Protection of Freedoms Bill (HL Bill 128)

adapted or otherwise materially altered since it was
obtained or recorded.”

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

“11A Release of datasets for re-use

(1) 5This 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
by the authority,

(b) any of the dataset or part of a dataset so requested is a relevant
10copyright work,

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

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

(2) 15When 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
licence.

(3) The public authority may exercise any power that it has by virtue of
20regulations 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) Nothing in this section or section 11B prevents a public authority which
is subject to a duty under subsection (2) from exercising any power that
25it 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) Where a public authority intends to charge a fee (whether in
accordance with regulations under section 11B or as mentioned in
30subsection (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
35connection with complying with subsection (2).

(6) Where 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
40subsection (4), the re-use fee notice may be combined with any other
notice 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
  45Copyright, Designs and Patents Act 1988 (see section 173 of that
  Act);

Protection of Freedoms BillPage 91

• “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
  5Copyright 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;

• 10“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;

• 15“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;

• 20“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
  25or 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 30Power 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
available for re-use under section 11A(2) or by virtue of section
3519(2A)(c).

(2) Regulations under this section may, in particular—

(a) prescribe cases in which fees may, or may not, be charged,

(b) prescribe the amount of any fee payable or provide for any such
amount to be determined in such manner as may be prescribed,

(c) 40prescribe, or otherwise provide for, times at which fees, or parts
of fees, are payable,

(d) require the provision of information about the manner in which
amounts of fees are determined,

(e) make different provision for different purposes.

(3) 45Regulations under this section may, in prescribing the amount of any
fee payable or providing for any such amount to be determined in such
manner as may be prescribed, provide for a reasonable return on
investment.

(4) In this section “relevant copyright work” has the meaning given by
section 11A(8).”

(4) In section 19 (publication schemes)—

(a) after subsection (2) insert—

“(2A) 5A publication scheme must, in particular, include a requirement
for the public authority concerned—

(a) to publish—

(i) any dataset held by the authority in relation to
which a person makes a request for information
10to the authority, and

(ii) any up-dated version held by the authority of
such a dataset,

unless the authority is satisfied that it is not appropriate
for the dataset to be published,

(b) 15where reasonably practicable, to publish any dataset the
authority publishes by virtue of paragraph (a) in an
electronic form which is capable of re-use,

(c) where any information in a dataset published by virtue
of paragraph (a) is a relevant copyright work in relation
20to which the authority is the only owner, to make the
information available for re-use in accordance with the
terms of the specified licence.

(2B) The public authority may exercise any power that it has by
virtue of regulations under section 11B to charge a fee in
25connection with making the relevant copyright work available
for re-use in accordance with a requirement imposed by virtue
of subsection (2A)(c).

(2C) Nothing in this section or section 11B prevents a public
authority which is subject to such a requirement from exercising
30any 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.

(2D) Where a public authority intends to charge a fee (whether in
accordance with regulations under section 11B or as mentioned
35in subsection (2C)) 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
40notice is to be charged by the authority in connection with
complying with the requirement imposed by virtue of
subsection (2A)(c).

(2E) Where a re-use fee notice has been given to the applicant, the
public authority is not obliged to comply with the requirement
45imposed by virtue of subsection (2A)(c) while any part of the fee
which is required to be paid is unpaid.

(2F) Where a public authority intends to charge a fee as mentioned
in subsection (2C), the re-use fee notice may be combined with

any other notice which is to be given under the power which
enables the fee to be charged.”, and

(b) after subsection (7) insert—

“(8) In this section—

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

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

• 10“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
  Copyright and Rights in Databases Regulations 1997
  (S.I. 1997/3032S.I. 1997/3032);

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

  (a)

  the copyright owner, or

  (b)

  the owner of the database right in the database;

• “relevant copyright work” means—

  (a)

  a copyright work, or

  (b)

  20a database subject to a database right,

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

• “relevant Crown work” means—

  (a)

  a copyright work in relation to which the Crown
  25is the copyright owner, or

  (b)

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

• “relevant Parliamentary work” means—

  (a)

  a copyright work in relation to which the House
  30of Commons or the House of Lords is the
  copyright owner, or

  (b)

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

• 35“the specified licence” has the meaning given by section
  11A(8).”

