Constitutional Reform and Governance Bill

House of Lords

Session 2009 - 10
Internet Publications
Other Bills before Parliament

Constitutional Reform and Governance Bill

Constitutional Reform and Governance Bill
Schedule 14 — Consequential amendments relating to Part 10
Part 3 — Amendments to other legislation
129

Part 3
Amendments to other legislation
Court Funds Rules 1987 (S.I. 1987/821)
27
In rule 63(2) for “National Audit Office” substitute “Comptroller and
Auditor General”.
5
Official Secrets Act 1989 (Prescription) Order 1990 (S.I. 1990/200)
28
In Schedule 1, at the appropriate place, insert—

“National
The members

Audit Office
and

employees of

10

the Office”

29
In Schedule 2 for “Member of staff of the National Audit Office” substitute
“Member of staff of the National Audit Office that was established by section
3 of the National Audit Act 1983”.
Race Relations (Prescribed Public Bodies) (No. 2) Regulations 1994 (S.I. 1994/1986)
15
30
In the Schedule the reference to old NAO is to be read as a reference to NAO.
Scotland Act 1998 (Transitory and Transitional Provisions) (Publication and Interpretation
etc of Acts of the Scottish Parliament) Order 1999 (S.I. 1999/1379)
31
In Schedule 2, in the definition of “Comptroller and Auditor General”, omit
“appointed in pursuance of the Exchequer and Audit Departments Act
20
1866”.
Public Interest Disclosure (Prescribed Persons) Order 1999 (S.I. 1999/1549)
32
In the Schedule for “Comptroller and Auditor General of the National Audit
Office” substitute “Comptroller and Auditor General”.
Greater London Authority (Disqualification) Order 2000 (S.I. 2000/432)
25
33
In the Schedule omit paragraph 13 and for paragraph 20 substitute—
“20
Member or employee of the National Audit Office.”
Financial Services and Markets Act 2000 (Disclosure of Confidential Information) Regulations
2001 (S.I. 2001/2188)
34
In regulation 12A for “the National Audit Office” substitute “the
30
Comptroller and Auditor General”.
Race Relations Act 1976 (Statutory Duties) Order 2001 (S.I. 2001/3458)
35    (1)
In Schedule 1—

Constitutional Reform and Governance Bill
Schedule 14 — Consequential amendments relating to Part 10
Part 3 — Amendments to other legislation
130

(a)
at the appropriate place insert “The Comptroller and Auditor
General”;
(b)
the reference to old NAO is to be read as a reference to NAO.
      (2)
Sub-paragraphs (3) and (4) apply in relation to any function that was a
function of old NAO by virtue of Schedule 1.
5
      (3)
Anything done by, on behalf of or in relation to old NAO has effect as if done
by, on behalf of or in relation to the relevant person, so far as necessary or
appropriate for continuing its effect after the coming into force of sub-
paragraph (1).
      (4)
Anything (including legal proceedings) which, immediately before the
10
coming into force of sub-paragraph (1), is in the process of being done by, on
behalf of or in relation to old NAO may be continued by, on behalf of or in
relation to the relevant person.
      (5)
“The relevant person” means—
(a)
in relation to matters within NAO’s functions, NAO;
15
(b)
in relation to matters within the Comptroller and Auditor General’s
functions, the Comptroller and Auditor General.
Disability Discrimination (Public Authorities) (Statutory Duties) Regulations 2005 (S.I.
2005/2966)
36    (1)
In Part 1 of Schedule 1—
20
(a)
at the appropriate place insert “The Comptroller and Auditor
General”;
(b)
the reference to old NAO is to be read as a reference to NAO.
      (2)
Sub-paragraphs (3) and (4) apply in relation to any function that was a
function of old NAO by virtue of Part 1 of Schedule 1.
25
      (3)
Anything done by, on behalf of or in relation to old NAO has effect as if done
by, on behalf of or in relation to the relevant person, so far as necessary or
appropriate for continuing its effect after the coming into force of sub-
paragraph (1).
      (4)
Anything (including legal proceedings) which, immediately before the
30
coming into force of sub-paragraph (1), is in the process of being done by, on
behalf of or in relation to old NAO may be continued by, on behalf of or in
relation to the relevant person.
      (5)
“The relevant person” means—
(a)
in relation to matters within NAO’s functions, NAO;
35
(b)
in relation to matters within the Comptroller and Auditor General’s
functions, the Comptroller and Auditor General.
Public Contracts Regulations 2006 (S.I. 2006/5)
37
In Schedule 1 the reference to old NAO is to be read as a reference to NAO.
Sex Discrimination Act 1975 (Public Authorities) (Statutory Duties) Order 2006 (S.I. 2006/
40
2930)
38    (1)
In the Schedule—

Constitutional Reform and Governance Bill
Schedule 15 — Amendments of Freedom of Information Act 2000
131

(a)
at the appropriate place insert “The Comptroller and Auditor
General”;
(b)
the reference to old NAO is to be read as a reference to NAO.
      (2)
Sub-paragraphs (3) and (4) apply in relation to any function that was a
function of old NAO by virtue of the Schedule.
5
      (3)
Anything done by, on behalf of or in relation to old NAO has effect as if done
by, on behalf of or in relation to the relevant person, so far as necessary or
appropriate for continuing its effect after the coming into force of sub-
paragraph (1).
      (4)
Anything (including legal proceedings) which, immediately before the
10
coming into force of sub-paragraph (1), is in the process of being done by, on
behalf of or in relation to old NAO may be continued by, on behalf of or in
relation to the relevant person.
      (5)
“The relevant person” means—
(a)
in relation to matters within NAO’s functions, NAO;
15
(b)
in relation to matters within the Comptroller and Auditor General’s
functions, the Comptroller and Auditor General.
Child Support Information Regulations 2008 (S.I. 2008/2551)
39    (1)
Amend regulation 14 as follows.
20
      (2)
After paragraph (a) insert—
“(aa)
a member or employee of the National Audit Office or any
other person who carries out administrative work of the
Office, or who provides or is employed in the provision of,
services to it;”.
25
      (3)
For paragraph (b) substitute—
“(b)
any member of the staff of the National Audit Office that was
established by section 3 of the National Audit Act 1983 or any
other person who carried out administrative work of that
Office, or who provided, or was employed in the provision
30
of, services to it;”.
Schedule 15
Section 86

