a reasonable opportunity to
inspect a record containing the information, and
(c) the provision to the applicant of a digest or summary of the
information in permanent form or in another form acceptable
to the applicant,
the public authority shall so far as reasonably practicable give e ﬀect to
that preference.
(2) 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.
(3) 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.
(4) Subject to subsection (1), a public authority may comply with a
request by communicating information by any means which are
reasonable in the circumstances.
12.—(1) Section 1(1) does not oblige a public authority to comply with
Exemption where
cost of compliancea request for information if the authority estimates that the cost of
exceedscomplying with the request would exceed the appropriate limit. appropriate limit.

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(2) 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.
(3) In subsections (1) and (2) “the appropriate limit” means such
amount as may be prescribed, and di ﬀerent amounts may be prescribed
in relation to di ﬀerent cases.
(4) The Secretary of State 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—
(a) by one person, or
(b) by di ﬀerent persons who appear to the public authority to be
acting in concert or in pursuance of a campaign,
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.
(5) The Secretary of State 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.
13.—(1) A public authority may charge for the communication of anyFees for disclosure
where cost of information whose communication—
compliance
(a) is not required by section 1(1) because the cost of complying withexceeds
the request for information exceeds the amount which is theappropriate limit.
appropriate limit for the purposes of section 12(1) and (2), and
(b) is not otherwise required by law,
such fee as may be determined by the public authority in accordance with
regulations made by the Secretary of State.
(2) Regulations under this section may, in particular, provide—
(a) that any fee is not to exceed such maximum as may be speciﬁed
in, or determined in accordance with, the regulations, and
(b) that any fee is to be calculated in such manner as may be
prescribed by the regulations.
(3) 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.
14.—(1) Section 1(1) does not oblige a public authority to comply with
Vexatious or
repeated requests. a request for information if the request is vexatious.
(2) 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.
15.—(1) Where—
Special provisions
relating to public (a) the appropriate records authority receives a request forrecords
information which relates to information which is, or if ittransferred to
existed would be, contained in a transferred public record, andPublic Record
Oﬃ ce, etc.

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(b) either of the conditions in subsection (2) is satisﬁed in relation to
any of that information,
that authority shall, within the period for complying with section 1(1),
send a copy of the request to the responsible authority.
(2) The conditions referred to in subsection (1)(b) are—
(a) 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
(b) that the information is exempt information only by virtue of a
provision of Part II not speciﬁed in that subsection.
(3) 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.
(4) In this Act “transferred public record” means a public record which
has been transferred—
(a) to the Public Record O ﬃ ce,
(b) to another place of deposit appointed by the Lord Chancellor
under the Public Records Act 1958, or
1958 c. 51.
(c) to the Public Record O ﬃ ce of Northern Ireland.
(5) In this Act—
“appropriate records authority”, in relation to a transferred public
record, means—
(a) in a case falling within subsection (4)(a), the Public
Record Oﬃ ce,
(b) in a case falling within subsection (4)(b), the Lord
Chancellor, and
(c) in a case falling within subsection (4)(c), the Public
Record Oﬃ ce of Northern Ireland;
“responsible authority”, in relation to a transferred public record,
means—
(a) 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,
(b) 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 Lord Chancellor to be primarily
concerned,
(c) in the case of a record transferred to the Public Record
Oﬃ ce 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,
(d) in the case of a record transferred to the Public Record
Oﬃ ce 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

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(e) in the case of a record transferred to the Public Record
Oﬃ ce of Northern Ireland from any other person, the person
who appears to the appropriate Northern Ireland Minister to
be primarily concerned.
16.—(1) It shall be the duty of a public authority to provide advice andDuty to provide
advice and assistance, so far as it would be reasonable to expect the authority to do
assistance. so, to persons who propose to make, or have made, requests for
information to it.
(2) 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.
Refusal of request
17.—(1) A public authority which, in relation to any request for
Refusal of request.
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—
(a) states that fact,
(b) speciﬁes the exemption in question, and
(c) states (if that would not otherwise be apparent) why the
exemption applies.
(2) Where—
(a) in relation to any request for information, a public authority is,
as respects any information, relying on a claim—
(i) 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
(ii) that the information is exempt information only by
virtue of a provision not speciﬁed in section 2(3), and
(b) 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,
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.
(3) 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—
(a) 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

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(b) that, in all the circumstances of the case, the public interest in
maintaining the exemption outweighs the public interest in
disclosing the information.
(4) 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.
(5) 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.
(6) Subsection (5) does not apply where—
(a) the public authority is relying on a claim that section 14 applies,
(b) 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
(c) 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.
(7) A notice under subsection (1), (3) or (5) must—
(a) 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
(b) contain particulars of the right conferred by section 50.
The Information Commissioner and the Information Tribunal
18.—(1) The Data Protection Commissioner shall be known instead as
The Information
Commissionerthe Information Commissioner.
and the
(2) The Data Protection Tribunal shall be known instead as the Information
Tribunal.
Information Tribunal.
(3) In this Act—
(a) the Information Commissioner is referred to as “the
Commissioner”, and
(b) the Information Tribunal is referred to as “the Tribunal”.
(4) Schedule 2 (which makes provision consequential on subsections
(1) and (2) and amendments of the Data Protection Act 1998 relating to 1998 c. 29.
the extension by this Act of the functions of the Commissioner and the
Tribunal) has e ﬀect.
(5) If the person who held o ﬃ ce as Data Protection Commissioner
immediately before the day on which this Act is passed remains in o ﬃ ce
as Information Commissioner at the end of the period of two years
beginning with that day, he shall vacate his oﬃ ce at the end of that period.
(6) Subsection (5) does not prevent the re-appointment of a person
whose appointment is terminated by that subsection.
(7) In the application of paragraph 2(4)(b) and (5) of Schedule 5 to the
Data Protection Act 1998 (Commissioner not to serve for more than
ﬁfteen years and not to be appointed, except in special circumstances, for

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Part I
a third or subsequent term) to anything done after the passing of this Act,
there shall be left out of account any term of o ﬃ ce served by virtue of an
appointment made before the passing of this Act.
Publication schemes
19.—(1) It shall be the duty of every public authority—Publication
schemes. (a) 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”),
(b) to publish information in accordance with its publication
scheme, and
(c) from time to time to review its publication scheme.
(2) A publication scheme must—
(a) specify classes of information which the public authority
publishes or intends to publish,
(b) specify the manner in which information of each class is, or is
intended to be, published, and
(c) specify whether the material is, or is intended to be, available to
the public free of charge or on payment.
(3) In adopting or reviewing a publication scheme, a public authority
shall have regard to the public interest—
(a) in allowing public access to information held by the authority,
and
(b) in the publication of reasons for decisions made by the authority.
(4) A public authority shall publish its publication scheme in such
manner as it thinks ﬁt.
(5) The Commissioner may, when approving a scheme, provide that
his approval is to expire at the end of a speciﬁed period.
(6) 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.
(7) Where the Commissioner—
(a) refuses to approve a proposed publication scheme, or
(b) revokes his approval of a publication scheme,
he must give the public authority a statement of his reasons for doing so.
20.—(1) The Commissioner may from time to time approve, in relation
Model publication
schemes. to public authorities falling within particular classes, model publication
schemes prepared by him or by other persons.
(2) 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.

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(3) The Commissioner may, when approving a model publication
scheme, provide that his approval is to expire at the end of a speciﬁed
period.
(4) 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.
(5) 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.
(6) 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.
(7) 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.
Part II
Exempt information
21.—(1) Information which is reasonably accessible to the applicant
Information
accessible tootherwise than under section 1 is exempt information.
applicant by other
means.
(2) For the purposes of subsection (1)—
(a) information may be reasonably accessible to the applicant even
though it is accessible only on payment, and
(b) 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.
(3) 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.
22.—(1) Information is exempt information if—
Information
intended for(a) the information is held by the public authority with a view to its future publication.
publication, by the authority or any other person, at some
future date (whether determined or not),
(b) the information was already held with a view to such publication
at the time when the request for information was made, and
(c) it is reasonable in all the circumstances that the information
should be withheld from disclosure until the date referred to in
paragraph (a).

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(2) 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).
23.—(1) Information held by a public authority is exempt informationInformation
supplied by, or if it was directly or indirectly supplied to the public authority by, or relates
relating to, bodies to, any of the bodies speciﬁed in subsection (3).dealing with
security matters.
(2) 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.
(3) The bodies referred to in subsections (1) and (2) are—
(a) the Security Service,
(b) the Secret Intelligence Service,
(c) the Government Communications Headquarters,
(d) the special forces,
(e) the Tribunal established under section 65 of the Regulation of
2000 c. 23.
Investigatory Powers Act 2000,
(f) the Tribunal established under section 7 of the Interception of1985 c. 56.
Communications Act 1985,
(g) the Tribunal established under section 5 of the Security Service1989 c. 5.
Act 1989,
(h) the Tribunal established under section 9 of the Intelligence1994 c. 13.
Services Act 1994,
(i) the Security Vetting Appeals Panel,
(j) the Security Commission,
(k) the National Criminal Intelligence Service, and
(l) the Service Authority for the National Criminal Intelligence
Service.
(4) 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.
(5) 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).
24.—(1) Information which does not fall within section 23(1) is exempt
National security.
information if exemption from section 1(1)(b) is required for the purpose
of safeguarding national security.
(2) 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.

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(3) 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.
(4) 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 e ﬀect.
25.—(1) A document purporting to be a certiﬁcate under section 23(2) Certiﬁcates under
ss. 23 and 24:or 24(3) shall be received in evidence and deemed to be such a certiﬁcate
supplementaryunless the contrary is proved. provisions.
(2) 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, su ﬃ cient evidence) of that certiﬁcate.
(3) 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.
26.—(1) Information is exempt information if its disclosure under this
Defence.
Act would, or would be likely to, prejudice—
(a) the defence of the British Islands or of any colony, or
(b) the capability, e ﬀectiveness or security of any relevant forces.
(2) In subsection (1)(b) “relevant forces” means—
(a) the armed forces of the Crown, and
(b) any forces co-operating with those forces,
or any part of any of those forces.
(3) 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).
27.—(1) Information is exempt information if its disclosure under this
International
relations.Act would, or would be likely to, prejudice—
(a) relations between the United Kingdom and any other State,
(b) relations between the United Kingdom and any international
organisation or international court,
(c) the interests of the United Kingdom abroad, or
(d) the promotion or protection by the United Kingdom of its
interests abroad.
(2) 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.
(3) 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.

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(4) The duty to conﬁrm or deny does not arise if, or to the extent that,
compliance with section 1(1)(a)—
(a) would, or would be likely to, prejudice any of the matters
mentioned in subsection (1), or
(b) 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.
(5) In this section—
“international court” means any international court which is not an
international organisation and which is established—
(a) by a resolution of an international organisation of
which the United Kingdom is a member, or
(b) by an international agreement to which the United
Kingdom is a party;
“international organisation” means any international organisation
whose members include any two or more States, or any organ
of such an organisation;
“State” includes the government of any State and any organ of its
government, and references to a State other than the United
Kingdom include references to any territory outside the United
Kingdom.
28.—(1) Information is exempt information if its disclosure under thisRelations within
the United Act would, or would be likely to, prejudice relations between any
Kingdom. administration in the United Kingdom and any other such
administration.
(2) In subsection (1) “administration in the United Kingdom”
means—
(a) the government of the United Kingdom,
(b) the Scottish Administration,
(c) the Executive Committee of the Northern Ireland Assembly, or
(d) the National Assembly for Wales.
(3) 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).
29.—(1) Information is exempt information if its disclosure under this
The economy.
Act would, or would be likely to, prejudice—
(a) the economic interests of the United Kingdom or of any part of
the United Kingdom, or
(b) the ﬁnancial interests of any administration in the United
Kingdom, as deﬁned by section 28(2).
(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).
30.—(1) Information held by a public authority is exempt informationInvestigations and
proceedings if it has at any time been held by the authority for the purposes of—
conducted by
public authorities.

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(a) any investigation which the public authority has a duty to
conduct with a view to it being ascertained—
(i) whether a person should be charged with an o ﬀence, or
(ii) whether a person charged with an o ﬀence is guilty of it,
(b) 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
(c) any criminal proceedings which the authority has power to
conduct.
(2) Information held by a public authority is exempt information if—
(a) it was obtained or recorded by the authority for the purposes of
its functions relating to—
(i) investigations falling within subsection (1)(a) or (b),
(ii) criminal proceedings which the authority has power to
conduct,
(iii) 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
(iv) civil proceedings which are brought by or on behalf of
the authority and arise out of such investigations, and
(b) it relates to the obtaining of information from conﬁdential
sources.
(3) 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).
(4) 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—
(a) to any o ﬃ cer of the authority,
(b) 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
(c) in the case of a Northern Ireland department, to the Northern
Ireland Minister in charge of the department.
(5) In this section—
“criminal proceedings” includes—
(a) proceedings before a court-martial constituted under
the Army Act 1955, the Air Force Act 1955 or the Naval
1955 c. 18.
Discipline Act 1957 or a disciplinary court constituted under 1955 c. 19.
section 52G of the Act of 1957, 1957 c. 53.
(b) proceedings on dealing summarily with a charge under
the Army Act 1955 or the Air Force Act 1955 or on summary
trial under the Naval Discipline Act 1957,

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(c) proceedings before a court established by section 83ZA
of the Army Act 1955, section 83ZA of the Air Force Act 19551955 c. 18.
or section 52FF of the Naval Discipline Act 1957 (summary1955 c. 19.
appeal courts),1957 c. 53.
(d) proceedings before the Courts-Martial Appeal Court,
and
(e) proceedings before a Standing Civilian Court;
“oﬀence” includes any o ﬀence under the Army Act 1955, the Air
Force Act 1955 or the Naval Discipline Act 1957.
(6) In the application of this section to Scotland—
(a) 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”,
(b) 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
(c) for any reference to a person being charged with an o ﬀence there
is substituted a reference to the person being prosecuted for the
oﬀence.
31.—(1) Information which is not exempt information by virtue of
Law enforcement.
section 30 is exempt information if its disclosure under this Act would, or
would be likely to, prejudice—
(a) the prevention or detection of crime,
(b) the apprehension or prosecution of o ﬀenders,
(c) the administration of justice,
(d) the assessment or collection of any tax or duty or of any
imposition of a similar nature,
(e) the operation of the immigration controls,
(f) the maintenance of security and good order in prisons or in other
institutions where persons are lawfully detained,
(g) the exercise by any public authority of its functions for any of the
purposes speciﬁed in subsection (2),
(h) 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
(i) any inquiry held under the Fatal Accidents and Sudden Deaths
1976 c. 14.
Inquiries (Scotland) Act 1976 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.
(2) The purposes referred to in subsection (1)(g) to (i) are—
(a) the purpose of ascertaining whether any person has failed to
comply with the law,

