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Freedom of Information Act 2000 (c. 36)(The document as of February, 2008) Page 5 Pages: P.1 | P.2 | P.3 | P.4 | P.5 | P.6 | P.7 Section 3(1)(a)(i). SCHEDULE 1 Public authoritiesPart I General1 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 governmentEngland and Wales7 A local authority within the meaning of the [1972 c. 70.] Local Government Act 1972, namely-- (a) in England, a county council, a London borough council, a district council or a parish council, (b) in Wales, a county council, a county borough council or a community council. 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 [1972 c. 70.] Local Government Act 1972. 13 Any charter trustees constituted under section 246 of the [1972 c. 70.] Local Government Act 1972. 14 A fire authority constituted by a combination scheme under section 5 or 6 of the [1947 c. 41.] Fire Services Act 1947. 15 A waste disposal authority established by virtue of an order under section 10(1) of the [1985 c. 51.] Local Government Act 1985. 16 A port health authority constituted by an order under section 2 of the [1984 c. 22.] Public Health (Control of Disease) Act 1984. 17 A licensing planning committee constituted under section 119 of the [1964 c. 26.] Licensing Act 1964. 18 An internal drainage board which is continued in being by virtue of section 1 of the [1991 c. 59.] Land Drainage Act 1991. 19 A joint authority established under Part IV of the [1985 c. 51.] 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 [1985 c. 51.] Local Government Act 1985 (reorganisation of functions). 22 A body corporate established pursuant to an order under section 67 of the [1985 c. 51.] 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 [1992 c. 19.] Local Government Act 1992 (residuary bodies). 24 The Broads Authority established by section 1 of the [1988 c. 4.] Norfolk and Suffolk Broads Act 1988. 25 A joint committee constituted in accordance with section 102(1)(b) of the [1972 c. 70.] Local Government Act 1972. 26 A joint board which is continued in being by virtue of section 263(1) of the [1972 c. 70.] Local Government Act 1972. 27 A joint authority established under section 21 of the [1992 c. 19.] Local Government Act 1992. 28 A Passenger Transport Executive for a passenger transport area within the meaning of Part II of the [1968 c. 73.] Transport Act 1968. 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 [1995 c. 25.] Environment Act 1995. 33 A joint planning board constituted for an area in Wales outside a National Park by an order under section 2(1B) of the [1990 c. 8.] Town and Country Planning Act 1990. 34 A magistrates' court committee established under section 27 of the Justices of the [1997 c. 25.] Peace Act 1997. 35 The London Development Agency. Northern Ireland36 A district council within the meaning of the [1972 c. 9(N.I.).] Local Government Act (Northern Ireland) 1972. Part III The National Health ServiceEngland and Wales37 A Health Authority established under section 8 of the [1977 c. 49.] National Health Service Act 1977. 38 A special health authority established under section 11 of the [1977 c. 49.] National Health Service Act 1977. 39 A primary care trust established under section 16A of the [1977 c. 49.] National Health Service Act 1977. 40 A National Health Service trust established under section 5 of the [1990 c. 19.] National 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 [1977 c. 49.] National Health Service Act 1977. 43 The Public Health Laboratory Service Board constituted under Schedule 3 to the [1977 c. 49.] 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 [1977 c. 49.] 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 [1977 c. 49.] National Health Service Act 1977, in respect of information relating to the provision of those services. Northern Ireland46 A Health and Social Services Board established under Article 16 of the [S.I. 1972/1265 (N.I. 14).] Health and Personal Social Services (Northern Ireland) Order 1972. 47 A Health and Social Services Council established under Article 4 of the [S.I. 1991/194 (N.I. 1).] Health and Personal Social Services (Northern Ireland) Order 1991. 48 A Health and Social Services Trust established under Article 10 of the [S.I. 1991/194 (N.I. 1).] Health and Personal Social Services (Northern Ireland) Order 1991. 49 A special agency established under Article 3 of the [S.I. 1990/247 (N.I. 3).] Health and Personal Social Services (Special Agencies) (Northern Ireland) Order 1990. 50 The Northern Ireland Central Services Agency for the Health and Social Services established under Article 26 of the [S.I. 1972/1265 (N.I. 14).] Health and Personal Social Services (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 [S.I. 1972/1265 (N.I. 14).] 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 institutionsEngland and Wales52 The governing body of a maintained school, within the meaning of the [1998 c. 56.] School Standards and Framework Act 1998. 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 [1992 c. 13.] Further 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 [1992 c. 13.] 