Freedom of Information Act 2000 (c. 36)

(The document as of February, 2008)

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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 officer or employee of the authority is present when the warrant is executed, he shall be shown the warrant and supplied with a copy of it; and if no such officer or employee is present a copy of the warrant shall be left in a prominent place on the premises.

(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

(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 offence.

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.

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.

Section 61(1).

SCHEDULE 4 Appeal proceedings: amendments of Schedule 6 to [1998 c. 29.] Data Protection Act 1998

Constitution of Tribunal in national security cases

1 In paragraph 2(1) of Schedule 6 to the [1998 c. 29.] Data Protection Act 1998 (constitution of Tribunal in national security cases), at the end there is inserted "or under section 60(1) or (4) of the Freedom of Information Act 2000".

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--

(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, " .

Section 67.

SCHEDULE 5 Amendments of public records legislation

Part I Amendments of Public Records Act 1958

Functions of Advisory Council on Public Records

1 In section 1 of the [1958 c. 51.] Public Records Act 1958 (general responsibility of the 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 Office 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

(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 Public Records Act (Northern Ireland) 1923

5 After section 5 of the [1923 c. 20(N.I.).] Public Records Act (Northern Ireland) 1923 (deposit of documents in Record Office by trustees or other persons) there is inserted--

" 5A Access to public records

It shall be the duty of the Deputy Keeper of the 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 Office of Northern Ireland which fall to be disclosed in accordance with the Freedom of Information Act 2000. "

Section 73.

SCHEDULE 6 Further amendments of Data Protection Act 1998

Request by data controller for further information

1 In section 7 of the [1998 c. 29.] Data Protection Act 1998 (right of access to personal 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--

" 35A Parliamentary privilege

Personal data are exempt from--

(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,

(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. "

3 After section 63 of that Act there is inserted--

" 63A Application to Parliament

(1) Subject to the following provisions of this section 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 Officer 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 Officer of that House.

(4) Nothing in subsection (2) or (3) is to be taken to render the Corporate Officer of the House of Commons or the Corporate Officer 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.

Section 76(2).

SCHEDULE 7 Disclosure of information by ombudsmen

The Parliamentary Commissioner for Administration

1 At the end of section 11 of the [1967 c. 13.] Parliamentary Commissioner Act 1967 (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 effect as a reference to any investigation. "

2 After section 11A of that Act there is inserted--

" 11AA Disclosure of information by Parliamentary Commissioner to Information Commissioner

(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 Act 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 offence 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 [1974 c. 7.] Local Government Act 1974 (law of defamation, and 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 effect as a reference to any investigation. "

4 After section 33 of that Act there is inserted--

" 33A Disclosure of information by Local Commissioner to Information Commissioner

(1) A Local Commissioner may disclose to the Information Commissioner any information obtained by, or furnished to, the Local Commissioner under or for the purposes of this Part of this Act if the information appears to the Local 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 offence 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 [1993 c. 46.] Health Service Commissioners Act 1993 (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 effect as a reference to any investigation. "

6 After section 18 of that Act there is inserted--

" 18A Disclosure of information to Information Commissioner

(1) The Health Service Commissioner for England or the Health Service Commissioner for Wales may disclose to the Information Commissioner any information obtained by, or 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 offence 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).

(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 [1998 c. 38.] Government of Wales Act 1998 (the Welsh 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 effect 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 offence 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 [S.I. 1996/1297 (N.I. 7).] Commissioner for Complaints (Northern 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 effect as a reference to any investigation. "

10 After that Article there is inserted--

" 21A Disclosure of information to Information Commissioner

(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 offence 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 [S.I. 1996/1298 (N.I. 8).] Ombudsman (Northern Ireland) Order 1996 there is inserted--

12 After that Article there is inserted--

" 19A Disclosure of information to Information Commissioner

(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 offence 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. "

The Commissioner for Local Administration in Scotland

13 In section 30 of the [1975 c. 30.] Local Government (Scotland) Act 1975 (limitation on 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. "

Section 86.

SCHEDULE 8 Repeals

Part I Repeal coming into force on passing of Act

Chapter	Short title	Extent of repeal
1998 c. 29.	The Data Protection Act 1998.	In Schedule 14, in paragraph 2(1), the words "or, if earlier, 24th October 2001".

Part II Repeals coming into force in accordance with section 87(2)

Chapter	Short title	Extent of repeal
1958 c. 51.	The Public Records Act 1958.	In Schedule 1, in Part II of the Table in paragraph 3, the entry relating to the Data Protection Commissioner.
1967 c. 13.	The Parliamentary Commissioner Act 1967.	In Schedule 2, the entry relating to the Data Protection Commissioner.
1975 c. 24.	The House of Commons Disqualification Act 1975.	In Schedule 1, in Part III, the entry relating to the Data Protection Commissioner.
1975 c. 25.	The Northern Ireland Assembly Disqualification Act 1975.	In Schedule 1, in Part III, the entry relating to the Data Protection Commissioner.
1998 c. 29.	The Data Protection Act 1998.	In Schedule 5, Part III. In Schedule 15, paragraphs 1(1), 2, 4, 5(2) and 6(2)

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