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(b) the purpose of ascertaining whether any person is responsible for
any conduct which is improper,
(c) the purpose of ascertaining whether circumstances which would
justify regulatory action in pursuance of any enactment exist or
may arise,
(d) 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,
(e) the purpose of ascertaining the cause of an accident,
(f) the purpose of protecting charities against misconduct or
mismanagement (whether by trustees or other persons) in their
administration,
(g) the purpose of protecting the property of charities from loss or
misapplication,
(h) the purpose of recovering the property of charities,
(i) the purpose of securing the health, safety and welfare of persons
at work, and
(j) 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.
(3) 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).
32.—(1) Information held by a public authority is exempt information
Court records, etc.
if it is held only by virtue of being contained in—
(a) any document ﬁled with, or otherwise placed in the custody of,
a court for the purposes of proceedings in a particular cause
or matter,
(b) any document served upon, or by, a public authority for the
purposes of proceedings in a particular cause or matter, or
(c) any document created by—
(i) a court, or
(ii) a member of the administrative sta ﬀ of a court,
for the purposes of proceedings in a particular cause or matter.
(2) Information held by a public authority is exempt information if it
is held only by virtue of being contained in—
(a) any document placed in the custody of a person conducting an
inquiry or arbitration, for the purposes of the inquiry or
arbitration, or
(b) any document created by a person conducting an inquiry or
arbitration, for the purposes of the inquiry or arbitration.
(3) 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.
(4) In this section—

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(a) “court” includes any tribunal or body exercising the judicial
power of the State,
(b) “proceedings in a particular cause or matter” includes any
inquest or post-mortem examination,
(c) “inquiry” means any inquiry or hearing held under any provision
contained in, or made under, an enactment, and
(d) except in relation to Scotland, “arbitration” means any
arbitration to which Part I of the Arbitration Act 1996 applies.1996 c. 23.
33.—(1) This section applies to any public authority which hasAudit functions.
functions in relation to—
(a) the audit of the accounts of other public authorities, or
(b) the examination of the economy, e ﬃ ciency and e ﬀectiveness
with which other public authorities use their resources in
discharging their functions.
(2) 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).
(3) 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).
34.—(1) Information is exempt information if exemption from section
Parliamentary
privilege. 1(1)(b) is required for the purpose of avoiding an infringement of the
privileges of either House of Parliament.
(2) 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.
(3) 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.
(4) In subsection (3) “the appropriate authority” means—
(a) in relation to the House of Commons, the Speaker of that
House, and
(b) in relation to the House of Lords, the Clerk of the Parliaments.
35.—(1) Information held by a government department or by the
Formulation of
government National Assembly for Wales is exempt information if it relates to—
policy, etc.
(a) the formulation or development of government policy,
(b) Ministerial communications,
(c) the provision of advice by any of the Law O ﬃ cers or any request
for the provision of such advice, or
(d) the operation of any Ministerial private o ﬃ ce.

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(2) 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—
(a) for the purposes of subsection (1)(a), as relating to the
formulation or development of government policy, or
(b) for the purposes of subsection (1)(b), as relating to Ministerial
communications.
(3) 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).
(4) 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.
(5) In this section—
“government policy” includes the policy of the Executive Committee
of the Northern Ireland Assembly and the policy of the
National Assembly for Wales;
“the Law O ﬃ cers” means the Attorney General, the Solicitor
General, the Advocate General for Scotland, the Lord
Advocate, the Solicitor General for Scotland and the Attorney
General for Northern Ireland;
“Ministerial communications” means any communications—
(a) between Ministers of the Crown,
(b) between Northern Ireland Ministers, including
Northern Ireland junior Ministers, or
(c) between Assembly Secretaries, including the Assembly
First Secretary,
and includes, in particular, proceedings of the Cabinet or of any
committee of the Cabinet, proceedings of the Executive
Committee of the Northern Ireland Assembly, and proceedings
of the executive committee of the National Assembly for Wales;
“Ministerial private o ﬃ ce” means any part of a government
department which provides personal administrative support to
a Minister of the Crown, to a Northern Ireland Minister or a
Northern Ireland junior Minister or any part of the
administration of the National Assembly for Wales providing
personal administrative support to the Assembly First
Secretary or an Assembly Secretary;
“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.
1998 c. 47.
36.—(1) This section applies to— Prejudice to
eﬀective conduct(a) information which is held by a government department or by the of public a ﬀairs.
National Assembly for Wales and is not exempt information by
virtue of section 35, and
(b) information which is held by any other public authority.

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(2) 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—
(a) would, or would be likely to, prejudice—
(i) the maintenance of the convention of the collective
responsibility of Ministers of the Crown, or
(ii) the work of the Executive Committee of the Northern
Ireland Assembly, or
(iii) the work of the executive committee of the National
Assembly for Wales,
(b) would, or would be likely to, inhibit—
(i) the free and frank provision of advice, or
(ii) the free and frank exchange of views for the purposes
of deliberation, or
(c) would otherwise prejudice, or would be likely otherwise to
prejudice, the e ﬀective conduct of public a ﬀairs.
(3) 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 e ﬀects mentioned in subsection (2).
(4) 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”.
(5) In subsections (2) and (3) “qualiﬁed person”—
(a) in relation to information held by a government department in
the charge of a Minister of the Crown, means any Minister of
the Crown,
(b) in relation to information held by a Northern Ireland
department, means the Northern Ireland Minister in charge of
the department,
(c) in relation to information held by any other government
department, means the commissioners or other person in charge
of that department,
(d) in relation to information held by the House of Commons,
means the Speaker of that House,
(e) in relation to information held by the House of Lords, means the
Clerk of the Parliaments,
(f) in relation to information held by the Northern Ireland
Assembly, means the Presiding O ﬃ cer,
(g) in relation to information held by the National Assembly for
Wales, means the Assembly First Secretary,
(h) in relation to information held by any Welsh public authority
other than the Auditor General for Wales, means—
(i) the public authority, or
(ii) any o ﬃ cer or employee of the authority authorised by
the Assembly First Secretary,
(i) in relation to information held by the National Audit O ﬃ ce,
means the Comptroller and Auditor General,

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(j) in relation to information held by the Northern Ireland Audit
Oﬃ ce, means the Comptroller and Auditor General for
Northern Ireland,
(k) in relation to information held by the Auditor General for
Wales, means the Auditor General for Wales,
(l) in relation to information held by any Northern Ireland public
authority other than the Northern Ireland Audit O ﬃ ce,
means—
(i) the public authority, or
(ii) any o ﬃ cer or employee of the authority authorised by
the First Minister and deputy First Minister in Northern
Ireland acting jointly,
(m) in relation to information held by the Greater London
Authority, means the Mayor of London,
(n) in relation to information held by a functional body within the
meaning of the Greater London Authority Act 1999, means the 1999 c. 29.
chairman of that functional body, and
(o) in relation to information held by any public authority not
falling within any of paragraphs (a) to (n), means—
(i) a Minister of the Crown,
(ii) the public authority, if authorised for the purposes of
this section by a Minister of the Crown, or
(iii) any o ﬃ cer or employee of the public authority who is
authorised for the purposes of this section by a Minister of
the Crown.
(6) Any authorisation for the purposes of this section—
(a) may relate to a speciﬁed person or to persons falling within a
speciﬁed class,
(b) may be general or limited to particular classes of case, and
(c) may be granted subject to conditions.
(7) A certiﬁcate signed by the qualiﬁed person referred to in subsection
(5)(d) or (e) above certifying that in his reasonable opinion—
(a) disclosure of information held by either House of Parliament, or
(b) compliance with section 1(1)(a) by either House,
would, or would be likely to, have any of the e ﬀects mentioned in
subsection (2) shall be conclusive evidence of that fact.
37.—(1) Information is exempt information if it relates to— Communications
with Her Majesty,(a) communications with Her Majesty, with other members of the etc. and honours.Royal Family or with the Royal Household, or
(b) the conferring by the Crown of any honour or dignity.
(2) 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).
38.—(1) Information is exempt information if its disclosure under this Health and safety.
Act would, or would be likely to—
(a) endanger the physical or mental health of any individual, or

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(b) endanger the safety of any individual.
(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, have either
of the e ﬀects mentioned in subsection (1).
39.—(1) Information is exempt information if the public authority
Environmental
information. holding it—
(a) is obliged by regulations under section 74 to make the
information available to the public in accordance with the
regulations, or
(b) would be so obliged but for any exemption contained in the
regulations.
(2) 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).
(3) Subsection (1)(a) does not limit the generality of section 21(1).
40.—(1) Any information to which a request for information relates is
Personal
information. exempt information if it constitutes personal data of which the applicant
is the data subject.
(2) Any information to which a request for information relates is also
exempt information if—
(a) it constitutes personal data which do not fall within subsection
(1), and
(b) either the ﬁrst or the second condition below is satisﬁed.
(3) The ﬁrst condition is—
(a) 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
1998 c. 29.
member of the public otherwise than under this Act would
contravene—
(i) any of the data protection principles, or
(ii) section 10 of that Act (right to prevent processing likely
to cause damage or distress), and
(b) 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.
(4) The second condition is that by virtue of any provision of Part IV
of the Data Protection Act 1998 the information is exempt from section
7(1)(c) of that Act (data subject’s right of access to personal data).
(5) The duty to conﬁrm or deny—
(a) 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
(b) does not arise in relation to other information if or to the extent
that either—

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(i) 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 1998 c. 29.
Protection Act 1998 or would do so if the exemptions in
section 33A(1) of that Act were disregarded, or
(ii) 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).
(6) In determining for the purposes of this section whether anything
done before 24th October 2007 would contravene any of the data
protection principles, the exemptions in Part III of Schedule 8 to the Data
Protection Act 1998 shall be disregarded.
(7) In this section—
“the data protection principles” means the principles set out in Part
I of Schedule 1 to the Data Protection Act 1998, as read subject
to Part II of that Schedule and section 27(1) of that Act;
“data subject” has the same meaning as in section 1(1) of that Act;
“personal data” has the same meaning as in section 1(1) of that Act.
41.—(1) Information is exempt information if—
Information
provided in(a) it was obtained by the public authority from any other person conﬁdence.
(including another public authority), and
(b) 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.
(2) 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.
42.—(1) Information in respect of which a claim to legal professional
Legal professional
privilege.privilege or, in Scotland, to conﬁdentiality of communications could be
maintained in legal proceedings is exempt information.
(2) 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.
43.—(1) Information is exempt information if it constitutes a trade Commercial
interests.secret.
(2) 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).
(3) 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).

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Prohibitions on 44.—(1) Information is exempt information if its disclosure (otherwise
disclosure. than under this Act) by the public authority holding it—
(a) is prohibited by or under any enactment,
(b) is incompatible with any Community obligation, or
(c) would constitute or be punishable as a contempt of court.
(2) 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).
Part III
General functions ofSecretary ofState,L ord Chancellor and
InformationCommissioner
45.—(1) The Secretary of State shall issue, and may from time to timeIssue of code of
practice by revise, a code of practice providing guidance to public authorities as to
Secretary of State. 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.
(2) The code of practice must, in particular, include provision
relating to—
(a) the provision of advice and assistance by public authorities to
persons who propose to make, or have made, requests for
information to them,
(b) the transfer of requests by one public authority to another public
authority by which the information requested is or may be held,
(c) consultation with persons to whom the information requested
relates or persons whose interests are likely to be aﬀected by the
disclosure of information,
(d) the inclusion in contracts entered into by public authorities of
terms relating to the disclosure of information, and
(e) the provision by public authorities of procedures for dealing with
complaints about the handling by them of requests for
information.
(3) The code may make di ﬀerent provision for di ﬀerent public
authorities.
(4) Before issuing or revising any code under this section, the Secretary
of State shall consult the Commissioner.
(5) The Secretary of State shall lay before each House of Parliament
any code or revised code made under this section.
46.—(1) The Lord Chancellor shall issue, and may from time to time
Issue of code of
practice by Lord revise, a code of practice providing guidance to relevant authorities as to
Chancellor. 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.
(2) For the purpose of facilitating the performance by the Public
Record O ﬃ ce, the Public Record O ﬃ ce of Northern Ireland and other
public authorities of their functions under this Act in relation to records

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1958 c. 51.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 1923 c. 20 (N.I.).
include guidance as to—
(a) 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
(b) the practice of reviewing records before they are transferred
under those provisions.
(3) In exercising his functions under this section, the Lord Chancellor
shall have regard to the public interest in allowing public access to
information held by relevant authorities.
(4) The code may make di ﬀerent provision for di ﬀerent relevant
authorities.
(5) Before issuing or revising any code under this section the Lord
Chancellor shall consult—
(a) the Secretary of State,
(b) the Commissioner, and
(c) in relation to Northern Ireland, the appropriate Northern
Ireland Minister.
(6) The Lord Chancellor shall lay before each House of Parliament any
code or revised code made under this section.
(7) In this section “relevant authority” means—
(a) any public authority, and
(b) any o ﬃ ce 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.
47.—(1) It shall be the duty of the Commissioner to promote the General functions
of Commissioner.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—
(a) the requirements of this Act, and
(b) the provisions of the codes of practice under sections 45 and 46.
(2) 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—
(a) about the operation of this Act,
(b) about good practice, and
(c) about other matters within the scope of his functions under
this Act,
and may give advice to any person as to any of those matters.
(3) The Commissioner may, with the consent of any public authority,
assess whether that authority is following good practice.
(4) The Commissioner may charge such sums as he may with the
consent of the Secretary of State determine for any services provided by
the Commissioner under this section.

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(5) The Commissioner shall from time to time as he considers
appropriate—
(a) 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, and1958 c. 51.
(b) 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
1923 c. 20 (N.I.).
Act (Northern Ireland) 1923.
(6) 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.
48.—(1) If it appears to the Commissioner that the practice of a public
Recommendations
as to good authority in relation to the exercise of its functions under this Act does
practice. 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.
(2) 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.
(3) Before giving to a public authority other than the Public Record
Oﬃ ce 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.
(4) Before giving to a public authority other than the Public Record
Oﬃ ce 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.
49.—(1) The Commissioner shall lay annually before each House of
Reports to be laid
before Parliament. Parliament a general report on the exercise of his functions under this Act.
(2) 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.

