Office of Public Sector Information
Section 61(1).
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.”
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)”.
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.
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.”
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.
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.”
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—
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.”
Freedom of Information Act 2000