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House of Lords
Session 1999-2000
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Freedom of Information Bill

This is the text of the Freedom of Information Bill, as amended on Report in the House of Lords and printed on 14th November 2000.

 
 
  
Freedom of Information Bill
 
 
 
 
ARRANGEMENT OF CLAUSES

PART I
ACCESS TO INFORMATION HELD BY PUBLIC AUTHORITIES
Right to information
Clause 
1.General right of access to information held by public authorities.
2.Effect 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 Office, 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.

PART II
EXEMPT INFORMATION
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 effective conduct of public affairs.
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 OF SECRETARY OF STATE, LORD CHANCELLOR AND INFORMATION COMMISSIONER
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.
59.Appeals from decision of Tribunal.
60.Appeals against national security certificate.
61.Appeal proceedings.

PART VI
HISTORICAL RECORDS AND RECORDS IN PUBLIC RECORD OFFICE OR PUBLIC RECORD OFFICE OF NORTHERN IRELAND
62.Interpretation of Part VI.
63.Removal of exemptions: historical records generally.
64.Removal of exemptions: historical records in public record offices.
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 PROTECTION ACT 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.Offence 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.
 

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 offices: general.
    Part VII-Other public bodies and offices: 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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Prepared 15 November 2000