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Enforcement
50.—(1) Any person (in this section referred to as “the complainant”) Application for
decision bymay apply to the Commissioner for a decision whether, in any speciﬁed
Commissioner.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.
(2) On receiving an application under this section, the Commissioner
shall make a decision unless it appears to him—
(a) 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,
(b) that there has been undue delay in making the application,
(c) that the application is frivolous or vexatious, or
(d) that the application has been withdrawn or abandoned.
(3) Where the Commissioner has received an application under this
section, he shall either—
(a) 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
(b) serve notice of his decision (in this Act referred to as a “decision
notice”) on the complainant and the public authority.
(4) Where the Commissioner decides that a public authority—
(a) 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
(b) has failed to comply with any of the requirements of sections 11
and 17,
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.
(5) A decision notice must contain particulars of the right of appeal
conferred by section 57.
(6) 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 a ﬀected by the appeal need be taken pending the determination or
withdrawal of the appeal.
(7) This section has e ﬀect subject to section 53.
51.—(1) If the Commissioner—
Information
notices.(a) has received an application under section 50, or
(b) reasonably requires any information—
(i) for the purpose of determining whether a public
authority has complied or is complying with any of the
requirements of Part I, or

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(ii) 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,
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.
(2) An information notice must contain—
(a) in a case falling within subsection (1)(a), a statement that the
Commissioner has received an application under section 50, or
(b) in a case falling within subsection (1)(b), a statement—
(i) that the Commissioner regards the speciﬁed
information as relevant for either of the purposes referred to
in subsection (1)(b), and
(ii) of his reasons for regarding that information as
relevant for that purpose.
(3) An information notice must also contain particulars of the right of
appeal conferred by section 57.
(4) 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.
(5) An authority shall not be required by virtue of this section to
furnish the Commissioner with any information in respect of—
(a) any communication between a professional legal adviser and his
client in connection with the giving of legal advice to the client
with respect to his obligations, liabilities or rights under this
Act, or
(b) any communication between a professional legal adviser and his
client, or between such an adviser or his client and any other
person, made in connection with or in contemplation of
proceedings under or arising out of this Act (including
proceedings before the Tribunal) and for the purposes of such
proceedings.
(6) In subsection (5) references to the client of a professional legal
adviser include references to any person representing such a client.
(7) The Commissioner may cancel an information notice by written
notice to the authority on which it was served.
(8) In this section “information” includes unrecorded information.
52.—(1) If the Commissioner is satisﬁed that a public authority has
Enforcement
notices. 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.
(2) An enforcement notice must contain—

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(a) 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
(b) particulars of the right of appeal conferred by section 57.
(3) 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.
(4) The Commissioner may cancel an enforcement notice by written
notice to the authority on which it was served.
(5) This section has e ﬀect subject to section 53.
53.—(1) This section applies to a decision notice or enforcement notice Exception from
duty to complywhich—
with decision(a) is served on— notice or
enforcement
(i) a government department,
notice.(ii) the National Assembly for Wales, or
(iii) any public authority designated for the purposes of
this section by an order made by the Secretary of State, and
(b) relates to a failure, in respect of one or more requests for
information—
(i) 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
(ii) to comply with section 1(1)(b) in respect of exempt
information.
(2) A decision notice or enforcement notice to which this section
applies shall cease to have e ﬀect 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).
(3) 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—
(a) each House of Parliament,
(b) 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
(c) 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 National Assembly for Wales or
any Welsh public authority.
(4) In subsection (2) “the e ﬀective date”, in relation to a decision notice
or enforcement notice, means—

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(a) the day on which the notice was given to the public authority, or
(b) 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.
(5) Before making an order under subsection (1)(a)(iii), the Secretary
of State shall—
(a) if the order relates to a Welsh public authority, consult the
National Assembly for Wales,
(b) if the order relates to the Northern Ireland Assembly, consult the
Presiding Oﬃ cer of that Assembly, and
(c) if the order relates to a Northern Ireland public authority,
consult the First Minister and deputy First Minister in
Northern Ireland.
(6) 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.
(7) 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.
(8) In this section “the accountable person”—
(a) 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,
(b) in relation to the National Assembly for Wales or any Welsh
public authority, means the Assembly First Secretary, and
(c) in relation to any other public authority, means—
(i) a Minister of the Crown who is a member of the
Cabinet, or
(ii) the Attorney General, the Advocate General for
Scotland or the Attorney General for Northern Ireland.
(9) In this section “working day” has the same meaning as in section
10.
54.—(1) If a public authority has failed to comply with—
Failure to comply
with notice. (a) so much of a decision notice as requires steps to be taken,
(b) an information notice, or
(c) an enforcement notice,
the Commissioner may certify in writing to the court that the public
authority has failed to comply with that notice.
(2) For the purposes of this section, a public authority which, in
purported compliance with an information notice—
(a) makes a statement which it knows to be false in a material
respect, or
(b) recklessly makes a statement which is false in a material respect,
is to be taken to have failed to comply with the notice.

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(3) 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 o ﬀered in defence, deal with the
authority as if it had committed a contempt of court.
(4) In this section “the court” means the High Court or, in Scotland,
the Court of Session.
55. Schedule 3 (powers of entry and inspection) has e ﬀect. Powers of entry
and inspection.
No action against56.—(1) This Act does not confer any right of action in civil
public authority.proceedings in respect of any failure to comply with any duty imposed by
or under this Act.
(2) Subsection (1) does not a ﬀect the powers of the Commissioner
under section 54.
Part V
Appeals
57.—(1) Where a decision notice has been served, the complainant or Appeal against
notices servedthe public authority may appeal to the Tribunal against the notice.
under Part IV.
(2) 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.
(3) In relation to a decision notice or enforcement notice which
relates—
(a) to information to which section 66 applies, and
(b) 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,
subsections (1) and (2) shall have e ﬀect as if the reference to the public
authority were a reference to the public authority or the responsible
authority.
58.—(1) If on an appeal under section 57 the Tribunal considers— Determination of
appeals.(a) that the notice against which the appeal is brought is not in
accordance with the law, or
(b) to the extent that the notice involved an exercise of discretion by
the Commissioner, that he ought to have exercised his discretion
diﬀerently,
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.
(2) On such an appeal, the Tribunal may review any ﬁnding of fact on
which the notice in question was based.
59. Any party to an appeal to the Tribunal under section 57 may appeal Appeals from
decision offrom the decision of the Tribunal on a point of law to the appropriate
Tribunal.court; and that court shall be—

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Part V
(a) the High Court of Justice in England if the address of the public
authority is in England or Wales,
(b) the Court of Session if that address is in Scotland, and
(c) the High Court of Justice in Northern Ireland if that address is
in Northern Ireland.
60.—(1) Where a certiﬁcate under section 23(2) or 24(3) has been
Appeals against
national security issued—
certiﬁcate. (a) the Commissioner, or
(b) any applicant whose request for information is a ﬀected by the
issue of the certiﬁcate,
may appeal to the Tribunal against the certiﬁcate.
(2) 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.
(3) 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.
(4) 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.
(5) On any appeal under subsection (4), the Tribunal may determine
that the certiﬁcate does not so apply.
61.—(1) Schedule 4 (which contains amendments of Schedule 6 to the
Appeal
proceedings. Data Protection Act 1998 relating to appeal proceedings) has e ﬀect.
1998 c. 29.
(2) Accordingly, the provisions of Schedule 6 to the Data Protection
Act 1998 have e ﬀect (so far as applicable) in relation to appeals under
this Part.
Part VI
Historical records and records inPublicRecord Office or
PublicRecord Office ofNorthern Ireland
62.—(1) For the purposes of this Part, a record becomes a “historicalInterpretation of
Part VI. record” at the end of the period of thirty years beginning with the year
following that in which it was created.
(2) Where records created at di ﬀerent 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.
(3) In this Part “year” means a calendar year.

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Part VI
Removal of63.—(1) Information contained in a historical record cannot be exempt
exemptions:information by virtue of section 28, 30(1), 32, 33, 35, 36, 37(1)(a), 42 or 43.
historical records
(2) Compliance with section 1(1)(a) in relation to a historical record is generally.
not to be taken to be capable of having any of the e ﬀects referred to in
section 28(3), 33(3), 36(3), 42(2) or 43(3).
(3) Information cannot be exempt information by virtue of section
37(1)(b) after the end of the period of sixty years beginning with the year
following that in which the record containing the information was
created.
(4) Information cannot be exempt information by virtue of section 31
after the end of the period of one hundred years beginning with the year
following that in which the record containing the information was
created.
(5) Compliance with section 1(1)(a) in relation to any record is not to
be taken, at any time after the end of the period of one hundred years
beginning with the year following that in which the record was created,
to be capable of prejudicing any of the matters referred to in section 31(1).
64.—(1) Information contained in a historical record in the Public
Removal of
exemptions:Record Oﬃ ce or the Public Record O ﬃ ce of Northern Ireland cannot be
historical recordsexempt information by virtue of section 21 or 22. in public record
oﬃ ces.(2) In relation to any information falling within section 23(1) which is
contained in a historical record in the Public Record O ﬃ ce or the Public
Record Oﬃ ce of Northern Ireland, section 2(3) shall have e ﬀect with the
omission of the reference to section 23.
65.—(1) Before refusing a request for information relating to Decisions as to
refusal ofinformation which is contained in a historical record and is exempt
discretionaryinformation only by virtue of a provision not speciﬁed in section 2(3), a disclosure ofpublic authority shall— historical records.
(a) if the historical record is a public record within the meaning of
the Public Records Act 1958, consult the Lord Chancellor, or 1958 c. 51.
(b) if the historical record is a public record to which the Public
Records Act (Northern Ireland) 1923 applies, consult the 1923 c. 20 (N.I.).
appropriate Northern Ireland Minister.
(2) This section does not apply to information to which section 66
applies.
66.—(1) This section applies to any information which is (or, if it Decisions relating
to certainexisted, would be) contained in a transferred public record, other than
transferred publicinformation which the responsible authority has designated as open records.information for the purposes of this section.
(2) Before determining whether—
(a) information to which this section applies falls within any
provision of Part II relating to the duty to conﬁrm or deny, or
(b) information to which this section applies is exempt information,
the appropriate records authority shall consult the responsible authority.
(3) 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

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Part VI
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.
(4) 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.
(5) 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—
(a) where the transferred public record is a public record within the
meaning of the Public Records Act 1958, the Lord1958 c. 51.
Chancellor, and
(b) where the transferred public record is a public record to which
the Public Records Act (Northern Ireland) 1923 applies, the1923 c. 20 (N.I.).
appropriate Northern Ireland Minister.
(6) 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—
(a) the duty imposed by section 15(3), and
(b) the imposition of any requirement to furnish information
relating to compliance with Part I in connection with the
information to which this section applies.
67. Schedule 5 (which amends the Public Records Act 1958 and theAmendments of
public records Public Records Act (Northern Ireland) 1923) has e ﬀect.
legislation.
Part VII
Amendments of Data ProtectionAct 1998
Amendments relating to personal information held by public authorities
68.—(1) Section 1 of the Data Protection Act 1998 (basic interpretativeExtension of
meaning of provisions) is amended in accordance with subsections (2) and (3).
“data”.
(2) In subsection (1)—1998 c. 29.
(a) in the deﬁnition of “data”, the word “or” at the end of paragraph
(c) is omitted and after paragraph (d) there is inserted “or
(e) is recorded information held by a public authority
and does not fall within any of paragraphs (a) to (d);”,
and
(b) after the deﬁnition of “processing” there is inserted—
““public authority” has the same meaning as in the Freedom of
Information Act 2000;”.
(3) After subsection (4) there is inserted—
“(5) In paragraph (e) of the deﬁnition of “data” in subsection (1),
the reference to information “held” by a public authority shall be
construed in accordance with section 3(2) of the Freedom of
Information Act 2000.

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(6) Where section 7 of the Freedom of Information Act 2000
prevents Parts I to V of that Act from applying to certain
information held by a public authority, that information is not to be
treated for the purposes of paragraph (e) of the deﬁnition of “data”
in subsection (1) as held by a public authority.”
(4) In section 56 of that Act (prohibition of requirement as to
production of certain records), after subsection (6) there is inserted—
“(6A) A record is not a relevant record to the extent that it relates,
or is to relate, only to personal data falling within paragraph (e) of
the deﬁnition of “data” in section 1(1).”
(5) In the Table in section 71 of that Act (index of deﬁned expressions)
after the entry relating to processing there is inserted—
“public authority section 1(1)”.
69.—(1) In section 7(1) of the Data Protection Act 1998 (right of access Right of access to
unstructuredto personal data), for “sections 8 and 9” there is substituted “sections 8,
personal data held9 and 9A”. by public
authorities.
(2) After section 9 of that Act there is inserted—
1998 c. 29.“Unstructured 9A.—(1) In this section “unstructured personal data”
personal data means any personal data falling within paragraph (e) ofheld by public the deﬁnition of “data” in section 1(1), other thanauthorities. information which is recorded as part of, or with the
intention that it should form part of, any set of
information relating to individuals to the extent that the
set is structured by reference to individuals or by reference
to criteria relating to individuals.
(2) A public authority is not obliged to comply with
subsection (1) of section 7 in relation to any unstructured
personal data unless the request under that section
contains a description of the data.
(3) Even if the data are described by the data subject in
his request, a public authority is not obliged to comply
with subsection (1) of section 7 in relation to unstructured
personal data if the authority estimates that the cost of
complying with the request so far as relating to those data
would exceed the appropriate limit.
(4) Subsection (3) does not exempt the public authority
from its obligation to comply with paragraph (a) of
section 7(1) in relation to the unstructured personal data
unless the estimated cost of complying with that
paragraph alone in relation to those data would exceed
the appropriate limit.
(5) In subsections (3) and (4) “the appropriate limit”
means such amount as may be prescribed by the Secretary
of State by regulations, and di ﬀerent amounts may be
prescribed in relation to di ﬀerent cases.
(6) Any estimate for the purposes of this section must
be made in accordance with regulations under section
12(5) of the Freedom of Information Act 2000.”

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Part VII
(3) 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)”.
70.—(1) After section 33 of the Data Protection Act 1998 there isExemptions
applicable to inserted—
certain manual
“Manual datadata held by 33A.—(1) Personal data falling within paragraph (e) of
held by publicpublic authorities. the deﬁnition of “data” in section 1(1) are exempt from—authorities.1998 c. 29. (a) the ﬁrst, second, third, ﬁfth, seventh and eighth
data protection principles,
(b) the sixth data protection principle except so far
as it relates to the rights conferred on data
subjects by sections 7 and 14,
(c) sections 10 to 12,
(d) section 13, except so far as it relates to damage
caused by a contravention of section 7 or of the
fourth data protection principle and to any
distress which is also su ﬀered by reason of that
contravention,
(e) Part III, and
(f) section 55.
(2) Personal data which fall within paragraph (e) of the
deﬁnition of “data” in section 1(1) and relate to
appointments or removals, pay, discipline,
superannuation or other personnel matters, in relation
to—
(a) service in any of the armed forces of the Crown,
(b) service in any o ﬃ ce or employment under the
Crown or under any public authority, or
(c) service in any o ﬃ ce or employment, or under any
contract for services, in respect of which power
to take action, or to determine or approve the
action taken, in such matters is vested in Her
Majesty, any Minister of the Crown, the
National Assembly for Wales, any Northern
Ireland Minister (within the meaning of the
Freedom of Information Act 2000) or any
public authority,
are also exempt from the remaining data protection
principles and the remaining provisions of Part II.”
(2) In section 55 of that Act (unlawful obtaining etc. of personal data)
in subsection (8) after “section 28” there is inserted “or 33A”.
(3) 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—
“14A.—(1) This paragraph applies to personal data which fall
within paragraph (e) of the deﬁnition of “data” in section 1(1) and
do not fall within paragraph 14(1)(a), but does not apply to eligible
manual data to which the exemption in paragraph 16 applies.

