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Government Spending (Website) Bill [HL]


 

Government Spending (Website) Bill [HL]

 

 
 

Contents

1   

Creation of government expenditure website

2   

Power of Treasury to extend website to expenditure by other bodies

3   

Power of Treasury to specify content and availability of website

4   

Exempt information

5   

Data Protection Act

6   

Information Commissioner

7   

Annual report

8   

Regulations

9   

Short title and commencement

 

Bill 81                                                                                                 

54/2

 
 

Government Spending (Website) Bill [HL]

1

 

[NOTE: The words marked in bold type were inserted by the Lords to avoid

questions of privilege.]

A

Bill

To

Make provision for a website in order to enable public access to information

about government expenditure; and for connected purposes. 

Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and

consent of the Lords Spiritual and Temporal, and Commons, in this present

Parliament assembled, and by the authority of the same, as follows:—

1       

 Creation of government expenditure website

(1)   

The Treasury shall create, or cause to be created, a publicly searchable website

containing information about expenditure by all government departments and

executive agencies.

(2)   

Expenditure which derives, directly or indirectly, from the Scottish

5

Consolidated Fund or the Welsh Consolidated Fund is not covered by this Act.

(3)   

Access to the information on the website must not be conditional on the

payment of any fee.

(4)   

Information about expenditure by government departments or executive

agencies must be available on the website within 30 days of the date on which

10

the expenditure was incurred.

(5)   

The information in subsection (4) must remain available for a period ending

five years after the end of the financial year in which the expenditure was

incurred.

(6)   

In this Act “financial year” means the period of 12 months ending with 31

15

March in any year.

2       

Power of Treasury to extend website to expenditure by other bodies

(1)   

The Treasury may by regulations require any body or person in the public

sector which receives funding directly or indirectly from a government

department or executive agency to provide information about its expenditure

20

for inclusion on the website in the same way as that required for government

departments or executive agencies.

 
Bill 81 54/2
 
 

Government Spending (Website) Bill [HL]

2

 

(2)   

A person or body is in the public sector for the purposes of this section if the

Office for National Statistics classifies it to the public sector in the national

accounts.

3       

Power of Treasury to specify content and availability of website

(1)   

The Treasury may by regulations specify the content and availability of the

5

website required by section 1 including, but not limited to—

(a)   

the times during which the website must be available for public access;

(b)   

the nature of the information that must be made available; and

(c)   

the use of classification or coding systems in order to facilitate analysis

of the expenditure.

10

(2)   

The regulations may require different information to be made available for

items of expenditure above one or more specified thresholds.

4       

Exempt information

(1)   

This Act does not require information to be made available on the website if its

availability would, or would be likely to, prejudice—

15

(a)   

national security;

(b)   

the defence of the British Isles or of any colony;

(c)   

the capability, effectiveness or security of the armed forces of the

Crown and any forces cooperating with those forces; or

(d)   

relations between the United Kingdom and any other State,

20

international organisation or international court.

(2)   

In this section—

“international court” means any international court which is not an

international organisation and which is established—

(a)   

by a resolution of an international organisation of which the

25

United Kingdom is a member, or

(b)   

by an international agreement to which the United Kingdom is

a party;

“international organisation” means any international organisation whose

members include any two or more States, or any organ of such an

30

organisation;

“State” includes the government of any State and any organ of its

government, and references to a State other than the United Kingdom

include references to any territory outside the United Kingdom.

5       

Data Protection Act

35

Nothing in this Act authorises the processing, obtaining, holding, use or

disclosure of information in contravention of the Data Protection Act 1998

(c. 29).

6       

Information Commissioner

(1)   

The Information Commissioner shall have the power to examine compliance

40

with this Act in response to a request by any person or otherwise.

 
 

Government Spending (Website) Bill [HL]

3

 

(2)   

The Secretary of State may make regulations which facilitate the exercise of the

power of the Information Commissioner under this Act.

7       

Annual report

(1)   

The Treasury shall prepare a report by the end of the financial year following

the coming into force of this Act, and annually thereafter, setting out—

5

(a)   

the extent to which the website has been available,

(b)   

the use made of the website, and

(c)   

the effectiveness of the website

   

for the purposes of allowing public access to information about government

expenditure.

10

(2)   

The report shall be laid before each House of Parliament.

8       

Regulations

(1)   

Any power of the Treasury to make regulations under this Act is exercisable by

statutory instrument.

(2)   

Any power of the Secretary of State to make regulations under this Act is

15

exercisable by statutory instrument.

(3)   

A statutory instrument containing regulations made by the Treasury under

section 2 (power of Treasury to extend the website to expenditure by other

bodies) must not be made unless a draft of the instrument has been laid before,

and approved by a resolution of, each House of Parliament.

20

(4)   

A statutory instrument containing regulations made under any other provision

of this Act is subject to annulment in pursuance of a resolution of either House

of Parliament.

9       

Short title and commencement

(1)   

This Act may be cited as the Government Spending (Website) Act 2007.

25

(2)   

This Act shall come into force at the end of the period of one year beginning

with the day on which it is passed.

(3)   

Nothing in this Act shall impose any charge on the people or on public

funds, or vary the amount or incidence of or otherwise alter any such charge

in any manner, or affect the assessment, levying, administration or

30

application of any money raised by any such charge.

 
 

 
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