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 Ireland54 (1) The managers of-- (a) a controlled school, voluntary school or grant-maintained integrated school within the meaning of Article 2(2) of the [S.I. 1986/594 (N.I. 3).] Education and Libraries (Northern Ireland) Order 1986, or (b) a pupil referral unit as defined by Article 87(1) of the [S.I. 1998/1759 (N.I. 13).] Education (Northern Ireland) Order 1998. (2) In sub-paragraph (1) "managers" has the meaning given by Article 2(2) of the [S.I. 1986/594 (N.I. 3).] Education and Libraries (Northern Ireland) Order 1986. 55 (1) The governing body of-- (a) a university receiving financial support under Article 30 of the [S.I. 1993/2810 (N.I. 12).] Education and Libraries (Northern Ireland) Order 1993, (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 [S.I. 1986/594 (N.I. 3).] Education and Libraries (Northern Ireland) Order 1986, or (c) an institution of further education within the meaning of the [S.I. 1997/1772 (N.I. 15).] Further Education (Northern Ireland) Order 1997. (2) In sub-paragraph (1) "governing body" has the meaning given by Article 30(3) of the [S.I. 1993/2810 (N.I. 12).] Education and Libraries (Northern Ireland) Order 1993. 56 Any person providing further education to whom grants, loans or other payments are made under Article 5(1)(b) of the [S.I. 1997/1772 (N.I. 15).] Further Education (Northern Ireland) Order 1997. Part V PoliceEngland and Wales57 A police authority established under section 3 of the [1996 c. 16.] Police Act 1996. 58 The Metropolitan Police Authority established under section 5B of the [1996 c. 16.] Police Act 1996. 59 A chief officer of police of a police force in England or Wales. Northern Ireland60 The Police Authority for Northern Ireland. 61 The Chief Constable of the Royal Ulster Constabulary. Miscellaneous62 The British Transport Police. 63 The Ministry of Defence Police established by section 1 of the [1987 c. 4.] Ministry of 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
Part VII Other public bodies and offices: Northern Ireland
Section 18(4). SCHEDULE 2 The Commissioner and the TribunalPart I Provision consequential on s. 18(1) and (2)General1 (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. (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 offices), the entry relating to the Data Protection Commissioner is omitted and there is inserted at the appropriate place-- " The Information Commissioner " . 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 offices), 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 offices), 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 officer 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". 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 effect. Part II Amendments relating to extension of functions of Commissioner and TribunalInterests represented by lay members of Tribunal16 In section 6(6) of the [1998 c. 29.] Data Protection Act 1998 (lay members of 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 fees17 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 Tribunal18 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 commissioners20 (1) Paragraph 4 of Schedule 5 to that Act (officers and staff) 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. " Exercise of Commissioner's functions by others21 (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". Money22 In paragraph 9(1) of Schedule 5 to that Act (money) for "or section 159 of the Consumer Credit Act 1974" there is substituted ", under section 159 of the Consumer Credit Act 1974 or under the Freedom of Information Act 2000". Section 55. SCHEDULE 3 Powers of entry and inspectionIssue of warrants1 (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 offence under section 77 has been or is being committed, and that evidence of such a failure to comply or of the commission of the offence is to be found on any premises specified in the information, he may, subject to paragraph 2, grant a warrant to the Commissioner. (2) A warrant issued under sub-paragraph (1) shall authorise the Commissioner or any of his officers or staff at any time within seven days of the date of the warrant-- (a) to enter and search the premises, (b) to inspect and seize any documents or other material found there which may be such evidence as is mentioned in that sub-paragraph, and (c) to inspect, examine, operate and test any equipment found there in which information held by the public authority may be recorded. 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 (ii) although entry to the premises was granted, the occupier unreasonably refused to comply with a request by the Commissioner or any of the Commissioner's officers or staff to permit the Commissioner or the officer or member of staff to do any of the things referred to in paragraph 1(2), and (c) that the occupier, has, after the refusal, been notified by the Commissioner of the application for the warrant and has had an opportunity of being heard by the judge on the question whether or not it should be issued. (2) Sub-paragraph (1) shall not apply if the judge is satisfied that the case is one of urgency or that compliance with those provisions would defeat the object of the entry. 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 warrantsPages: P.1 | P.2 | P.3 | P.4 | P.5 | P.6 | P.7 -- Back --
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