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(2) During the second transitional period, data to which this
paragraph applies are exempt from—
(a) the fourth data protection principle, and
(b) section 14(1) to (3).”
(4) In Schedule 13 to that Act (modiﬁcations of Act having e ﬀect
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”.
71. In section 16(1) of the Data Protection Act 1998 (the registrable
Particulars
registrable underparticulars), before the word “and” at the end of paragraph (f) there is
Part III of Datainserted— Protection Act
“(ﬀ) where the data controller is a public authority, a statement 1998.
of that fact,”. 1998 c. 29.
Availability under72. In section 34 of the Data Protection Act 1998 (information
Act disregardedavailable to the public by or under enactment), after the word
for purpose of“enactment” there is inserted “other than an enactment contained in the exemption.Freedom of Information Act 2000”.
Other amendments
73. Schedule 6 (which contains further amendments of the Data Further
amendments ofProtection Act 1998) has e ﬀect.
Data Protection
Act 1998.
Part VIII
Miscellaneous and supplemental
74.—(1) In this section “the Aarhus Convention” means the Power to make
provision relatingConvention on Access to Information, Public Participation in Decision-
to environmentalmaking and Access to Justice in Environmental Matters signed at Aarhus information.on 25th June 1998.
(2) 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.
(3) The Secretary of State may by regulations make such provision as
he considers appropriate—
(a) 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
(b) for the purpose of dealing with matters arising out of or related
to the implementation of those provisions or of any such
amendment.
(4) Regulations under subsection (3) may in particular—
(a) enable charges to be made for making information available in
accordance with the regulations,
(b) provide that any obligation imposed by the regulations in
relation to the disclosure of information is to have e ﬀect
notwithstanding any enactment or rule of law,
(c) make provision for the issue by the Secretary of State of a code
of practice,

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(d) provide for sections 47 and 48 to apply in relation to such a code
with such modiﬁcations as may be speciﬁed,
(e) 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
(f) contain such transitional or consequential provision (including
provision modifying any enactment) as the Secretary of State
considers appropriate.
(5) This section has e ﬀect subject to section 80.
75.—(1) If, with respect to any enactment which prohibits thePower to amend
or repeal disclosure of information held by a public authority, it appears to the
enactments Secretary of State that by virtue of section 44(1)(a) the enactment isprohibiting capable of preventing the disclosure of information under section 1, hedisclosure of may by order repeal or amend the enactment for the purpose of removinginformation.
or relaxing the prohibition.
(2) In subsection (1)—
“enactment” means—
(a) any enactment contained in an Act passed before or in
the same Session as this Act, or
(b) any enactment contained in Northern Ireland
legislation or subordinate legislation passed or made before
the passing of this Act;
“information” includes unrecorded information.
(3) An order under this section may do all or any of the following—
(a) make such modiﬁcations of enactments as, in the opinion of the
Secretary of State, are consequential upon, or incidental to, the
amendment or repeal of the enactment containing the
prohibition;
(b) contain such transitional provisions and savings as appear to the
Secretary of State to be appropriate;
(c) make di ﬀerent provision for di ﬀerent cases.
76.—(1) The Commissioner may disclose to a person speciﬁed in the
Disclosure of
information ﬁrst column of the Table below any information obtained by, or furnished
between to, the Commissioner under or for the purposes of this Act or the DataCommissioner Protection Act 1998 if it appears to the Commissioner that theand ombudsmen. information relates to a matter which could be the subject of an1998 c. 29. investigation by that person under the enactment speciﬁed in relation to
that person in the second column of that Table.

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Part VIII
TABLE
Ombudsman Enactment
The Parliamentary Commissioner for The Parliamentary
Administration. Commissioner Act 1967
(c. 13).
The Health Service Commissioner for The Health Service
England. Commissioners Act 1993
(c. 46).
The Health Service Commissioner for The Health Service
Wales. Commissioners Act 1993
(c. 46).
The Health Service Commissioner for The Health Service
Scotland. Commissioners Act 1993
(c. 46).
A Local Commissioner as deﬁned by Part III of the Local
section 23(3) of the Local Government Act 1974 (c.
Government Act 1974. 7).
The Commissioner for Local Part II of the Local
Administration in Scotland. Government (Scotland)
Act 1975 (c. 30).
The Scottish Parliamentary The Scotland Act 1998
Commissioner for Administration. (Transitory and
Transitional
Provisions)(Complaints of
Maladministration) Order
1999 (S.I. 1999/1351).
The Welsh Administration Schedule 9 to the
Ombudsman. Government of Wales Act
1998 (c. 38).
The Northern Ireland Commissioner The Commissioner for
for Complaints. Complaints (Northern
Ireland) Order 1996 (S.I.
1996/1297 (N.I. 7)).
The Assembly Ombudsman for The Ombudsman (Northern
Northern Ireland. Ireland) Order 1996 (S.I.
1996/1298 (N.I. 8)).
(2) 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 e ﬀect.
77.—(1) Where—
Oﬀence of altering
etc. records with(a) a request for information has been made to a public authority, intent to prevent
and disclosure.

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42 c. 36 Freedom of Information Act 2000
Part VIII
1988 c. 29. (b) under section 1 of this Act or section 7 of the Data Protection
Act 1998, the applicant would have been entitled (subject to
payment of any fee) to communication of any information in
accordance with that section,
any person to whom this subsection applies is guilty of an o ﬀence 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.
(2) Subsection (1) applies to the public authority and to any person
who is employed by, is an o ﬃ cer of, or is subject to the direction of, the
public authority.
(3) A person guilty of an o ﬀence under this section is liable on
summary conviction to a ﬁne not exceeding level 5 on the standard scale.
(4) No proceedings for an o ﬀence under this section shall be
instituted—
(a) in England or Wales, except by the Commissioner or by or with
the consent of the Director of Public Prosecutions;
(b) in Northern Ireland, except by the Commissioner or by or with
the consent of the Director of Public Prosecutions for Northern
Ireland.
78. Nothing in this Act is to be taken to limit the powers of a public
Saving for existing
powers. authority to disclose information held by it.
79. Where any information communicated by a public authority to aDefamation.
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.
80.—(1) No order may be made under section 4(1) or 5 in relation toScotland.
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.
(2) The bodies referred to in subsection (1) are—
(a) the Scottish Parliament,
(b) any part of the Scottish Administration,
(c) the Scottish Parliamentary Corporate Body, or
(d) any Scottish public authority with mixed functions or no
reserved functions (within the meaning of the Scotland Act
1998 c. 46.
1998).
81.—(1) For the purposes of this Act each government department is toApplication to
government be treated as a person separate from any other government department.
departments, etc.
(2) Subsection (1) does not enable—

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Part VIII
(a) 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
(b) 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.
(3) A government department 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.
(4) 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 as they apply to any other person.
82.—(1) Any power of the Secretary of State to make an order or
Orders and
regulations.regulations under this Act shall be exercisable by statutory instrument.
(2) A statutory instrument containing (whether alone or with other
provisions)—
(a) an order under section 5, 7(3) or (8), 53(1)(a)(iii) or 75, or
(b) regulations under section 10(4) or 74(3),
shall not be made unless a draft of the instrument has been laid before,
and approved by a resolution of, each House of Parliament.
(3) A statutory instrument which contains (whether alone or with
other provisions)—
(a) an order under section 4(1), or
(b) regulations under any provision of this Act not speciﬁed in
subsection (2)(b),
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.
(4) An order under section 4(5) shall be laid before Parliament after
being made.
(5) 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.
83.—(1) In this Act “Welsh public authority” means—
Meaning of
“Welsh public(a) any public authority which is listed in Part II, III, IV or VI of authority”.Schedule 1 and whose functions are exercisable only or mainly
in or as regards Wales, other than an excluded authority, or
(b) any public authority which is an Assembly subsidiary as deﬁned
by section 99(4) of the Government of Wales Act 1998. 1998 c. 38.
(2) In paragraph (a) of subsection (1) “excluded authority” means a
public authority which is designated by the Secretary of State by order as
an excluded authority for the purposes of that paragraph.

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Part VIII
(3) Before making an order under subsection (2), the Secretary of State
shall consult the National Assembly for Wales.
84. In this Act, unless the context otherwise requires—Interpretation.
“applicant”, in relation to a request for information, means the
person who made the request;
“appropriate Northern Ireland Minister” means the Northern
Ireland Minister in charge of the Department of Culture, Arts
and Leisure in Northern Ireland;
“appropriate records authority”, in relation to a transferred public
record, has the meaning given by section 15(5);
“body” includes an unincorporated association;
“the Commissioner” means the Information Commissioner;
“decision notice” has the meaning given by section 50;
“the duty to conﬁrm or deny” has the meaning given by section 1(6);
“enactment” includes an enactment contained in Northern Ireland
legislation;
“enforcement notice” has the meaning given by section 52;
“executive committee”, in relation to the National Assembly for
Wales, has the same meaning as in the Government of Wales
1998 c. 38.
Act 1998;
“exempt information” means information which is exempt
information by virtue of any provision of Part II;
“fees notice” has the meaning given by section 9(1);
“government department” includes a Northern Ireland department,
the Northern Ireland Court Service and any other body or
authority exercising statutory functions on behalf of the Crown,
but does not include—
(a) any of the bodies speciﬁed in section 80(2),
(b) the Security Service, the Secret Intelligence Service or
the Government Communications Headquarters, or
(c) the National Assembly for Wales;
“information” (subject to sections 51(8) and 75(2)) means
information recorded in any form;
“information notice” has the meaning given by section 51;
“Minister of the Crown” has the same meaning as in the Ministers
of the Crown Act 1975;
1975 c. 26.
“Northern Ireland Minister” includes the First Minister and deputy
First Minister in Northern Ireland;
“Northern Ireland public authority” means any public authority,
other than the Northern Ireland Assembly or a Northern
Ireland department, whose functions are exercisable only or
mainly in or as regards Northern Ireland and relate only or
mainly to transferred matters;
“prescribed” means prescribed by regulations made by the Secretary
of State;
“public authority” has the meaning given by section 3(1);

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Part VIII
“public record” means a public record within the meaning of the
Public Records Act 1958 or a public record to which the Public 1958 c. 51.
Records Act (Northern Ireland) 1923 applies; 1923 c. 20 (N.I.).
“publication scheme” has the meaning given by section 19;
“request for information” has the meaning given by section 8;
“responsible authority”, in relation to a transferred public record,
has the meaning given by section 15(5);
“the special forces” means those units of the armed forces of the
Crown the maintenance of whose capabilities is the
responsibility of the Director of Special Forces or which are for
the time being subject to the operational command of that
Director;
“subordinate legislation” has the meaning given by subsection (1) of
section 21 of the Interpretation Act 1978, except that the 1978 c. 30.
deﬁnition of that term in that subsection shall have e ﬀect as if
“Act” included Northern Ireland legislation;
“transferred matter”, in relation to Northern Ireland, has the
meaning given by section 4(1) of the Northern Ireland Act 1998; 1998 c. 47.
“transferred public record” has the meaning given by section 15(4);
“the Tribunal” means the Information Tribunal;
“Welsh public authority” has the meaning given by section 83.
85. There shall be paid out of money provided by Parliament— Expenses.
(a) 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,
(b) any administrative expenses of the Secretary of State
attributable to this Act,
(c) 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
(d) any increase attributable to this Act in the sums which under any
other Act are payable out of money so provided.
86. Schedule 8 (repeals) has e ﬀect. Repeals.
87.—(1) The following provisions of this Act shall come into force on Commencement.
the day on which this Act is passed—
(a) sections 3 to 8 and Schedule 1,
(b) section 19 so far as relating to the approval of publication
schemes,
(c) section 20 so far as relating to the approval and preparation by
the Commissioner of model publication schemes,
(d) section 47(2) to (6),
(e) section 49,
(f) section 74,
(g) section 75,
(h) sections 78 to 85 and this section,

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Part VIII
(i) paragraphs 2 and 17 to 22 of Schedule 2 (and section 18(4) so far
as relating to those paragraphs),
(j) paragraph 4 of Schedule 5 (and section 67 so far as relating to that
paragraph),
(k) paragraph 8 of Schedule 6 (and section 73 so far as relating to
that paragraph),
(l) Part I of Schedule 8 (and section 86 so far as relating to that
Part), and
(m) so much of any other provision of this Act as confers power to
make any order, regulations or code of practice.
(2) 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—
(a) section 18(1),
(b) section 76 and Schedule 7,
(c) 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
(d) Part II of Schedule 8 (and section 86 so far as relating to that
Part).
(3) 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 di ﬀerent days may be
appointed for di ﬀerent purposes.
(4) 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.
(5) 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—
(a) prepare a report on his proposals for bringing fully into force
those provisions of this Act which are not yet fully in force, and
(b) lay a copy of the report before each House of Parliament.
88.—(1) This Act may be cited as the Freedom of Information Act
Short title and
extent. 2000.
(2) Subject to subsection (3), this Act extends to Northern Ireland.
(3) The amendment or repeal of any enactment by this Act has the
same extent as that enactment.

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SCHEDULES
SCHEDULE 1 Section 3(1)(a)(i).
Public authorities
Part I
General
1. Any government department.
2. The House of Commons.
3. The House of Lords.
4. The Northern Ireland Assembly.
5. The National Assembly for Wales.
6. The armed forces of the Crown, except—
(a) the special forces, and
(b) any unit or part of a unit which is for the time being required by the
Secretary of State to assist the Government Communications
Headquarters in the exercise of its functions.
Part II
Local government
England and Wales
7. A local authority within the meaning of the Local Government Act 1972,
1972 c. 70.
namely—
(a) in England, a county council, a London borough council, a district
council or a parish council,
(b) in Wales, a county council, a county borough council or a community
council.
8. The Greater London Authority.
9. The Common Council of the City of London, in respect of information held
in its capacity as a local authority, police authority or port health authority.
10. The Sub-Treasurer of the Inner Temple or the Under-Treasurer of the
Middle Temple, in respect of information held in his capacity as a local authority.
11. The Council of the Isles of Scilly.
12. A parish meeting constituted under section 13 of the Local Government
Act 1972.
13. Any charter trustees constituted under section 246 of the Local
Government Act 1972.
14. A ﬁre authority constituted by a combination scheme under section 5 or 6
of the Fire Services Act 1947.
1947 c. 41.

