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126 Page 57, leave out lines 23 and 24.
127 Page 57, line 36, leave out '12' and insert '12(1) to (3)'.


128 Page 58, line 5, leave out '12' and insert '12(1) to (3)'.


129 Page 58, line 14, at end insert--

'Part V
Exemption from section 21

. Processing which was already under way immediately before 24th October 1998 is not assessable processing for the purposes of section 21.'.
130 Schedule 9, page 58, line 34, at end insert 'as is mentioned in that sub-paragraph'.
131 After Schedule 10, insert the following new schedule--
'SCHEDULE
Meaning of "educational record" for purposes of section (Meaning of "accessible public record")

1. For the purposes of section (Meaning of "accessible record") "educational record" means any record to which paragraph 2, 5 or 7 applies.

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England and Wales

2. This paragraph applies to any record of information which--
(a) is processed by or on behalf of the governing body of, or a teacher at, any school in England and Wales specified in paragraph 3,
(b) relates to any person who is or has been a pupil at the school, and
(c) originated from or was supplied by or on behalf of any of the persons specified in paragraph 4,
other than information which is processed by a teacher solely for the teacher's own use.
3. The schools referred to in paragraph 2(a) are--
(a) a school maintained by a local education authority, and
(b) a special school, as defined by section 6(2) of the Education Act 1996, which is not so maintained.
4. The persons referred to in paragraph 2(c) are--
(a) an employee of the local education authority which maintains the school,
(b) in the case of--
(i) a voluntary aided, foundation or foundation special school (within the meaning of the School Standards and Framework Act 1998), or
(ii) a special school which is not maintained by a local eduction authority,
a teacher or other employee at the school (including an educational psychologist engaged by the governing body under a contract for services),
(c) the pupil to whom the record relates, and
(d) a parent (as defined by section 576(1) of the Education Act 1996) of that pupil.
Scotland

5. This paragraph applies to any record of information which is processed--
(a) by an education authority in Scotland, and
(b) for the purpose of the relevant function of the authority,
other than information which is processed by a teacher solely for the teacher's own use.
6. For the purposes of paragraph 5--
(a) "education authority" means an education authority within the meaning of the Education (Scotland) Act 1980 ("the 1980 Act") or, in relation to a self-governing school, the board of management within the meaning of the Self-Governing Schools etc. (Scotland) Act 1989 ("the 1989 Act"),
(b) "the relevant function" means, in relation to each of those authorities, their function under section 1 of the 1980 Act and section 7(1) of the 1989 Act, and
(c) information processed by an education authority is processed for the purpose of the relevant function of the authority if the processing relates to the discharge of that function in respect of a person--
(i) who is or has been a pupil in a school provided by the authority, or
(ii) who receives, or has received, further education (within the meaning of the 1980 Act) so provided.
Northern Ireland

7.--(1) This paragraph applies to any record of information which--
(a) is processed by or on behalf of the Board of Governors of, or a teacher at, any grant-aided school in Northern Ireland,
(b) relates to any person who is or has been a pupil at the school, and
(c) originated from or was supplied by or on behalf of any of the persons specified in paragraph 8,

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other than information which is processed by a teacher solely for the teacher's own use.
(2) In sub-paragraph (1) "grant-aided school" has the same meaning as in the Education and Libraries (Northern Ireland) Order 1986.
8. The persons referred to in paragraph 7(1) are--
(a) a teacher at the school,
(b) an employee of an education and library board, other than such a teacher,
(c) the pupil to whom the record relates, and
(d) a parent (as defined by Article 2(2) of the Education and Libraries (Northern Ireland) Order 1986) of that pupil.
England and Wales: transitory provisions

9.--(1) Until the appointed day within the meaning of section 20 of the School Standards and Framework Act 1998, this Schedule shall have effect subject to following modifications.
(2) Paragraph 3 shall have effect as if for paragraph (b) and the "and" immediately preceding it there were substituted--
"(aa) a grant-maintained school, as defined by section 183(1) of the Education Act 1996,
(ab) a grant-maintained special school, as defined by section 337(4) of that Act, and
(b) a special school, as defined by section 6(2) of that Act, which is neither a maintained special school, as defined by section 337(3) of that Act, nor a grant-maintained special school."
(3) Paragraph 4(b)(i) shall have effect as if for the words from "foundation", in the first place where it occurs, to "1998)" there were substituted "or grant-maintained school".'.
132 Insert the following new schedule--
'SCHEDULE
Accessible public records
Meaning of "accessible public record"

1. For the purposes of section (Meaning of "accessible record") "accessible public record" means any record which is kept by an authority specified--
(a) as respects England and Wales, in the Table in paragraph 2,
(b) as respects Scotland, in the Table in paragraph 4, or
(c) as respects Northern Ireland, in the Table in paragraph 6,
and is a record of information of a description specified in that Table in relation to that authority.
Housing and social services records: England and Wales

2. The following is the Table referred to in paragraph 1(a).

TABLE OF AUTHORITIES AND INFORMATION

The authoritiesThe accessible information
Housing Act local authority.Information held for the purpose of any of the authority's tenancies.
Local social services authority. Information held for any purpose of the authority's social services functions.