(5) In section 45 (issue of code of practice)—

(a) in subsection (2), after paragraph (d) (and before the word “and” at the
end of the paragraph), insert—

“(da) 40the disclosure by public authorities of datasets held by
them,”,

(b) after subsection (2) insert—

“(2A) Provision of the kind mentioned in subsection (2)(da) may, in
particular, include provision relating to—

(a) 45the giving of permission for datasets to be re-used,

(b) the disclosure of datasets in an electronic form which is
capable of re-use,

(c) the making of datasets available for re-use in accordance
with the terms of a licence,

(d) other matters relating to the making of datasets
available for re-use,

(e) standards applicable to public authorities in connection
with the disclosure of datasets.”, and

(c) 5in subsection (3) for “The code” substitute “Any code under this
section”.

(6) In section 84 (interpretation), after the definition of “the Commissioner”,
insert—

• ““dataset” has the meaning given by section 11(5);”.

10Other amendments relating to freedom of information

103 Meaning of “publicly-owned company”

(1) Section 6 of the Freedom of Information Act 2000 (publicly-owned companies)
is amended as follows.

(2) In subsection (1)—

(a) 15omit “or” at the end of paragraph (a),

(b) in paragraph (b) for the words from “any public authority” to
“particular information” substitute “the wider public sector”, and

(c) after paragraph (b) insert “, or

(c) it is wholly owned by the Crown and the wider public
20sector.”

(3) For subsection (2) substitute—

“(2) For the purposes of this section—

(a) a company is wholly owned by the Crown if, and only if, every
member is a person falling within sub-paragraph (i) or (ii)—

(i) 25a Minister of the Crown, government department or
company wholly owned by the Crown, or

(ii) a person acting on behalf of a Minister of the Crown,
government department or company wholly owned by
the Crown,

(b) 30a company is wholly owned by the wider public sector if, and
only if, every member is a person falling within sub-paragraph
(i) or (ii)—

(i) a relevant public authority or a company wholly owned
by the wider public sector, or

(ii) 35a person acting on behalf of a relevant public authority
or of a company wholly owned by the wider public
sector, and

(c) a company is wholly owned by the Crown and the wider public
sector if, and only if, condition A, B or C is met.

(2A) 40In subsection (2)(c)—

(a) condition A is met if—

(i) at least one member is a person falling within subsection
(2)(a)(i) or (ii),

(ii) at least one member is a person falling within subsection
45(2)(b)(i) or (ii), and

(iii) every member is a person falling within subsection
(2)(a)(i) or (ii) or (b)(i) or (ii),

(b) condition B is met if—

(i) at least one member is a person falling within subsection
5(2)(a)(i) or (ii) or (b)(i) or (ii),

(ii) at least one member is a company wholly owned by the
Crown and the wider public sector, and

(iii) every member is a person falling within subsection
(2)(a)(i) or (ii) or (b)(i) or (ii) or a company wholly owned
10by the Crown and the wider public sector, and

(c) condition C is met if every member is a company wholly owned
by the Crown and the wider public sector.”

(4) In subsection (3), at the end, insert—

• ““relevant public authority” means any public authority listed in
  15Schedule 1 other than—

  (a)

  a government department, or

  (b)

  any authority which is listed only in relation to
  particular information”.

104 Extension of certain provisions to Northern Ireland bodies

(1) 20Omit—

(a) section 80A of the Freedom of Information Act 2000 (which modifies, in
relation to information held by Northern Ireland bodies, certain
provisions of the Act relating to historical records etc.), and

(b) paragraph 6 of Schedule 7 to the Constitutional Reform and
25Governance Act 2010 (which inserts section 80A into the Act of 2000).

(2) The power of the Secretary of State under section 46(2) to (5) of the Act of 2010
to make transitional, transitory or saving provision in connection with the
coming into force of paragraph 4 of Schedule 7 to that Act includes power to
make such provision in connection with the coming into force of that
30paragraph of that Schedule as it has effect by virtue of this section.

The Information Commissioner

105 Appointment and tenure of Information Commissioner

(1) In paragraph 2(1) of Schedule 5 to the Data Protection Act 1998 (maximum
term of appointment for the Information Commissioner) for “five years”
35substitute “seven years”.