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15. A waste disposal authority established by virtue of an order under section
10(1) of the Local Government Act 1985.1985 c. 51.
16. A port health authority constituted by an order under section 2 of the
Public Health (Control of Disease) Act 1984.1984 c. 22.
17. A licensing planning committee constituted under section 119 of the
Licensing Act 1964.1964 c. 26.
18. An internal drainage board which is continued in being by virtue of section
1 of the Land Drainage Act 1991.1991 c. 59.
19. A joint authority established under Part IV of the Local Government Act
1985 (ﬁre services, civil defence and transport).
20. The London Fire and Emergency Planning Authority.
21. A joint ﬁre authority established by virtue of an order under section 42(2)
of the Local Government Act 1985 (reorganisation of functions).
22. 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.).
23. A body corporate established pursuant to an order under section 22 of the
Local Government Act 1992 (residuary bodies).
1992 c. 19.
24. The Broads Authority established by section 1 of the Norfolk and Su ﬀolk1988 c. 4.
Broads Act 1988.
25. A joint committee constituted in accordance with section 102(1)(b) of the
Local Government Act 1972.1972 c. 70.
26. A joint board which is continued in being by virtue of section 263(1) of the
Local Government Act 1972.
27. A joint authority established under section 21 of the Local Government
Act 1992.
28. A Passenger Transport Executive for a passenger transport area within the
meaning of Part II of the Transport Act 1968.1968 c. 73.
29. Transport for London.
30. The London Transport Users Committee.
31. A joint board the constituent members of which consist of any of the public
authorities described in paragraphs 8, 9, 10, 12, 15, 16, 20 to 31, 57 and 58.
32. A National Park authority established by an order under section 63 of the
Environment Act 1995.1995 c. 25.
33. 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 Act1990 c. 8.
1990.

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1997 c. 25.34. A magistrates’ court committee established under section 27 of the Justices
of the Peace Act 1997.
35. The London Development Agency.
Northern Ireland
36. A district council within the meaning of the Local Government Act 1972 c. 9 (N.I.).
(Northern Ireland) 1972.
Part III
The NationalHealthService
England and Wales
37. A Health Authority established under section 8 of the National Health 1977 c. 49.
Service Act 1977.
38. A special health authority established under section 11 of the National
Health Service Act 1977.
39. A primary care trust established under section 16A of the National Health
Service Act 1977.
40. A National Health Service trust established under section 5 of the National 1990 c. 19.
Health Service and Community Care Act 1990.
41. A Community Health Council established under section 20 of the National
Health Service Act 1977.
42. The Dental Practice Board constituted under regulations made under
section 37 of the National Health Service Act 1977.
43. The Public Health Laboratory Service Board constituted under Schedule
3 to the National Health Service Act 1977.
44. Any person providing general medical services, general dental services,
general ophthalmic services or pharmaceutical services under Part II of the
National Health Service Act 1977, in respect of information relating to the
provision of those services.
45. 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.
Northern Ireland
46. A Health and Social Services Board established under Article 16 of the
Health and Personal Social Services (Northern Ireland) Order 1972.
S.I. 1972/1265
(N.I. 14).
47. A Health and Social Services Council established under Article 4 of the
Health and Personal Social Services (Northern Ireland) Order 1991. S.I. 1991/194 (N.I.
1).
48. A Health and Social Services Trust established under Article 10 of the
Health and Personal Social Services (Northern Ireland) Order 1991.
49. A special agency established under Article 3 of the Health and Personal S.I. 1990/247 (N.I.
3).Social Services (Special Agencies) (Northern Ireland) Order 1990.

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50. The Northern Ireland Central Services Agency for the Health and Social
Services established under Article 26 of the Health and Personal Social ServicesS.I. 1972/1265
(N.I. 14). (Northern Ireland) Order 1972.
51. Any person providing general 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.
Part IV
Maintained schools and other educational institutions
England and Wales
52. The governing body of a maintained school, within the meaning of the
School Standards and Framework Act 1998.
1998 c. 56.
53.—(1) The governing body of—
(a) an institution within the further education sector,
(b) a university receiving ﬁnancial support under section 65 of the Further1992 c. 13.
and Higher Education Act 1992,
(c) an institution conducted by a higher education corporation,
(d) a designated institution for the purposes of Part II of the Further and
Higher Education Act 1992 as deﬁned by section 72(3) of that Act, or
(e) any college, school, hall or other institution of a university which falls
within paragraph (b).
(2) In sub-paragraph (1)—
(a) “governing body” is to be interpreted in accordance with subsection (1)
of section 90 of the Further and Higher Education Act 1992 but
without regard to subsection (2) of that section,
(b) in paragraph (a), the reference to an institution within the further
education sector is to be construed in accordance with section 91(3) of
the Further and Higher Education Act 1992,
(c) in paragraph (c), “higher education corporation” has the meaning given
by section 90(1) of that Act, and
(d) in paragraph (e) “college” includes any institution in the nature of a
college.
Northern Ireland
54.—(1) The managers of—
(a) a controlled school, voluntary school or grant-maintained integrated
school within the meaning of Article 2(2) of the Education andS.I. 1986/594 (N.I.
3). Libraries (Northern Ireland) Order 1986, or
(b) a pupil referral unit as deﬁned by Article 87(1) of the Education
(Northern Ireland) Order 1998.S.I. 1998/1759
(N.I. 13). (2) In sub-paragraph (1) “managers” has the meaning given by Article 2(2) of
the Education and Libraries (Northern Ireland) Order 1986.
55.—(1) The governing body of—
(a) a university receiving ﬁnancial support under Article 30 of the
Education and Libraries (Northern Ireland) Order 1993,S.I. 1993/2810
(N.I. 12). (b) a college of education maintained in pursuance of arrangements under
Article 66(1) or in respect of which grants are paid under Article 66(2)
or (3) of the Education and Libraries (Northern Ireland) Order 1986, or

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S.I. 1997/1772(c) an institution of further education within the meaning of the Further
(N.I. 15).Education (Northern Ireland) Order 1997.
(2) In sub-paragraph (1) “governing body” has the meaning given by Article
30(3) of the Education and Libraries (Northern Ireland) Order 1993. S.I. 1993/2810
(N.I. 12).
56. 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.
Part V
Police
England and Wales
57. A police authority established under section 3 of the Police Act 1996. 1996 c. 16.
58. The Metropolitan Police Authority established under section 5B of the
Police Act 1996.
59. A chief o ﬃ cer of police of a police force in England or Wales.
Northern Ireland
60. The Police Authority for Northern Ireland.
61. The Chief Constable of the Royal Ulster Constabulary.
Miscellaneous
62. The British Transport Police.
63. The Ministry of Defence Police established by section 1 of the Ministry of 1987 c. 4.
Defence Police Act 1987.
64. Any person who—
(a) by virtue of any enactment has the function of nominating individuals
who may be appointed as special constables by justices of the peace,
and
(b) is not a public authority by virtue of any other provision of this Act,
in respect of information relating to the exercise by any person appointed on his
nomination of the functions of a special constable.
Part VI
Other public bodies and offices: general
The Adjudicator for the Inland Revenue and Customs and Excise.
The Administration of Radioactive Substances Advisory Committee.
The Advisory Board on Family Law.
The Advisory Board on Restricted Patients.
The Advisory Board on the Registration of Homoeopathic Products.
The Advisory Committee for Cleaner Coal Technology.
The Advisory Committee for Disabled People in Employment and
Training.
The Advisory Committee for the Public Lending Right.

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The Advisory Committee for Wales (in relation to the Environment
Agency).
The Advisory Committee on Advertising.
The Advisory Committee on Animal Feedingstu ﬀs.
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 Consumer Products and the Environment.
The Advisory Committee on Dangerous Pathogens.
The Advisory Committee on Distinction Awards.
An Advisory Committee on General Commissioners of Income Tax.
The Advisory Committee on the Government Art Collection
The Advisory Committee on Hazardous Substances.
The Advisory Committee on Historic Wreck Sites.
An Advisory Committee on Justices of the Peace in England and Wales.
The Advisory Committee on the Microbiological Safety of Food.
The Advisory Committee on NHS Drugs.
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 Pesticides.
The Advisory Committee on Releases to the Environment.
The Advisory Council on Libraries.
The Advisory Council on the Misuse of Drugs.
The Advisory Council on Public Records.
The Advisory Group on Hepatitis.
The Advisory Panel on Standards for the Planning Inspectorate.
The Aerospace Committee.
An Agricultural Dwelling House Advisory Committee.
An Agricultural Wages Board for England and Wales.
An Agricultural Wages Committee.
The Agriculture and Environment Biotechnology Commission.
The Airborne Particles Expert Group.
The Alcohol Education and Research Council.
The Ancient Monuments Board for Wales.
The Animal Procedures Committee.
The Animal Welfare Advisory Committee.
The Apple and Pear Research Council.
The Armed Forces Pay Review Body.
The Arts Council of England.
The Arts Council of Wales.
The Audit Commission for Local Authorities and the National Health
Service in England and Wales.
The Auditor General for Wales.

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The Authorised Conveyancing Practitioners Board.
The Bank of England, in respect of information held for purposes other
than those of its functions with respect to—
(a) monetary policy,
(b) ﬁnancial operations intended to support ﬁnancial institutions
for the purposes of maintaining stability, and
(c) the provision of private banking services and related services.
The Better Regulation Task Force.
The Biotechnology and Biological Sciences Research Council.
Any Board of Visitors established under section 6(2) of the Prison Act 1952. 1952 c. 52.
The Britain-Russia Centre and East-West Centre.
The British Association for Central and Eastern Europe.
The British Broadcasting Corporation, in respect of information held for
purposes other than those of journalism, art or literature.
The British Coal Corporation.
The British Council.
The British Educational Communications and Technology Agency.
The British Hallmarking Council.
The British Library.
The British Museum.
The British Pharmacopoeia Commission.
The British Potato Council.
The British Railways Board.
British Shipbuilders.
The British Tourist Authority.
The British Waterways Board.
The British Wool Marketing Board.
The Broadcasting Standards Commission.
The Building Regulations Advisory Committee.
The Central Advisory Committee on War Pensions.
The Central Council for Education and Training in Social Work (UK).
The Central Rail Users’ Consultative Committee.
The Channel Four Television Corporation, in respect of information held
for purposes other than those of journalism, art or literature.
The Children and Family Court Advisory and Support Service.
The Civil Aviation Authority.
The Civil Justice Council.
The Civil Procedure Rule Committee.
The Civil Service Appeal Board.
The Civil Service Commissioners.
The Coal Authority.
The Commission for Architecture and the Built Environment.
The Commission for Health Improvement.
The Commission for Local Administration in England.
The Commission for Local Administration in Wales.
The Commission for Racial Equality.

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The Commission for the New Towns.
The Commissioner for Integrated Transport.
The Commissioner for Public Appointments.
The Committee for Monitoring Agreements on Tobacco Advertising and
Sponsorship.
The Committee of Investigation for Great Britain.
The Committee on Agricultural Valuation.
The Committee on Carcinogenicity of Chemicals in Food, Consumer
Products and the Environment.
The Committee on Chemicals and Materials of Construction For Use in
Public Water Supply and Swimming Pools.
The Committee on Medical Aspects of Food and Nutrition Policy.
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 on Standards in Public Life.
The Committee on Toxicity of Chemicals in Food, Consumer Products and
the Environment.
The Committee on the Medical E ﬀects of Air Pollutants.
The Committee on the Safety of Medicines.
The Commonwealth Scholarship Commission in the United Kingdom.
The Community Development Foundation.
The Competition Commission, in relation to information held by it
otherwise than as a tribunal.
The Construction Industry Training Board.
Consumer Communications for England.
The Consumer Panel.
The consumers’ committee for Great Britain appointed under section 19 of
the Agricultural Marketing Act 1958.
1958 c. 47.
The Council for Professions Supplementary to Medicine.
The Council for the Central Laboratory of the Research Councils.
The Council for Science and Technology.
The Council on Tribunals.
The Countryside Agency.
The Countryside Council for Wales.
The Covent Garden Market Authority.
The Criminal Cases Review Commission.
The Criminal Justice Consultative Council.
The Crown Court Rule Committee.
The Dartmoor Steering Group and Working Party.
The Darwin Advisory Committee.
The Defence Nuclear Safety Committee.
The Defence Scientiﬁc Advisory Council.
The Design Council.
The Development Awareness Working Group.
The Diplomatic Service Appeal Board.
The Disability Living Allowance Advisory Board.

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The Disability Rights Commission.
The Disabled Persons Transport Advisory Committee.
The Economic and Social Research Council.
The Education Transfer Council.
The Energy Advisory Panel.
The Engineering Construction Industry Training Board.
The Engineering and Physical Sciences Research Council.
The English National Board for Nursing, Midwifery and Health Visiting.
English Nature.
The English Sports Council.
The English Tourist Board.
The Environment Agency.
The Equal Opportunities Commission.
The Expert Advisory Group on AIDS.
The Expert Group on Cryptosporidium in Water Supplies.
An Expert Panel on Air Quality Standards.
The Export Guarantees Advisory Council.
The Family Proceedings Rules Committee.
The Farm Animal Welfare Council.
The Fire Services Examination Board.
The Firearms Consultative Committee.
The Food Advisory Committee.
Food from Britain.
The Football Licensing Authority.
The Fuel Cell Advisory Panel.
The Further Education Funding Council for Wales.
The Gaming Board for Great Britain.
The Gas Consumers’ Council.
The Gene Therapy Advisory Committee.
The General Chiropractic Council.
The General Dental Council.
The General Medical Council.
The General Osteopathic Council.
The Genetic Testing and Insurance Committee.
The Government Hospitality Advisory Committee for the Purchase of
Wine.
The Government Chemist.
The Great Britain-China Centre.
The Health and Safety Commission.
The Health and Safety Executive.
The Health Service Commissioner for England.
The Health Service Commissioner for Wales.
Her Majesty’s Chief Inspector of Schools in Wales.
The Higher Education Funding Council for England.
The Higher Education Funding Council for Wales.

