(b) anything done for the purposes of, or in relation to, a transfer under a
transfer scheme.

(2) The provision which may be made under subsection (1)(a) includes, in
particular, provision for—

(a) 5a tax provision not to apply, or to apply with modifications, in relation
to anything transferred,

(b) anything transferred to be treated in a specified way for the purposes
of a tax provision,

(c) the Secretary of State to be required or permitted to determine, or
10specify the method for determining, anything which needs to be
determined for the purposes of any tax provision so far as relating to
anything transferred.

(3) The provision which may be made under subsection (1)(b) includes, in
particular, provision for—

(a) 15a tax provision not to apply, or to apply with modifications, in relation
to anything done for the purposes of, or in relation to, the transfer,

(b) anything done for the purposes of, or in relation to, the transfer to have
or not have a specified consequence or be treated in a specified way,

(c) the Secretary of State to be required or permitted to determine, or
20specify the method for determining, anything which needs to be
determined for the purposes of any tax provision so far as relating to
anything done for the purposes of, or in relation to, the transfer.

(4) The power to make an order under this section—

(a) is exercisable by statutory instrument,

(b) 25includes power to make consequential, supplementary, incidental,
transitional, transitory or saving provision,

(c) may, in particular, be exercised by amending, repealing, revoking or
otherwise modifying any provision made by or under an enactment
(whenever passed or made).

(5) 30A statutory instrument containing an order under this section is subject to
annulment in pursuance of a resolution of the House of Commons.

(6) In this section—

• “enactment” includes an Act of the Scottish Parliament, a Measure or Act
  of the National Assembly for Wales and Northern Ireland legislation,

• 35“relevant tax” means income tax, corporation tax, capital gains tax, stamp
  duty, stamp duty reserve tax or stamp duty land tax,

• “tax provision” means any provision—

  (a)

  about a relevant tax, and

  (b)

  made by or under an enactment,

• 40“transfer scheme” means a transfer scheme under section 88,

and references to the transfer of property include the grant of a lease.

CHAPTER 4 Disregarding certain convictions for buggery etc.

General

92 Power of Secretary of State to disregard convictions or cautions

(1) A person who has been convicted of, or cautioned for, an offence under—

(a) 5section 12 of the Sexual Offences Act 1956 (buggery),

(b) section 13 of that Act (gross indecency between men), or

(c) section 61 of the Offences against the Person Act 1861 or section 11 of
the Criminal Law Amendment Act 1885 (corresponding earlier
offences),

10may apply to the Secretary of State for the conviction or caution to become a
disregarded conviction or caution.

(2) A conviction or caution becomes a disregarded conviction or caution when
conditions A and B are met.

(3) Condition A is that the Secretary of State decides that it appears that—

(a) 15the other person involved in the conduct constituting the offence
consented to it and was aged 16 or over, and

(b) any such conduct now would not be an offence under section 71 of the
Sexual Offences Act 2003 (sexual activity in a public lavatory).

(4) Condition B is that—

(a) 20the Secretary of State has given notice of the decision to the applicant
under section 94(4)(b), and

(b) the period of 14 days beginning with the day on which the notice was
given has ended.

(5) Sections 95 to 98 explain the effect of a conviction or caution becoming a
25disregarded conviction or caution.

93 Applications to the Secretary of State

(1) An application under section 92 must be in writing.

(2) It must state—

(a) the name, address and date of birth of the applicant,

(b) 30the name and address of the applicant at the time of the conviction or
caution,

(c) so far as known to the applicant, the time when and the place where the
conviction was made or the caution given and, for a conviction, the case
number, and

(d) 35such other information as the Secretary of State may require.

(3) It may include representations by the applicant or written evidence about the
matters mentioned in condition A in section 92.

94 Procedure for decisions by the Secretary of State

(1) In considering whether to make a decision of the kind mentioned in condition
A in section 92, the Secretary of State must, in particular, consider—

(a) any representations or evidence included in the application, and

(b) 5any available record of the investigation of the offence and of any
proceedings relating to it that the Secretary of State considers to be
relevant.