(2) After paragraph 2(3) of that Schedule to that Act (removal of the Information
Commissioner from office) insert—

“(3A) No motion is to be made in either House of Parliament for such an
Address unless a Minister of the Crown has presented a report to
40that House stating that the Minister is satisfied that one or more of
the following grounds is made out—

(a) the Commissioner has failed to discharge the functions of the
office for a continuous period of at least 3 months,

(b) the Commissioner has failed to comply with the terms of
45appointment,

(c) the Commissioner has been convicted of a criminal offence,

(d) the Commissioner is an undischarged bankrupt or the
Commissioner’s estate has been sequestrated in Scotland and
the Commissioner has not been discharged,

(e) 5the Commissioner has made an arrangement or composition
contract with, or has granted a trust deed for, the
Commissioner’s creditors,

(f) the Commissioner is otherwise unfit to hold the office or
unable to carry out its functions.

(3B) 10No recommendation may be made to Her Majesty for the
appointment of a person as the Commissioner unless the person
concerned has been selected on merit on the basis of fair and open
competition.

(3C) A person appointed as the Commissioner may not be appointed
15again for a further term of office.”

(3) Omit paragraph 2(4) and (5) of that Schedule to that Act (termination of term
of office on attaining 65 years of age etc. and eligibility for re-appointment).

(4) In the italic heading to paragraph 2 of that Schedule to that Act, after “office”
insert “and appointment”.

(5) 20Omit section 18(5) to (7) of the Freedom of Information Act 2000 (spent
provisions about period of office of Data Protection Commissioner as first
Information Commissioner and application of paragraph 2(4)(b) and (5) of
Schedule 5 to the Act of 1998 to that person).

106 Alteration of role of Secretary of State in relation to guidance powers

(1) 25For section 41C(7) of the Data Protection Act 1998 (code of practice about
assessment notices: requirement for approval of Secretary of State)
substitute—

“(7) The Commissioner must consult the Secretary of State before issuing
the code (or an altered or replacement code).”

(2) 30In section 52B of that Act (data-sharing code: approval by the Secretary of
State)—

(a) for subsections (1) to (3) substitute—

“(1) When a code is prepared under section 52A, the Commissioner
must—

(a) 35consult the Secretary of State, and

(b) submit the final version of the code to the Secretary of
State.

(2) The Secretary of State must lay the code before Parliament.”,
and”

(b) 40in subsection (6) for the words from the beginning to “the
Commissioner” substitute “Where such a resolution is passed, the
Commissioner”.

(3) For section 55C(5) of that Act (guidance about monetary penalty notices:

requirement for approval of Secretary of State) substitute—

“(5) The Commissioner must consult the Secretary of State before issuing
any guidance under this section.”

107 Removal of Secretary of State consent for fee-charging powers etc.

(1) 5In section 51 of the Data Protection Act 1998 (general duties of the Information
Commissioner)—

(a) in subsection (8) (power to charge fees, with the consent of the Secretary
of State, in relation to any Part 6 services)—

(i) omit “with the consent of the Secretary of State”, and

(ii) 10before “services” insert “relevant”, and

(b) after subsection (8) insert—

“(8A) In subsection (8) “relevant services” means—

(a) the provision to the same person of more than one copy
of any published material where each of the copies of
15the material is either provided on paper, a portable disk
which stores the material electronically or a similar
medium,

(b) the provision of training, or

(c) the provision of conferences.

(8B) 20The Secretary of State may by order amend subsection (8A).”

(2) In section 67(5)(a) of that Act (orders under the Act subject to negative
procedure) after “51(3)” insert “or (8B)”.

(3) In section 47 of the Freedom of Information Act 2000 (general functions of the
Information Commissioner)—

(a) 25in subsection (4) (power to charge fees, with the consent of the Secretary
of State, in relation to services provided under that section)—

(i) omit “with the consent of the Secretary of State”, and

(ii) before “services” insert “relevant”, and

(b) after subsection (4) insert—

“(4A) 30In subsection (4) “relevant services” means—

(a) the provision to the same person of more than one copy
of any published material where each of the copies of
the material is either provided on paper, a portable disk
which stores the material electronically or a similar
35medium,

(b) the provision of training, or

(c) the provision of conferences.

(4B) The Secretary of State may by order amend subsection (4A).