Amendments of Freedom of Information Act 2000
1
The Freedom of Information Act 2000 (c. 36) is amended as follows.
2
In section 2(3) (exemptions not subject to public interest test) after paragraph
35
(e) insert—
“(ea)
in section 37, paragraphs (a) to (ab) of subsection (1), and
subsection (2) so far as relating to those paragraphs,”.
3
In section 37(1) (communications with Her Majesty, etc.), for paragraph (a)
substitute—
40
“(a)
communications with the Sovereign,

Constitutional Reform and Governance Bill
Schedule 15 — Amendments of Freedom of Information Act 2000
132

(aa)
communications with the heir to, or the person who is for the
time being second in line of succession to, the Throne,
(ab)
communications with a person who has subsequently
acceded to the Throne or become heir to, or second in line to,
the Throne,
5
(ac)
communications with other members of the Royal Family
(other than communications which fall within any of
paragraphs (a) to (ab) because they are made or received on
behalf of a person falling within any of those paragraphs),
and
10
(ad)
communications with the Royal Household (other than
communications which fall within any of paragraphs (a) to
(ac) because they are made or received on behalf of a person
falling within any of those paragraphs), or”.
4
In section 62(1) (meaning of “historical record”), for “thirty years” substitute
15
“twenty years”.
5     (1)
Section 63 (removal of exemptions: historical records generally) is amended
as follows.
      (2)
In subsection (1)—
(a)
omit “28,”, and
20
(b)
for “36, 37(1)(a), 42 or 43” substitute “or 42”.
      (3)
In subsection (2)—
(a)
omit “28(3),” and
(b)
for “36(3), 42(2) or 43(3)” substitute “or 42(2)”.
      (4)
After subsection (2) insert—
25
“(2A)
Information contained in a historical record cannot be exempt
information by virtue of section 36 except—
(a)
in a case falling within subsection (2)(a)(ii) of that section, or
(b)
in a case falling within subsection (2)(c) of that section where
the prejudice or likely prejudice relates to the effective
30
conduct of public affairs in Northern Ireland.
(2B)
Compliance with section 1(1)(a) in relation to a historical record is
not to be taken to have any of the effects referred to in subsection (3)
of section 36, except where the effect—
(a)
falls within subsection (2)(a)(ii) of that section, or
35
(b)
falls within subsection (2)(c) of that section and relates to the
effective conduct of public affairs in Northern Ireland.
(2C)
Information cannot be exempt information—
(a)
by virtue of section 28 or 43, or
(b)
by virtue of section 36 in the excepted cases mentioned in
40
subsection (2A),

after the end of the period of thirty years beginning with the year
following that in which the record containing the information was
created.
(2D)
Compliance with section 1(1)(a) in relation to any record is not to be
45
taken, at any time after the end of the period of thirty years beginning

Constitutional Reform and Governance Bill
Schedule 15 — Amendments of Freedom of Information Act 2000
133

with the year following that in which the record was created, to be
capable—
(a)
of prejudicing any of the matters referred to in section 28(1)
or 43(2), or
(b)
of having any of the effects referred to in section 36(3) in the
5
excepted cases mentioned in subsection (2B).
(2E)
Information cannot be exempt information by virtue of any of
paragraphs (a) to (ad) of section 37(1) after whichever is the later of—
(a)
the end of the period of five years beginning with the date of
the relevant death, and
10
(b)
the end of the period of twenty years beginning with the date
on which the record containing the information was created.
(2F)
In subsection (2E)(a) “the relevant death” means—
(a)
for the purposes of any of paragraphs (a) to (ac) of section
37(1), the death of the person referred to in the paragraph
15
concerned, or
(b)
for the purposes of section 37(1)(ad), the death of the
Sovereign reigning when the record containing the
information was created.”
6
After section 80 insert—
20
“80A
Information held by Northern Ireland bodies
(1)
This section applies to information held by—
(a)
the Northern Ireland Assembly,
(b)
a Northern Ireland department, or
(c)
a Northern Ireland public authority.
25
(2)
In their application to information to which this section applies, the
provisions of this Act have effect subject to the following
modifications.
(3)
Section 2(3) (exemptions not subject to public interest test) is to be
read as if paragraph (ea) were omitted.
30
(4)
Section 37(1) (communications with Her Majesty, etc) is to be read as
if for paragraphs (a) to (ad) there were substituted—
“(a)
communications with the Sovereign, with other members of the
Royal Family or with the Royal Household, or”.
(5)
Section 62(1) (meaning of “historical record”) is to be read as if the
35
reference to twenty years were a reference to thirty years.
(6)
Section 63 (removal of exemptions: historical records generally) is to
be read as if—
(a)
in subsection (1), for the words from “section” to the end
there were substituted “section 28, 30(1), 32, 33, 35, 36,
40
37(1)(a), 42 or 43”,
(b)
in subsection (2), for the words from “section” to the end
there were substituted “section 28(3), 33(3), 36(3), 42(2) or
43(3)”, and
(c)
subsections (2A) to (2F) were omitted.”
45