(2) The Secretary of State may not hold an oral hearing for the purpose of deciding
whether to make a decision of the kind mentioned in condition A in section 92.

(3) 10Subsection (4) applies if the Secretary of State—

(a) decides that it appears as mentioned in condition A in section 92, or

(b) makes a different decision in relation to the matters mentioned in that
condition.

(4) The Secretary of State must—

(a) 15record the decision in writing, and

(b) give notice of it to the applicant.

Effect of disregard

95 Effect of disregard on police and other records

(1) The Secretary of State must by notice direct the relevant data controller to
20delete details, contained in relevant official records, of a disregarded
conviction or caution.

(2) A notice under subsection (1) may be given at any time after condition A in
section 92 is met but no deletion may have effect before condition B in that
section is met.

(3) 25Subject to that, the relevant data controller must delete the details as soon as
reasonably practicable.

(4) Having done so, the relevant data controller must give notice to the person
who has the disregarded conviction or caution that the details of it have been
deleted.

(5) 30In this section—

• “delete”, in relation to such relevant official records as may be prescribed,
  means record with the details of the conviction or caution concerned—

  (a)

  the fact that it is a disregarded conviction or caution, and

  (b)

  the effect of it being such a conviction or caution,

• 35“the names database” means the names database held by the National
  Policing Improvement Agency for the use of constables,

• “official records” means records containing information about persons
  convicted of, or cautioned for, offences and kept by any court, police
  force, government department or local or other public authority in
  40England and Wales for the purposes of its functions,

• “prescribed” means prescribed by order of the Secretary of State,

• “relevant data controller” means—

  Protection of Freedoms BillPage 83

  (a)

  in relation to the names database, any chief officer of police of a
  police force in England and Wales who is a data controller in
  relation to the details concerned,

  (b)

  in relation to other relevant official records, such person as may
  5be prescribed,

• “relevant official records” means—

  (a)

  the names database, and

  (b)

  such other official records as may be prescribed.

(6) An order under this section—

(a) 10may make different provision for different purposes,

(b) is to be made by statutory instrument which is subject to annulment in
pursuance of a resolution of either House of Parliament.

96 Effect of disregard for disclosure and other purposes

(1) A person who has a disregarded conviction or caution is to be treated for all
15purposes in law as if the person has not—

(a) committed the offence,

(b) been charged with, or prosecuted for, the offence,

(c) been convicted of the offence,

(d) been sentenced for the offence, or

(e) 20been cautioned for the offence.

(2) In particular—

(a) no evidence is to be admissible in any proceedings before a judicial
authority exercising its jurisdiction or functions in England and Wales
to prove that the person has done, or undergone, anything within
25subsection (1)(a) to (e), and

(b) the person is not, in any such proceedings, to be asked (and, if asked, is
not to be required to answer) any question relating to the person’s past
which cannot be answered without acknowledging or referring to the
conviction or caution or any circumstances ancillary to it.

(3) 30Where a question is put to a person, other than in such proceedings, seeking
information with respect to the previous convictions, cautions, offences,
conduct or circumstances of any person—

(a) the question is to be treated as not relating to any disregarded
conviction or caution, or any circumstances ancillary to it (and the
35answer to the question may be framed accordingly), and

(b) the person questioned is not to be subjected to any liability or otherwise
prejudiced in law by reason of any failure to acknowledge or disclose
that conviction or caution or any circumstances ancillary to it in
answering the question.

(4) 40Any obligation imposed on any person by any enactment or rule of law or by
the provisions of any agreement or arrangement to disclose any matters to any
other person is not to extend to requiring the disclosure of a disregarded
conviction or caution or any circumstances ancillary to it.

(5) A disregarded conviction or caution, or any circumstances ancillary to it, is not
45a proper ground for—

(a) dismissing or excluding a person from any office, profession,
occupation or employment, or

(b) prejudicing the person in any way in any office, profession, occupation
or employment.

(6) This section is subject to section 97 but otherwise applies despite any
enactment or rule of law to the contrary.