(4C) An order under subsection (4B) may include such transitional
40or saving provision as the Secretary of State considers
appropriate.

(4D) The Secretary of State must consult the Commissioner before
making an order under subsection (4B).”

(4) In section 82(3)(a) of that Act (orders under the Act subject to negative
procedure) after “4(1)” insert “or 47(4B)”.

108 Removal of Secretary of State approval for staff numbers, terms etc.

(1) Paragraph 4 of Schedule 5 to the Data Protection Act 1998 (appointment of
5officers and staff of the Information Commissioner) is amended as follows.

(2) After sub-paragraph (4) insert—

“(4A) In making appointments under this paragraph, the Commissioner
must have regard to the principle of selection on merit on the basis
of fair and open competition.”

(3) 10Omit sub-paragraph (5) (approval of Secretary of State required for number,
and terms and conditions, of persons to be appointed).

Part 7 Miscellaneous and general

Trafficking people for exploitation

109 15Trafficking people for sexual exploitation

(1) The Sexual Offences Act 2003 is amended as follows.

(2) For sections 57 to 59 (trafficking people for sexual exploitation) substitute—

“59A Trafficking people for sexual exploitation

(1) A person (“A”) commits an offence if A intentionally arranges or
20facilitates—

(a) the arrival in, or entry into, the United Kingdom or another
country of another person (“B”),

(b) the travel of B within the United Kingdom or another country,
or

(c) 25the departure of B from the United Kingdom or another
country,

with a view to the sexual exploitation of B.

(2) For the purposes of subsection (1)(a) and (c) A’s arranging or
facilitating is with a view to the sexual exploitation of B if, and only if—

(a) 30A intends to do anything to or in respect of B, after B’s arrival,
entry or (as the case may be) departure but in any part of the
world, which if done will involve the commission of a relevant
offence, or

(b) A believes that another person is likely to do something to or in
35respect of B, after B’s arrival, entry or (as the case may be)
departure but in any part of the world, which if done will
involve the commission of a relevant offence.

(3) For the purposes of subsection (1)(b) A’s arranging or facilitating is
with a view to the sexual exploitation of B if, and only if—

(a) A intends to do anything to or in respect of B, during or after the
journey and in any part of the world, which if done will involve
the commission of a relevant offence, or

(b) A believes that another person is likely to do something to or in
5respect of B, during or after the journey and in any part of the
world, which if done will involve the commission of a relevant
offence.

(4) A person who is a UK national commits an offence under this section
regardless of—

(a) 10where the arranging or facilitating takes place, or

(b) which country is the country of arrival, entry, travel or (as the
case may be) departure.

(5) A person who is not a UK national commits an offence under this
section if—

(a) 15any part of the arranging or facilitating takes place in the United
Kingdom, or

(b) the United Kingdom is the country of arrival, entry, travel or (as
the case may be) departure.

(6) A person guilty of an offence under this section is liable—

(a) 20on summary conviction, to imprisonment for a term not
exceeding 12 months or a fine not exceeding the statutory
maximum or both;

(b) on conviction on indictment, to imprisonment for a term not
exceeding 14 years.

(7) 25In relation to an offence committed before the commencement of
section 154(1) of the Criminal Justice Act 2003, the reference in
subsection (6)(a) to 12 months is to be read as a reference to 6 months.”

(3) For subsection (1) of section 60 (sections 57 to 59: interpretation) substitute—

“(1) In section 59A—

• 30“country” includes any territory or other part of the world;

• “relevant offence” means—

  (a)

  any offence under the law of England and Wales which
  is an offence under this Part or under section 1(1)(a) of
  the Protection of Children Act 1978, or

  (b)

  35anything done outside England and Wales which is not
  an offence within paragraph (a) but would be if done in
  England and Wales;

• “UK national” means—

  (a)

  a British citizen,

  (b)

  40a person who is a British subject by virtue of Part 4 of the
  British Nationality Act 1981 and who has the right of
  abode in the United Kingdom, or

  (c)

  a person who is a British overseas territories citizen by
  virtue of a connection with Gibraltar.”

(4) 45Omit section 60(2) (sections 57 to 59: jurisdiction).

(5) Accordingly, the title of section 60 becomes “Section 59A: interpretation”.