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The Hill Farming Advisory Committee.
The Hill Farming Advisory Sub-committee for Wales.
The Historic Buildings Council for Wales.
The Historic Buildings and Monuments Commission for England.
The Historic Royal Palaces Trust.
The Home-Grown Cereals Authority.
The Honorary Investment Advisory Committee.
The Horserace Betting Levy Board.
The Horserace Totalisator Board.
The Horticultural Development Council.
Horticulture Research International.
The House of Lords Appointments Commission.
Any housing action trust established under Part III of the Housing Act1988 c. 50.
1988.
The Housing Corporation.
The Human Fertilisation and Embryology Authority.
The Human Genetics Commission.
The Immigration Services Commissioner.
The Imperial War Museum.
The Independent Board of Visitors for Military Corrective Training
Centres.
The Independent Case Examiner for the Child Support Agency.
The Independent Living Funds.
The Independent Television Commission.
The Indian Family Pensions Funds Body of Commissioners.
The Industrial Development Advisory Board.
The Industrial Injuries Advisory Council.
The Information Commissioner.
The Inland Waterways Amenity Advisory Council.
The Insolvency Rules Committee.
The Insurance Brokers Registration Council.
Investors in People UK.
The Joint Committee on Vaccination and Immunisation.
The Joint Nature Conservation Committee.
The Joint Prison/Probation Accreditation Panel.
The Judicial Studies Board.
The Know-How Fund Advisory Board.
The Land Registration Rule Committee.
The Law Commission.
The Legal Services Commission.
The Legal Services Consultative Panel.
The Legal Services Ombudsman.
The Library and Information Services Council (Wales).
The Local Government Boundary Commission for Wales.
The Local Government Commission for England.

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A local probation board established under section 4 of the Criminal Justice
and Court Services Act 2000. 2000 c. 42.
The London Pensions Fund Authority.
The Low Pay Commission.
The Magistrates’ Courts Rules Committee.
The Marshall Aid Commemoration Commission.
The Measurement Advisory Committee.
The Meat and Livestock Commission.
The Medical Practices Committee.
The Medical Research Council.
The Medical Workforce Standing Advisory Committee.
The Medicines Commission.
The Milk Development Council.
The Millennium Commission.
The Museum of London.
The National Army Museum.
The National Audit O ﬃ ce.
The National Biological Standards Board (UK).
The National Consumer Council.
The National Crime Squad.
The National Employers’ Liaison Committee.
The National Endowment for Science, Technology and the Arts.
The National Expert Group on Transboundary Air Pollution.
The National Gallery.
The National Heritage Memorial Fund.
The National Library of Wales.
The National Lottery Charities Board.
The National Lottery Commission.
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 Portrait Gallery.
The National Radiological Protection Board.
The Natural Environment Research Council.
The Natural History Museum.
The New Deal Task Force.
The New Opportunities Fund.
The Occupational Pensions Regulatory Authority.
The Oil and Pipelines Agency.
The OSO Board.
The Overseas Service Pensions Scheme Advisory Board.
The Panel on Standards for the Planning Inspectorate.
The Parliamentary Boundary Commission for England.
The Parliamentary Boundary Commission for Scotland.

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The Parliamentary Boundary Commission for Wales.
The Parliamentary Commissioner for Administration.
The Parole Board.
The Particle Physics and Astronomy Research Council.
The Pensions Compensation Board.
The Pensions Ombudsman.
The Pharmacists’ Review Panel.
The Place Names Advisory Committee.
The Poisons Board.
The Police Complaints Authority.
The Police Information Technology Organisation.
The Police Negotiating Board.
The Political Honours Scrutiny Committee.
The Post O ﬃ ce.
The Post Oﬃ ce Users’ Councils for Scotland, Wales and Northern Ireland.
The Post O ﬃ ce Users’ National Council.
The Property Advisory Group.
The Qualiﬁcations, Curriculum and Assessment Authority for Wales.
The Qualiﬁcations Curriculum Authority.
The Race Education and Employment Forum.
The Race Relations Forum.
The Radio Authority.
The Radioactive Waste Management Advisory Committee.
A Regional Cultural Consortium.
Any regional development agency established under the Regional
Development Agencies Act 1998, other than the London
1998 c. 45.
Development Agency.
Any regional ﬂood defence committee.
The Registrar of Occupational and Personal Pension Schemes.
The Registrar of Public Lending Right.
Remploy Ltd.
The Renewable Energy Advisory Committee.
Resource: The Council for Museums, Archives and Libraries.
The Review Board for Government Contracts.
The Review Body for Nursing Sta ﬀ, Midwives, Health Visitors and
Professions Allied to Medicine.
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 Commission on Ancient and Historical Monuments of Wales.
The Royal Commission on Environmental Pollution.
The Royal Commission on Historical Manuscripts.
The Royal Military College of Science Advisory Council.

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The Royal Mint Advisory Committee on the Design of Coins, Medals, Seals
and Decorations.
The School Teachers’ Review Body.
The Scientiﬁc Committee on Tobacco and Health.
The Scottish Advisory Committee on Telecommunications.
The Scottish Committee of the Council on Tribunals.
The Sea Fish Industry Authority.
The Senior Salaries Review Body.
The Sentencing Advisory Panel.
The Service Authority for the National Crime Squad.
Sianel Pedwar Cymru, in respect of information held for purposes other
than those of journalism, art or literature.
Sir John Soane’s Museum.
The Skills Task Force.
The social fund Commissioner appointed under section 65 of the Social 1992 c. 5.
Security Administration Act 1992.
The Social Security Advisory Committee.
The Social Services Inspectorate for Wales Advisory Group.
The Spongiform Encephalopathy Advisory Committee.
The Sports Council for Wales.
The Standing Advisory Committee on Industrial Property.
The Standing Advisory Committee on Trunk Road Assessment.
The Standing Dental Advisory Committee.
The Standing Nursing and Midwifery Advisory Committee.
The Standing Medical Advisory Committee.
The Standing Pharmaceutical Advisory Committee.
The Steering Committee on Pharmacy Postgraduate Education.
The subsidence adviser appointed under section 46 of the Coal Industry 1994 c. 21.
Act 1994.
The Substance Misuse Advisory Panel.
The Sustainable Development Commission.
The Sustainable Development Education Panel.
The Tate Gallery.
The Teacher Training Agency.
The Theatres Trust.
The Tra ﬃ c Commissioners, in respect of information held by them
otherwise than as a tribunal.
The Treasure Valuation Committee.
The UK Advisory Panel for Health Care Workers Infected with
Bloodborne Viruses.
The UK Sports Council.
The United Kingdom Atomic Energy Authority.
The United Kingdom Central Council for Nursing, Midwifery and Health
Visiting.
The United Kingdom Register of Organic Food Standards.
The United Kingdom Xenotransplantation Interim Regulatory Authority.
The Unlinked Anonymous Serosurveys Steering Group.

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The Unrelated Live Transplant Regulatory Authority.
The Urban Regeneration Agency.
The Veterinary Products Committee.
The Victoria and Albert Museum.
The Wales New Deal Advisory Task Force.
The Wales Tourist Board.
The Wallace Collection.
The War Pensions Committees.
The Water Regulations Advisory Committee.
The Welsh Administration Ombudsman.
The Welsh Advisory Committee on Telecommunications.
The Welsh Committee for Professional Development of Pharmacy.
The Welsh Dental Committee.
The Welsh Development Agency.
The Welsh Industrial Development Advisory Board.
The Welsh Language Board.
The Welsh Medical Committee.
The Welsh National Board for Nursing, Midwifery and Health Visiting.
The Welsh Nursing and Midwifery Committee.
The Welsh Optometric Committee.
The Welsh Pharmaceutical Committee.
The Welsh Scientiﬁc Advisory Committee.
The Westminster Foundation for Democracy.
The Wilton Park Academic Council.
The Wine Standards Board of the Vintners’ Company.
The Women’s National Commission.
The Youth Justice Board for England and Wales.
The Zoos Forum.
Part VII
Other public bodies and offices:N orthern Ireland
An Advisory Committee on General Commissioners of Income Tax
(Northern Ireland).
The Advisory Committee on Justices of the Peace in Northern Ireland.
The Advisory Committee on Juvenile Court Lay Panel (Northern Ireland).
The Advisory Committee on Pesticides for Northern Ireland.
The Agricultural Research Institute of Northern Ireland.
The Agricultural Wages Board for Northern Ireland.
The Arts Council of Northern Ireland.
The Assembly Ombudsman for Northern Ireland.
The Board of Trustees of National Museums and Galleries of Northern
Ireland.
Boards of Visitors and Visiting Committees.
The Boundary Commission for Northern Ireland.
The Charities Advisory Committee.
The Chief Electoral O ﬃ cer for Northern Ireland.

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The Civil Service Commissioners for Northern Ireland.
The Commissioner for Public Appointments for Northern Ireland.
The Construction Industry Training Board.
The consultative Civic Forum referred to in section 56(4) of the Northern 1998 c. 47.
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 Disability Living Allowance Advisory Board for Northern Ireland.
The Distinction and Meritorious Service Awards Committee.
The Drainage Council for Northern Ireland.
An Education and Library Board established under Article 3 of the
Education and Libraries (Northern Ireland) Order 1986. S.I. 1986/594 (N.I.
3).Enterprise Ulster.
The Equality Commission for Northern Ireland.
The Family Proceedings Rules Committee (Northern Ireland).
The Fire Authority for Northern Ireland.
The Fisheries Conservancy Board for Northern Ireland.
The General Consumer Council for Northern Ireland.
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 Reviewer of the Northern Ireland (Emergency
Provisions) Act.
The Independent Commissioner for Holding Centres.
The Industrial Development Board for Northern Ireland.
The Industrial Research and Technology Unit.
The Juvenile Justice Board.
The Labour Relations Agency.
The Laganside Corporation.
The Law Reform Advisory Committee for Northern Ireland.
The Lay Observer for Northern Ireland.
The Legal Aid Advisory Committee (Northern Ireland).
The Livestock & Meat Commission for Northern Ireland.
The Local Enterprise Development Unit.
The Local Government Sta ﬀ Commission.
The Magistrates’ Courts Rules Committee (Northern Ireland).
The Mental Health Commission for Northern Ireland.
The Northern Ireland Advisory Committee on Telecommunications.
The Northern Ireland Audit O ﬃ ce.
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.

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The Northern Ireland Consumer Committee for Electricity.
The Northern Ireland Council for the Curriculum, Examinations and
Assessment.
The Northern Ireland Council for Postgraduate Medical and Dental
Education.
The Northern Ireland Crown Court Rules Committee.
The Northern Ireland Economic Council.
The Northern Ireland Fishery Harbour Authority.
The Northern Ireland Higher Education Council.
The Northern Ireland Housing Executive.
The Northern Ireland Human Rights Commission.
The Northern Ireland Insolvency Rules Committee.
The Northern Ireland Local Government O ﬃ cers’ Superannuation
Committee.
The Northern Ireland Museums Council.
The Northern Ireland Pig Production Development Committee.
The Northern Ireland Supreme Court Rules Committee.
The Northern Ireland Tourist Board.
The Northern Ireland Transport Holding Company.
The Northern Ireland Water Council.
The Parades Commission.
The Police Ombudsman for Northern Ireland.
The Probation Board for Northern Ireland.
The Rural Development Council for Northern Ireland.
The Sentence Review Commissioners appointed under section 1 of the
Northern Ireland (Sentences) Act 1998.1998 c. 35.
S.I. 1998/1506 The social fund Commissioner appointed under Article 37 of the Social
(N.I.10). Security (Northern Ireland) Order 1998.
The Sports Council for Northern Ireland.
The Staﬀ Commission for Education and Library Boards.
The Statistics Advisory Committee.
The Statute Law Committee for Northern Ireland.
The Training and Employment Agency.
Ulster Supported Employment Ltd.
The Youth Council for Northern Ireland.
SCHEDULE 2Section 18(4).
The Commissioner and theTribunal
Part I
Provision consequential on s. 18(1) and (2)
General
1.—(1) Any reference in any enactment, instrument or document to the Data
Protection Commissioner or the Data Protection Registrar shall be construed, in
relation to any time after the commencement of section 18(1), as a reference to
the Information Commissioner.

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(2) Any reference in any enactment, instrument or document to the Data
Protection Tribunal shall be construed, in relation to any time after the
commencement of section 18(2), as a reference to the Information Tribunal.
2.—(1) Any reference in this Act or in any instrument under this Act to the
Commissioner shall be construed, in relation to any time before the
commencement of section 18(1), as a reference to the Data Protection
Commissioner.
(2) Any reference in this Act or in any instrument under this Act to the
Tribunal shall be construed, in relation to any time before the commencement of
section 18(2), as a reference to the Data Protection Tribunal.
Public Records Act 1958 (c. 51)
3.—(1) In Part II of the Table in paragraph 3 of Schedule 1 to the Public
Records Act 1958 (deﬁnition of public records), the entry relating to the Data
Protection Commissioner is omitted and there is inserted at the appropriate
place—
“Information Commissioner.”
(2) In paragraph 4(1) of that Schedule, for paragraph (nn) there is
substituted—
“(nn) records of the Information Tribunal;”.
Parliamentary Commissioner Act 1967 (c. 13)
4. In Schedule 2 to the Parliamentary Commissioner Act 1967 (departments
etc. subject to investigation), the entry relating to the Data Protection
Commissioner is omitted and there is inserted at the appropriate place—
“Information Commissioner”.
5. In Schedule 4 to that Act (tribunals exercising administrative functions), for
the entry relating to the Data Protection Tribunal there is substituted—
“Information Tribunal constituted under section 6 of the Data Protection
Act 1998.”
Superannuation Act 1972 (c. 11)
6. In Schedule 1 to the Superannuation Act 1972 (employment with
superannuation scheme), for “Data Protection Commissioner” there is
substituted “Information Commissioner”.
Consumer Credit Act 1974 (c. 39)
7. In section 159 of the Consumer Credit Act 1974 (correction of wrong
information), in subsections (7) and (8)(b), for “Data Protection
Commissioner”, in both places where it occurs, there is substituted “Information
Commissioner”.
House of Commons Disqualiﬁcation Act 1975 (c. 24)
8.—(1) In Part II of Schedule 1 to the House of Commons Disqualiﬁcation Act
1975 (bodies whose members are disqualiﬁed), the entry relating to the Data
Protection Tribunal is omitted and there is inserted at the appropriate place—
“The Information Tribunal”.
(2) In Part III of that Schedule (disqualifying o ﬃ ces), the entry relating to the
Data Protection Commissioner is omitted and there is inserted at the
appropriate place—
“The Information Commissioner”.