(7) 5See also section 98 (meaning of “proceedings before a judicial authority” and
“circumstances ancillary to a conviction or caution”).

97 Saving for Royal pardons etc.

Nothing in section 96 affects any right of Her Majesty, by virtue of Her Royal
prerogative or otherwise, to grant a free pardon, to quash any conviction or
10sentence, or to commute any sentence.

98 Section 96: supplementary

(1) In section 96 “proceedings before a judicial authority” includes (in addition to
proceedings before any of the ordinary courts of law) proceedings before any
tribunal, body or person having power—

(a) 15by virtue of any enactment, law, custom or practice,

(b) under the rules governing any association, institution, profession,
occupation or employment, or

(c) under any provision of an agreement providing for arbitration with
respect to questions arising under that agreement,

20to determine any question affecting the rights, privileges, obligations or
liabilities of any person, or to receive evidence affecting the determination of
any such question.

(2) For the purposes of section 96, circumstances ancillary to a conviction are any
circumstances of—

(a) 25the offence which was the subject of the conviction;

(b) the conduct constituting the offence;

(c) any process or proceedings preliminary to the conviction;

(d) any sentence imposed in respect of the conviction;

(e) any proceedings (whether by way of appeal or otherwise) for
30reviewing the conviction or any such sentence;

(f) anything done in pursuance of, or undergone in compliance with, any
such sentence.

(3) For the purposes of section 96, circumstances ancillary to a caution are any
circumstances of—

(a) 35the offence which was the subject of the caution;

(b) the conduct constituting the offence;

(c) any process preliminary to the caution (including consideration by any
person of how to deal with the offence and the procedure for giving the
caution);

(d) 40any proceedings for the offence which take place before the caution is
given;

(e) anything which happens after the caution is given for the purpose of
bringing any such proceedings to an end;

(f) any judicial review proceedings relating to the caution;

(g) in the case of a warning under section 65 of the Crime and Disorder Act
1998 (reprimands and warnings for persons aged under 18), anything
done in pursuance of, or undergone in compliance with, a requirement
to participate in a rehabilitation programme under section 66(2) of that
5Act.

Appeals and other supplementary provision

99 Appeal against refusal to disregard convictions or cautions

(1) The applicant may appeal to the High Court if—

(a) the Secretary of State makes a decision of the kind mentioned in section
1094(3)(b), and

(b) the High Court gives permission for an appeal against the decision.

(2) On such an appeal, the High Court must make its decision only on the basis of
the evidence that was available to the Secretary of State.

(3) If the High Court decides that it appears as mentioned in condition A in section
1592, it must make an order to that effect.

(4) Otherwise it must dismiss the appeal.

(5) A conviction or caution to which an order under subsection (3) relates becomes
a disregarded conviction or caution when the period of 14 days beginning with
the day on which the order was made has ended.

(6) 20There is no appeal from a decision of the High Court under this section.

100 Advisers

(1) The Secretary of State may appoint persons to advise whether, in any case
referred to them by the Secretary of State, the Secretary of State should decide
as mentioned in condition A in section 92.

(2) 25The Secretary of State may disclose to a person so appointed such information
(including anything within section 94(1)(a) or (b)) as the Secretary of State
considers relevant to the provision of such advice.

(3) The Secretary of State may pay expenses and allowances to a person so
appointed.

101 30Interpretation: Chapter 4

(1) In this Chapter—

• “caution” means—

  (a)

  a caution given to a person in England and Wales in respect of
  an offence which, at the time the caution is given, that person
  35has admitted, or

  (b)

  a reprimand or warning given under section 65 of the Crime
  and Disorder Act 1998 (reprimands and warnings for persons
  aged under 18),

• “conviction” includes—

  Protection of Freedoms BillPage 86

  (a)

  a finding that a person is guilty of an offence in respect of
  conduct which was the subject of service disciplinary
  proceedings,

  (b)

  a conviction in respect of which an order has been made
  5discharging the person concerned absolutely or conditionally,
  and

  (c)

  a finding in any criminal proceedings (including a finding
  linked with a finding of insanity) that a person has committed
  an offence or done the act or made the omission charged,