3.--(1) The following provisions apply for the interpretation of the Table in paragraph 2.
(2) Any authority which, by virtue of section 4(e) of the Housing Act 1985, is a local authority for the purpose of any provision of that Act is a "Housing Act local authority" for the purposes of this Schedule, and so is any housing action trust established under Part III of the Housing Act 1988.
(3) Information contained in records kept by a Housing Act local authority is "held for the purpose of any of the authority's tenancies" if it is held for any purpose of the relationship of landlord and tenant

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of a dwelling which subsists, has subsisted or may subsist between the authority and any individual who is, has been or, as the case may be, has applied to be, a tenant of the authority.
(4) Any authority which, by virtue of section 1 or 12 of the Local Authority Social Services Act 1970, is or is treated as a local authority for the purposes of that Act is a "local social services authority" for the purposes of this Schedule; and information contained in records kept by such an authority is "held for any purpose of the authority's social services functions" if it is held for the purpose of any past, current or proposed exercise of such a function in any case.
(5) Any expression used in paragraph 2 or this paragraph and in Part II of the Housing Act 1985 or the Local Authority Social Services Act 1970 has the same meaning as in that Act.
Housing and social services records: Scotland

4. The following is the Table referred to in paragraph 1(b).
TABLE OF AUTHORITIES AND INFORMATION

The authoritiesThe accessible information
Local authority. Scottish Homes. Information held for the purpose of any of the body's tenancies.
Social work authority. Information held for any purpose of the authority's functions under the Social Work (Scotland) Act 1968 and the enactments referred to in section 5(1B) of that Act.

5.--(1) The following provisions apply for the interpretation of the Table in paragraph 4.
(2) "Local authority" means--
(a) a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994,
(b) a joint board or joint committee of two or more of those councils, or
(c) any trust under the control of such a council.
(3) Information contained in records kept by a local authority or Scottish Homes is held for the purpose of any of their tenancies if it is held for any purpose of the relationship of landlord and tenant of a dwelling-house which subsists, has subsisted or may subsist between the authority or, as the case may be, Scottish Homes and any individual who is, has been or, as the case may be, has applied to be a tenant of theirs.
(4) "Social work authority" means a local authority for the purposes of the Social Work (Scotland) Act 1968; and information contained in records kept by such an authority is held for any purpose of their functions if it is held for the purpose of any past, current or proposed exercise of such a function in any case.
Housing and social services records: Northern Ireland

6. The following is the Table referred to in paragraph 1(c).
TABLE OF AUTHORITIES AND INFORMATION

The authoritiesThe accessible information
The Northern Ireland Housing Executive. Information held for the purpose of any of the Executive's tenancies.
A Health and Social Services Board. Information held for the purpose of any past, current or proposed exercise by the Board of any function exercisable, by virtue of directions under Article 17(1) of the Health and Personal Social Services (Northern Ireland) Order 1972, by the Board on behalf of the Department of Health and Social Services with respect to the administration of personal social services under-- (a) the Children and Young Persons Act (Northern Ireland) 1968; (b) the Health and Personal Social Services (Northern Ireland) Order 1972; (c) Article 47 of the Matrimonial Causes (Northern Ireland) Order 1978; (d) Article 11 of the Domestic Proceedings (Northern Ireland) Order 1980; (e) the Adoption (Northern Ireland) Order 1987; or (f) the Children (Northern Ireland) Order 1995.
An HSS trust Information held for the purpose of any past, current or proposed exercise by the trust of any function exercisable, by virtue of an authorisation under Article 3(1) of the Health and Personal Social Services (Northern Ireland) Order 1994, by the trust on behalf of a Health and Social Services Board with respect to the administration of personal social services under any statutory provision mentioned in the last preceding entry.

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7.--(1) This paragraph applies for the interpretation of the Table in paragraph 6.
(2) Information contained in records kept by the Northern Ireland Housing Executive is "held for the purpose of any of the Executive's tenancies" if it is held for any purpose of the relationship of landlord and tenant of a dwelling which subsists, has subsisted or may subsist between the Executive and any individual who is, has been or, as the case may be, has applied to be, a tenant of the Executive.'.
133 Schedule 11, page 61, line 46, leave out 'eligible' and insert 'exempt'.
134 Page 61, line 46, after 'inaccurate' insert 'or incomplete'.


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