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Northern Ireland Assembly Disqualiﬁcation Act 1975 (c. 25)
9.—(1) In Part II of Schedule 1 to the Northern Ireland Assembly
Disqualiﬁcation Act 1975 (bodies whose members are disqualiﬁed), the entry
relating to the Data Protection Tribunal is omitted and there is inserted at the
appropriate place—
“The Information Tribunal”.
(2) In Part III of that Schedule (disqualifying o ﬃ ces), the entry relating to the
Data Protection Commissioner is omitted and there is inserted at the
appropriate place—
“The Information Commissioner”.
Tribunals and Inquiries Act 1992 (c. 53)
10. In paragraph 14 of Part I of Schedule 1 to the Tribunals and Inquiries Act
1992 (tribunals under direct supervision of Council on Tribunals)—
(a) in sub-paragraph (a), for “The Data Protection Commissioner” there is
substituted “The Information Commissioner”, and
(b) for sub-paragraph (b) there is substituted—
“(b) the Information Tribunal constituted under that section, in
respect of its jurisdiction under—
(i) section 48 of that Act, and
(ii) section 57 of the Freedom of Information Act 2000.”
Judicial Pensions and Retirement Act 1993 (c. 8)
11. In Schedule 5 to the Judicial Pensions and Retirement Act 1993 (retirement
provisions: the relevant oﬃ ces), in the entry relating to the chairman and deputy
chairman of the Data Protection Tribunal, for “the Data Protection Tribunal”
there is substituted “the Information Tribunal”.
12. In Schedule 7 to that Act (retirement dates: transitional provisions), in
paragraph 5(5)(xxvi) for “the Data Protection Tribunal” there is substituted “the
Information Tribunal”.
Data Protection Act 1998 (c. 29)
13.—(1) Section 6 of the Data Protection Act 1998 (the Data Protection
Commissioner and the Data Protection Tribunal) is amended as follows.
(2) For subsection (1) there is substituted—
“(1) For the purposes of this Act and of the Freedom of Information
Act 2000 there shall be an oﬃ cer known as the Information Commissioner
(in this Act referred to as “the Commissioner”).”
(3) For subsection (3) there is substituted—
“(3) For the purposes of this Act and of the Freedom of Information
Act 2000 there shall be a tribunal known as the Information Tribunal (in
this Act referred to as “the Tribunal”).”
14. In section 70(1) of that Act (supplementary deﬁnitions)—
(a) in the deﬁnition of “the Commissioner”, for “the Data Protection
Commissioner” there is substituted “the Information
Commissioner”, and
(b) in the deﬁnition of “the Tribunal”, for “the Data Protection Tribunal”
there is substituted “the Information Tribunal”.

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15.—(1) Schedule 5 to that Act (the Data Protection Commissioner and the
Data Protection Tribunal) is amended as follows.
(2) In paragraph 1(1), for “Data Protection Commissioner” there is
substituted “Information Commissioner”.
(3) Part III shall cease to have e ﬀect.
Part II
Amendments relating to extension of functions ofCommissioner and
Tribunal
Interests represented by lay members of Tribunal
16. In section 6(6) of the Data Protection Act 1998 (lay members of 1998 c. 29.
Tribunal)—
(a) for the word “and” at the end of paragraph (a) there is substituted—
“(aa) persons to represent the interests of those who make requests
for information under the Freedom of Information Act 2000,”,
and
(b) after paragraph (b) there is inserted “and
(bb) persons to represent the interests of public authorities.”
Expenses incurred under this Act excluded in calculating fees
17. In section 26(2) of that Act (fees regulations), in paragraph (a)—
(a) after “functions” there is inserted “under this Act”, and
(b) after “Tribunal” there is inserted “so far as attributable to their
functions under this Act”.
Information provided to Commissioner or Tribunal
18. In section 58 of that Act (disclosure of information to Commissioner or
Tribunal), after “this Act” there is inserted “or the Freedom of Information
Act 2000”.
19.—(1) Section 59 of that Act (conﬁdentiality of information) is amended
as follows.
(2) In subsections (1) and (2), for “this Act”, wherever occurring, there is
substituted “the information Acts”.
(3) After subsection (3) there is inserted—
“(4) In this section “the information Acts” means this Act and the
Freedom of Information Act 2000.”
Deputy commissioners
20.—(1) Paragraph 4 of Schedule 5 to that Act (o ﬃ cers and sta ﬀ) is amended
as follows.
(2) In sub-paragraph (1)(a), after “a deputy commissioner” there is inserted
“or two deputy commissioners”.
(3) After sub-paragraph (1) there is inserted—
“(1A) The Commissioner shall, when appointing any second deputy
commissioner, specify which of the Commissioner’s functions are to be
performed, in the circumstances referred to in paragraph 5(1), by each of
the deputy commissioners.”

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Exercise of Commissioner’s functions by others
21.—(1) Paragraph 5 of Schedule 5 to that Act (exercise of functions of
Commissioner during vacancy etc.) is amended as follows.
(2) In sub-paragraph (1)—
(a) after “deputy commissioner” there is inserted “or deputy
commissioners”, and
(b) after “this Act” there is inserted “or the Freedom of Information Act
2000”.
(3) In sub-paragraph (2) after “this Act” there is inserted “or the Freedom of
Information Act 2000”.
Money
22. In paragraph 9(1) of Schedule 5 to that Act (money) for “or section 159 of
the Consumer Credit Act 1974” there is substituted “, under section 159 of the
Consumer Credit Act 1974 or under the Freedom of Information Act 2000”.
SCHEDULE 3Section 55.
Powers of entry and inspection
Issue of warrants
1.—(1) If a circuit judge is satisﬁed by information on oath supplied by the
Commissioner that there are reasonable grounds for suspecting—
(a) that a public authority has failed or is failing to comply with—
(i) any of the requirements of Part I of this Act,
(ii) so much of a decision notice as requires steps to be taken, or
(iii) an information notice or an enforcement notice, or
(b) that an o ﬀence under section 77 has been or is being committed,
and that evidence of such a failure to comply or of the commission of the o ﬀence
is to be found on any premises speciﬁed in the information, he may, subject to
paragraph 2, grant a warrant to the Commissioner.
(2) A warrant issued under sub-paragraph (1) shall authorise the
Commissioner or any of his o ﬃ cers or staﬀ at any time within seven days of the
date of the warrant—
(a) to enter and search the premises,
(b) to inspect and seize any documents or other material found there which
may be such evidence as is mentioned in that sub-paragraph, and
(c) to inspect, examine, operate and test any equipment found there in
which information held by the public authority may be recorded.
2.—(1) A judge shall not issue a warrant under this Schedule unless he is
satisﬁed—
(a) that the Commissioner has given seven days’ notice in writing to the
occupier of the premises in question demanding access to the
premises, and
(b) that either—
(i) access was demanded at a reasonable hour and was
unreasonably refused, or

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(ii) although entry to the premises was granted, the occupier
unreasonably refused to comply with a request by the Commissioner
or any of the Commissioner’s o ﬃ cers or sta ﬀ to permit the
Commissioner or the o ﬃ cer or member of sta ﬀ to do any of the
things referred to in paragraph 1(2), and
(c) that the occupier, has, after the refusal, been notiﬁed by the
Commissioner of the application for the warrant and has had an
opportunity of being heard by the judge on the question whether or not
it should be issued.
(2) Sub-paragraph (1) shall not apply if the judge is satisﬁed that the case is
one of urgency or that compliance with those provisions would defeat the object
of the entry.
3. A judge who issues a warrant under this Schedule shall also issue two copies
of it and certify them clearly as copies.
Execution of warrants
4. A person executing a warrant issued under this Schedule may use such
reasonable force as may be necessary.
5. 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.
6.—(1) If the premises in respect of which a warrant is issued under this
Schedule are occupied by a public authority and any o ﬃ cer 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 oﬃ cer or employee is present a copy
of the warrant shall be left in a prominent place on the premises.
(2) If the premises in respect of which a warrant is issued under this Schedule
are occupied by a person other than a public authority and he is present when
the warrant is executed, he shall be shown the warrant and supplied with a copy
of it; and if that person is not present a copy of the warrant shall be left in a
prominent place on the premises.
7.—(1) A person seizing anything in pursuance of a warrant under this
Schedule shall give a receipt for it if asked to do so.
(2) Anything so seized may be retained for so long as is necessary in all the
circumstances but the person in occupation of the premises in question shall be
given a copy of anything that is seized if he so requests and the person executing
the warrant considers that it can be done without undue delay.
Matters exempt from inspection and seizure
8. 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).
9.—(1) Subject to the provisions of this paragraph, the powers of inspection
and seizure conferred by a warrant issued under this Schedule shall not be
exercisable in respect of—
(a) any communication between a professional legal adviser and his client
in connection with the giving of legal advice to the client with respect
to his obligations, liabilities or rights under this Act, or

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(b) any communication between a professional legal adviser and his client,
or between such an adviser or his client and any other person, made in
connection with or in contemplation of proceedings under or arising
out of this Act (including proceedings before the Tribunal) and for the
purposes of such proceedings.
(2) Sub-paragraph (1) applies also to—
(a) any copy or other record of any such communication as is there
mentioned, and
(b) any document or article enclosed with or referred to in any such
communication if made in connection with the giving of any advice or,
as the case may be, in connection with or in contemplation of and for
the purposes of such proceedings as are there mentioned.
(3) This paragraph does not apply to anything in the possession of any person
other than the professional legal adviser or his client or to anything held with the
intention of furthering a criminal purpose.
(4) In this paragraph references to the client of a professional legal adviser
include references to any person representing such a client.
10. If the person in occupation of any premises in respect of which a warrant
is issued under this Schedule objects to the inspection or seizure under the
warrant of any material on the grounds that it consists partly of matters in
respect of which those powers are not exercisable, he shall, if the person executing
the warrant so requests, furnish that person with a copy of so much of the
material in relation to which the powers are exercisable.
Return of warrants
11. A warrant issued under this Schedule shall be returned to the court from
which it was issued—
(a) after being executed, or
(b) if not executed within the time authorised for its execution;
and the person by whom any such warrant is executed shall make an
endorsement on it stating what powers have been exercised by him under the
warrant.
Oﬀences
12. Any person who—
(a) intentionally obstructs a person in the execution of a warrant issued
under this Schedule, or
(b) fails without reasonable excuse to give any person executing such a
warrant such assistance as he may reasonably require for the execution
of the warrant,
is guilty of an o ﬀence.
Vessels, vehicles etc.
13. 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.

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Scotland and Northern Ireland
14. In the application of this Schedule to Scotland—
(a) for any reference to a circuit judge there is substituted a reference to the
sheriﬀ, and
(b) for any reference to information on oath there is substituted a reference
to evidence on oath.
15. In the application of this Schedule to Northern Ireland—
(a) for any reference to a circuit judge there is substituted a reference to a
county court judge, and
(b) for any reference to information on oath there is substituted a reference
to a complaint on oath.
SCHEDULE 4 Section 61(1).
Appeal proceedings: amendments of Schedule 6 to Data ProtectionAct
1998
Constitution of Tribunal in national security cases
1. In paragraph 2(1) of Schedule 6 to the Data Protection Act 1998 1998 c. 29.
(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”.
2. For paragraph 3 of that Schedule there is substituted—
“3. The Tribunal shall be duly constituted—
(a) for an appeal under section 28(4) or (6) in any case where the
application of paragraph 6(1) is excluded by rules under
paragraph 7, or
(b) for an appeal under section 60(1) or (4) of the Freedom of
Information Act 2000,
if it consists of three of the persons designated under paragraph 2(1), of
whom one shall be designated by the Lord Chancellor to preside.”
Constitution of Tribunal in other cases
3.—(1) Paragraph 4 of that Schedule (constitution of Tribunal in other cases)
is amended as follows.
(2) After sub-paragraph (1) there is inserted—
“(1A) Subject to any rules made under paragraph 7, the Tribunal shall
be duly constituted for an appeal under section 57(1) or (2) of the Freedom
of Information Act 2000 if it consists of—
(a) the chairman or a deputy chairman (who shall preside), and
(b) an equal number of the members appointed respectively in
accordance with paragraphs (aa) and (bb) of section 6(6).”
(3) In sub-paragraph (2), after “(1)” there is inserted “or (1A)”.
Rules of procedure
4.—(1) Paragraph 7 of that Schedule (rules of procedure) is amended as
follows.
(2) In sub-paragraph (1), for the words from “regulating” onwards there is
substituted “regulating—

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(a) the exercise of the rights of appeal conferred—
(i) by sections 28(4) and (6) and 48, and
(ii) by sections 57(1) and (2) and section 60(1) and (4) of the
Freedom of Information Act 2000, and
(b) the practice and procedure of the Tribunal.”
(3) In sub-paragraph (2), after paragraph (a) there is inserted—
“(aa) for the joinder of any other person as a party to any proceedings
on an appeal under the Freedom of Information Act 2000,
(ab) for the hearing of an appeal under this Act with an appeal under
the Freedom of Information Act 2000,”.
SCHEDULE 5Section 67.
Amendments of public records legislation
Part I
Amendments of PublicRecordsAct 1958
Functions of Advisory Council on Public Records
1. In section 1 of the Public Records Act 1958 (general responsibility of the1958 c. 51.
Lord Chancellor for public records), after subsection (2) there is inserted—
“(2A) The matters on which the Advisory Council on Public Records
may advise the Lord Chancellor include matters relating to the application
of the Freedom of Information Act 2000 to information contained in
public records which are historical records within the meaning of Part VI
of that Act.”
Access to public records
2.—(1) Section 5 of that Act (access to public records) is amended in
accordance with this paragraph.
(2) Subsections (1) and (2) are omitted.
(3) For subsection (3) there is substituted—
“(3) It shall be the duty of the Keeper of Public Records to arrange that
reasonable facilities are available to the public for inspecting and obtaining
copies of those public records in the Public Record O ﬃ ce which fall to be
disclosed in accordance with the Freedom of Information Act 2000.”
(4) Subsection (4) and, in subsection (5), the words from “and subject to” to
the end are omitted.
3. Schedule 2 of that Act (enactments prohibiting disclosure of information
obtained from the public) is omitted.
Power to extend meaning of “public records”
4. In Schedule 1 to that Act (deﬁnition of public records) after the Table at the
end of paragraph 3 there is inserted—
“3A.—(1) Her Majesty may by Order in Council amend the Table at the
end of paragraph 3 of this Schedule by adding to either Part of the Table
an entry relating to any body or establishment—
(a) which, at the time when the Order is made, is speciﬁed in Schedule
2 to the Parliamentary Commissioner Act 1967 (departments, etc.
subject to investigation), or

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(b) in respect of which an entry could, at that time, be added to
Schedule 2 to that Act by an Order in Council under section 4 of
that Act (which confers power to amend that Schedule).
(2) An Order in Council under this paragraph may relate to a speciﬁed
body or establishment or to bodies or establishments falling within a
speciﬁed description.
(3) An Order in Council under this paragraph shall be subject to
annulment in pursuance of a resolution of either House of Parliament.”
Part II
Amendment of PublicRecordsAct (Northern Ireland) 1923
5. After section 5 of the Public Records Act (Northern Ireland) 1923 (deposit 1923 c. 20 (N.I.).
of documents in Record O ﬃ ce by trustees or other persons) there is inserted—
“Access to public 5A. It shall be the duty of the Deputy Keeper of the Records
records of Northern Ireland to arrange that reasonable facilities are
available to the public for inspecting and obtaining copies of
those public records in the Public Record O ﬃ ce of Northern
Ireland which fall to be disclosed in accordance with the
Freedom of Information Act 2000.”
SCHEDULE 6
Section 73.
Further amendments ofData ProtectionAct 1998
Request by data controller for further information
1. In section 7 of the Data Protection Act 1998 (right of access to personal 1998 c. 29.
data), for subsection (3) there is substituted—
“(3) Where a data controller—
(a) reasonably requires further information in order to satisfy himself
as to the identity of the person making a request under this
section and to locate the information which that person seeks,
and
(b) has informed him of that requirement,
the data controller is not obliged to comply with the request unless he is
supplied with that further information.
Parliament
2. After section 35 of that Act there is inserted—
“Parliamentary 35A. Personal data are exempt from—
privilege. (a) the ﬁrst data protection principle, except to the extent
to which it requires compliance with the conditions in
Schedules 2 and 3,
(b) the second, third, fourth and ﬁfth data protection
principles,
(c) section 7, and
(d) sections 10 and 14(1) to (3),
if the exemption is required for the purpose of avoiding an
infringement of the privileges of either House of Parliament.”