• 10“disregarded caution” is a caution which has become a disregarded
  caution by virtue of this Chapter,

• “disregarded conviction” is a conviction which has become a disregarded
  conviction by virtue of this Chapter,

• “document” includes information recorded in any form and, in relation to
  15information recorded otherwise than in legible form, references to its
  provision or production include providing or producing a copy of the
  information in legible form,

• “information” includes documents,

• “notice” means notice in writing,

• 20“official records” has the meaning given by section 95(5),

• “sentence” includes—

  (a)

  any punishment awarded, and

  (b)

  any order made by virtue of Schedule 5A to the Army Act 1955,
  Schedule 5A to the Air Force Act 1955 or Schedule 4A to the
  25Naval Discipline Act 1957,

  in respect of a finding that a person is guilty of an offence in respect of
  conduct which was the subject of service disciplinary proceedings,

• “service disciplinary proceedings” means any proceedings (whether in
  England and Wales or elsewhere)—

  (a)

  30under the Naval Discipline Act 1866, the Army Act 1881, the Air
  Force Act 1917, the Army Act 1955, the Air Force Act 1955 or the
  Naval Discipline Act 1957 (whether before a court-martial or
  before any other court or person authorised under the
  enactment concerned to award a punishment in respect of an
  35offence), or

  (b)

  before a Standing Civilian Court established under the Armed
  Forces Act 1976.

(2) Paragraph (b) of the definition of “conviction” applies despite the following
(which deem a conviction of a person discharged not to be a conviction)—

(a) 40section 14 of the Powers of Criminal Courts (Sentencing) Act 2000, and

(b) section 187 of the Armed Forces Act 2006 or any corresponding earlier
enactment.

(3) The references in section 92(1) to offences under particular provisions are to be
read as including references to offences under—

(a) 45section 45 of the Naval Discipline Act 1866,

(b) section 41 of the Army Act 1881,

(c) section 41 of the Air Force Act 1917,

(d) section 70 of the Army Act 1955,

(e) section 70 of the Air Force Act 1955, or

(f) 50section 42 of the Naval Discipline Act 1957,

which are such offences by virtue of those provisions.

(4) The reference in section 92(3)(b) to an offence under section 71 of the Sexual
Offences Act 2003 is to be read as including a reference to an offence under
section 42 of the Armed Forces Act 2006 which is such an offence by virtue of
5section 71 of the Act of 2003.

(5) In this Chapter a reference to an offence includes—

(a) a reference to an attempt, conspiracy or incitement to commit that
offence, and

(b) a reference to aiding, abetting, counselling or procuring the
10commission of that offence.

(6) In the case of an attempt, conspiracy or incitement, the references in this
Chapter to the conduct constituting the offence are references to the conduct to
which the attempt, conspiracy or incitement related (whether or not that
conduct occurred).

(7) 15For the purposes of subsections (5) and (6) an attempt to commit an offence
includes conduct which—

(a) consisted of frequenting with intent to commit the offence any river,
canal, street, highway, place of public resort or other location
mentioned in section 4 of the Vagrancy Act 1824 (as it then had effect)
20in connection with frequenting by suspected persons or reputed thiefs,
and

(b) was itself an offence under that section.

Part 6 Freedom of information and data protection

25Publication of certain datasets

102 Release and publication of datasets held by public authorities

(1) The Freedom of Information Act 2000 is amended as follows.

