Freedom of Information Bill - continued        House of Lords
PART VIII, MISCELLANEOUS AND SUPPLEMENTAL - continued

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Application to government departments, etc.     80. - (1) For the purposes of this Act each government department is to be treated as a person separate from any other government department.
 
      (2) Subsection (1) does not enable-
 
 
    (a) a government department which is not a Northern Ireland department to claim for the purposes of section 40(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 76 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.
 
Orders and regulations.     81. - (1) Any power of the Secretary of State to make an order or 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), 52(1)(a)(iii) or 74, or
 
    (b) regulations under section 10(4) or 73(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 52(6) or (7), 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.
 
Meaning of "Welsh public authority".     82. - (1) In this Act "Welsh public authority" means-
 
 
    (a) any public authority which is listed in Part II, III, IV or VI of Schedule 1 and whose functions are exercisable only or mainly in or as regards Wales, other than an excluded authority, or
 
    (b) any public authority which is an Assembly subsidiary as defined by section 99(4) of the Government of Wales Act 1998.
      (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.
 
      (3) Before making an order under subsection (2), the Secretary of State shall consult the National Assembly for Wales.
 
Interpretation.     83. In this Act, unless the context otherwise requires-
 
 
    "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 49;
 
    "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 51;
 
    "executive committee", in relation to the National Assembly for Wales, has the same meaning as in the Government of Wales 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 79(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 50(8) and 74(2)) means information recorded in any form;
 
    "information notice" has the meaning given by section 50;
 
    "Minister of the Crown" has the same meaning as in the Ministers of the Crown Act 1975;
 
    "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);
 
    "public record" means a public record within the meaning of the Public Records Act 1958 or a public record to which the Public Records Act (Northern Ireland) 1923 applies;
 
    "publication scheme" has the meaning given by section 18;
 
    "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 definition of that term in that subsection shall have effect 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;
 
    "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 82.
Expenses.     84. There shall be paid out of money provided by Parliament-
 
 
    (a) any increase attributable to this Act in the expenses of the Secretary of State in respect of the Commisssioner, 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.
Repeals.     85. Schedule 8 (repeals) has effect.
 
Commencement.     86. - (1) The following provisions of this Act shall come into force on the day on which this Act is passed-
 
 
    (a) sections 3 to 8 and Schedule 1,
 
    (b) section 18 so far as relating to the approval of publication schemes,
 
    (c) section 19 so far as relating to the approval and preparation by the Commissioner of model publication schemes,
 
    (d) section 46(2) to (6),
 
    (e) section 48,
 
    (f) section 73,
 
    (g) section 74,
 
    (h) sections 77 to 84 and this section,
 
    (i) paragraphs 2 and 17 to 22 of Schedule 2 (and section 17(4) so far as relating to those paragraphs),
 
    (j) paragraph 4 of Schedule 5 (and section 66 so far as relating to that paragraph),
 
    (k) paragraph 8 of Schedule 6 (and section 72 so far as relating to that paragraph),
 
    (l) Part I of Schedule 8 (and section 85 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 17(1),
 
    (b) section 75 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 17(4) so far as relating to those provisions), and
 
    (d) Part II of Schedule 8 (and section 85 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 different days may be appointed for different 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.
Short title and extent.     87. - (1) This Act may be cited as the Freedom of Information Act 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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