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3. After section 63 of that Act there is inserted—
“Application to 63A.—(1) Subject to the following provisions of this section
Parliament. and to section 35A, this Act applies to the processing of
personal data by or on behalf of either House of Parliament as
it applies to the processing of personal data by other persons.
(2) Where the purposes for which and the manner in which
any personal data are, or are to be, processed are determined by
or on behalf of the House of Commons, the data controller in
respect of those data for the purposes of this Act shall be the
Corporate Oﬃ cer of that House.
(3) Where the purposes for which and the manner in which
any personal data are, or are to be, processed are determined by
or on behalf of the House of Lords, the data controller in
respect of those data for the purposes of this Act shall be the
Corporate Oﬃ cer of that House.
(4) Nothing in subsection (2) or (3) is to be taken to render
the Corporate O ﬃ cer of the House of Commons or the
Corporate Oﬃ cer of the House of Lords liable to prosecution
under this Act, but section 55 and paragraph 12 of Schedule 9
shall apply to a person acting on behalf of either House as they
apply to any other person.”
4. In Schedule 2 to that Act (conditions relevant for the purposes of the ﬁrst
data protection principle: processing of any personal data) in paragraph 5 after
paragraph (a) there is inserted—
“(aa) for the exercise of any functions of either House of Parliament,”.
5. In Schedule 3 to that Act (conditions relevant for the purposes of the ﬁrst
data protection principle: processing of sensitive personal data) in paragraph 7
after paragraph (a) there is inserted—
“(aa) for the exercise of any functions of either House of Parliament,”.
Honours
6. In Schedule 7 to that Act (miscellaneous exemptions) in paragraph 3(b)
(honours) after “honour” there is inserted “or dignity”.
Legal professional privilege
7. In paragraph 10 of that Schedule (legal professional privilege), for the words
“or, in Scotland, to conﬁdentiality as between client and professional legal
adviser,” there is substituted “or, in Scotland, to conﬁdentiality of
communications”.
Extension of transitional exemption
8. In Schedule 14 to that Act (transitional provisions), in paragraph 2(1)
(which confers transitional exemption from the prohibition on processing
without registration on those registered under the Data Protection Act 1984) the
words “or, if earlier, 24th October 2001” are omitted.

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73c. 36Freedom of Information Act 2000
Section 76(2).SCHEDULE 7
Disclosure of information by ombudsmen
The Parliamentary Commissioner for Administration
1. At the end of section 11 of the Parliamentary Commissioner Act 1967 1967 c. 13.
(provision for secrecy of information) there is inserted—
“(5) Information obtained from the Information Commissioner by
virtue of section 76(1) of the Freedom of Information Act 2000 shall be
treated for the purposes of subsection (2) of this section as obtained for the
purposes of an investigation under this Act and, in relation to such
information, the reference in paragraph (a) of that subsection to the
investigation shall have e ﬀect as a reference to any investigation.”
2. After section 11A of that Act there is inserted—
“Disclosure of 11AA.—(1) The Commissioner may disclose to the
information by Information Commissioner any information obtained by, or
Parliamentary furnished to, the Commissioner under or for the purposes ofCommissioner to this Act if the information appears to the Commissioner toInformation relate to—Commissioner.
(a) a matter in respect of which the Information
Commissioner could exercise any power conferred
by—
(i) Part V of the Data Protection Act 1998
(enforcement),
(ii) section 48 of the Freedom of Information
Act 2000 (practice recommendations), or
(iii) Part IV of that Act (enforcement), or
(b) the commission of an o ﬀence under—
(i) any provision of the Data Protection Act
1998 other than paragraph 12 of Schedule 9
(obstruction of execution of warrant), or
(ii) section 77 of the Freedom of Information
Act 2000 (oﬀence of altering etc. records with intent
to prevent disclosure).
(2) Nothing in section 11(2) of this Act shall apply in relation
to the disclosure of information in accordance with this
section.”
The Commissions for Local Administration in England and Wales
3. In section 32 of the Local Government Act 1974 (law of defamation, and
1974 c. 7.
disclosure of information) after subsection (6) there is inserted—
“(7) Information obtained from the Information Commissioner by
virtue of section 76 of the Freedom of Information Act 2000 shall be
treated for the purposes of subsection (2) above as obtained for the
purposes of an investigation under this Part of this Act and, in relation to
such information, the reference in paragraph (a) of that subsection to the
investigation shall have e ﬀect as a reference to any investigation.”

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4. After section 33 of that Act there is inserted—
“Disclosure of 33A.—(1) A Local Commissioner may disclose to the
information by Information Commissioner any information obtained by, or
Local furnished to, the Local Commissioner under or for theCommissioner to purposes of this Part of this Act if the information appears toInformation the Local Commissioner to relate to—Commissioner.
(a) a matter in respect of which the Information
Commissioner could exercise any power conferred
by—
(i) Part V of the Data Protection Act 1998
(enforcement),
(ii) section 48 of the Freedom of Information
Act 2000 (practice recommendations), or
(iii) Part IV of that Act (enforcement), or
(b) the commission of an o ﬀence under—
(i) any provision of the Data Protection Act
1998 other than paragraph 12 of Schedule 9
(obstruction of execution of warrant), or
(ii) section 77 of the Freedom of Information
Act 2000 (oﬀence of altering etc. records with intent
to prevent disclosure).
(2) Nothing in section 32(2) of this Act shall apply in relation
to the disclosure of information in accordance with this
section.”
The Health Service Commissioners
5. At the end of section 15 of the Health Service Commissioners Act 1993
1993 c. 46.
(conﬁdentiality of information) there is inserted—
“(4) Information obtained from the Information Commissioner by
virtue of section 76 of the Freedom of Information Act 2000 shall be
treated for the purposes of subsection (1) as obtained for the purposes of
an investigation and, in relation to such information, the reference in
paragraph (a) of that subsection to the investigation shall have e ﬀect as a
reference to any investigation.”
6. After section 18 of that Act there is inserted—
“Disclosure of 18A.—(1) The Health Service Commissioner for England or
information to the Health Service Commissioner for Wales may disclose to the
Information Information Commissioner any information obtained by, orCommissioner. furnished to, the Health Service Commissioner under or for the
purposes of this Act if the information appears to the Health
Service Commissioner to relate to—
(a) a matter in respect of which the Information
Commissioner could exercise any power conferred
by—
(i) Part V of the Data Protection Act 1998
(enforcement),
(ii) section 48 of the Freedom of Information
Act 2000 (practice recommendations), or
(iii) Part IV of that Act (enforcement), or
(b) the commission of an o ﬀence under—
(i) any provision of the Data Protection Act
1998 other than paragraph 12 of Schedule 9
(obstruction of execution of warrant), or

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(ii) section 77 of the Freedom of Information
Act 2000 (oﬀence of altering etc. records with intent
to prevent disclosure).
(3) Nothing in section 15 (conﬁdentiality of information)
applies in relation to the disclosure of information in
accordance with this section.”
The Welsh Administration Ombudsman
7. In Schedule 9 to the Government of Wales Act 1998 (the Welsh 1998 c. 38.
Administration Ombudsman), at the end of paragraph 25 (conﬁdentiality of
information) there is inserted—
“(5) Information obtained from the Information Commissioner by
virtue of section 76 of the Freedom of Information Act 2000 shall be
treated for the purposes of sub-paragraph (1) as obtained for the purposes
of an investigation and, in relation to such information, the reference in
paragraph (a) of that subsection to the investigation shall have e ﬀect as a
reference to any investigation.”
8. After paragraph 27 of that Schedule there is inserted—
“Disclosure of information to Information Commissioner
28.—(1) The Welsh Administration Ombudsman may disclose to the
Information Commissioner any information obtained by, or furnished to,
the Welsh Administration Ombudsman under or for the purposes of this
Schedule if the information appears to the Welsh Administration
Ombudsman to relate to—
(a) a matter in respect of which the Information Commissioner could
exercise any power conferred by—
(i) Part V of the Data Protection Act 1998 (enforcement),
(ii) section 48 of the Freedom of Information Act 2000
(practice recommendations), or
(iii) Part IV of that Act (enforcement), or
(b) the commission of an o ﬀence under—
(i) any provision of the Data Protection Act 1998 other than
paragraph 12 of Schedule 9 (obstruction of execution of
warrant), or
(ii) section 77 of the Freedom of Information Act 2000
(oﬀence of altering etc. records with intent to prevent
disclosure).
(2) Nothing in paragraph 25(1) applies in relation to the disclosure of
information in accordance with this paragraph.”
The Northern Ireland Commissioner for Complaints
9. At the end of Article 21 of the Commissioner for Complaints (Northern
S.I. 1996/1297
(N.I. 7).Ireland) Order 1996 (disclosure of information by Commissioner) there is
inserted—
“(5) Information obtained from the Information Commissioner by
virtue of section 76 of the Freedom of Information Act 2000 shall be
treated for the purposes of paragraph (1) as obtained for the purposes of
an investigation under this Order and, in relation to such information, the
reference in paragraph (1)(a) to the investigation shall have e ﬀect as a
reference to any investigation.”

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10. After that Article there is inserted—
“Disclosure of information to Information Commissioner
21A.—(1) The Commissioner may disclose to the Information
Commissioner any information obtained by, or furnished to, the
Commissioner under or for the purposes of this Order if the information
appears to the Commissioner to relate to—
(a) a matter in respect of which the Information Commissioner could
exercise any power conferred by—
(i) Part V of the Data Protection Act 1998 (enforcement),
(ii) section 48 of the Freedom of Information Act 2000
(practice recommendations), or
(iii) Part IV of that Act (enforcement), or
(b) the commission of an o ﬀence under—
(i) any provision of the Data Protection Act 1998 other than
paragraph 12 of Schedule 9 (obstruction of execution of
warrant), or
(ii) section 77 of the Freedom of Information Act 2000
(oﬀence of altering etc. records with intent to prevent
disclosure).
(2) Nothing in Article 21(1) applies in relation to the disclosure of
information in accordance with this Article.”
The Assembly Ombudsman for Northern Ireland
11. At the end of Article 19 of the Ombudsman (Northern Ireland) Order 1996S.I. 1996/1298
(N.I. 8). there is inserted—
“(5) Information obtained from the Information Commissioner by
virtue of section 76 of the Freedom of Information Act 2000 shall be
treated for the purposes of paragraph (1) as obtained for the purposes of
an investigation under this Order and, in relation to such information, the
reference in paragraph (1)(a) to the investigation shall have e ﬀect as a
reference to any investigation.”
12. After that Article there is inserted—
“Disclosure of information to Information Commissioner
19A.—(1) The Ombudsman may disclose to the Information
Commissioner any information obtained by, or furnished to, the
Omubudsman under or for the purposes of this Order if the information
appears to the Ombudsman to relate to—
(a) a matter in respect of which the Information Commissioner could
exercise any power conferred by—
(i) Part V of the Data Protection Act 1998 (enforcement),
(ii) section 48 of the Freedom of Information Act 2000
(practice recommendations), or
(iii) Part IV of that Act (enforcement), or
(b) the commission of an o ﬀence under—
(i) any provision of the Data Protection Act 1998 other than
paragraph 12 of Schedule 9 (obstruction of execution of
warrant), or
(ii) section 77 of the Freedom of Information Act 2000
(oﬀence of altering etc. records with intent to prevent
disclosure).
(2) Nothing in Article 19(1) applies in relation to the disclosure of
information in accordance with this Article.”

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The Commissioner for Local Administration in Scotland
13. In section 30 of the Local Government (Scotland) Act 1975 (limitation on 1975 c. 30.
disclosure of information), after subsection (5) there is inserted—
“(5A) Information obtained from the Information Commissioner by
virtue of section 76 of the Freedom of Information Act 2000 shall be
treated for the purposes of subsection (2) as obtained for the purposes of
an investigation under this Part of this Act and, in relation to such
information, the reference in subsection (2)(a) to the investigation shall
have eﬀect as a reference to any investigation.”
SCHEDULE 8
Section 86.
Repeals
Part I
Repeal coming into force on passing ofAct
Chapter Short title Extent of repeal
1998 c. 29. The Data Protection Act In Schedule 14, in paragraph
1998. 2(1), the words “or, if
earlier, 24th October
2001”.
Part II
Repeals coming into force in accordance with section87(2)
Chapter Short title Extent of repeal
1958 c. 51. The Public Records Act In Schedule 1, in Part II of
1958. the Table in paragraph 3,
the entry relating to the
Data Protection
Commissioner.
1967 c. 13. The Parliamentary In Schedule 2, the entry
Commissioner Act 1967. relating to the Data
Protection
Commissioner.
1975 c. 24. The House of Commons In Schedule 1, in Part III, the
Disqualiﬁcation Act 1975. entry relating to the Data
Protection
Commissioner.
1975 c. 25. The Northern Ireland In Schedule 1, in Part III, the
Assembly entry relating to the Data
Disqualiﬁcation Act 1975. Protection
Commissioner.
1998 c. 29. The Data Protection Act In Schedule 5, Part III.
1998. In Schedule 15, paragraphs
1(1), 2, 4, 5(2) and 6(2)

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Part III
Repeals coming into force in accordance with section87(3)
Chapter Short title Extent of repeal
1958 c. 51. The Public Records Act In section 5, subsections (1),
1958. (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 In Schedule 1, in Part II, the
Disqualiﬁcation Act 1975. entry relating to the Data
Protection Tribunal.
1975 c. 25. The Northern Ireland In Schedule 1, in Part II, the
Assembly entry relating to the Data
Disqualiﬁcation Act 1975. Protection Tribunal.
1998 c. 29. The Data Protection Act In section 1(1), in the
1998. 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).
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