(2) In section 11 (means by which communication to be made)—

(a) after subsection (1) insert—

“(1A) 30Where—

(a) an applicant makes a request for information to a public
authority in respect of information that is, or forms part
of, a dataset held by the public authority, and

(b) on making the request for information, the applicant
35expresses a preference for communication by means of
the provision to the applicant of a copy of the
information in electronic form,

the public authority must, so far as reasonably practicable,
provide the information to the applicant in an electronic form
40which is capable of re-use.”,

(b) in subsection (4), for “subsection (1)” substitute “subsections (1) and
(1A)”, and

(c) after subsection (4) insert—

“(5) In this Act “dataset” means information comprising a collection
of information held in electronic form where all or most of the
information in the collection—

(a) 5has been obtained or recorded for the purpose of
providing a public authority with information in
connection with the provision of a service by the
authority or the carrying out of any other function of the
authority,

(b) 10is factual information which—

(i) is not the product of analysis or interpretation
other than calculation, and

(ii) is not an official statistic (within the meaning
given by section 6(1) of the Statistics and
15Registration Service Act 2007), and

(c) remains presented in a way that (except for the purpose
of forming part of the collection) has not been organised,
adapted or otherwise materially altered since it was
obtained or recorded.”

(3) 20After section 11 (means by which communication to be made) insert—

“11A Release of datasets for re-use

(1) This section applies where—

(a) a person makes a request for information to a public authority
in respect of information that is, or forms part of, a dataset held
25by the authority,

(b) any of the dataset or part of a dataset so requested is a relevant
copyright work,

(c) the public authority is the only owner of the relevant copyright
work, and

(d) 30the public authority is communicating the relevant copyright
work to the applicant in accordance with this Act.

(2) When communicating the relevant copyright work to the applicant, the
public authority must make the relevant copyright work available for
re-use by the applicant in accordance with the terms of the specified
35licence.

(3) The public authority may exercise any power that it has by virtue of
regulations under section 11B to charge a fee in connection with
making the relevant copyright work available for re-use in accordance
with subsection (2).

(4) 40Nothing in this section or section 11B prevents a public authority which
is subject to a duty under subsection (2) from exercising any power that
it has by or under an enactment other than this Act to charge a fee in
connection with making the relevant copyright work available for re-
use.

(5) 45Where a public authority intends to charge a fee (whether in
accordance with regulations under section 11B or as mentioned in
subsection (4)) in connection with making a relevant copyright work
available for re-use by an applicant, the authority must give the

applicant a notice in writing (in this section referred to as a “re-use fee
notice”) stating that a fee of an amount specified in, or determined in
accordance with, the notice is to be charged by the authority in
connection with complying with subsection (2).

(6) 5Where a re-use fee notice has been given to the applicant, the public
authority is not obliged to comply with subsection (2) while any part of
the fee which is required to be paid is unpaid.

(7) Where a public authority intends to charge a fee as mentioned in
subsection (4), the re-use fee notice may be combined with any other
10notice which is to be given under the power which enables the fee to be
charged.

(8) In this section—

• “copyright owner” has the meaning given by Part 1 of the
  Copyright, Designs and Patents Act 1988 (see section 173 of that
  15Act);

• “copyright work” has the meaning given by Part 1 of the Act of
  1988 (see section 1(2) of that Act);

• “database” has the meaning given by section 3A of the Act of 1988;

• “database right” has the same meaning as in Part 3 of the
  20Copyright and Rights in Databases Regulations 1997 (S.I. 1997/
  3032);

• “owner”, in relation to a relevant copyright work, means—

  (a)

  the copyright owner, or

  (b)

  the owner of the database right in the database;

• 25“relevant copyright work” means—

  (a)

  a copyright work, or

  (b)

  a database subject to a database right,

  but excludes a relevant Crown work or a relevant
  Parliamentary work;

• 30“relevant Crown work” means—

  (a)

  a copyright work in relation to which the Crown is the
  copyright owner, or

  (b)

  a database in relation to which the Crown is the owner
  of the database right;

• 35“relevant Parliamentary work” means—

  (a)

  a copyright work in relation to which the House of
  Commons or the House of Lords is the copyright owner,
  or

  (b)

  a database in relation to which the House of Commons
  40or the House of Lords is the owner of the database right;

• “the specified licence” is the licence specified by the Secretary of
  State in a code of practice issued under section 45, and the
  Secretary of State may specify different licences for different
  purposes.

11B 45Power to charge fees in relation to release of datasets for re-use

(1) The Secretary of State may, with the consent of the Treasury, make
provision by regulations about the charging of fees by public
authorities in connection with making relevant copyright works