House of Commons portcullis
House of Commons
Session 2006 - 07
Internet Publications
Other Bills before Parliament

Freedom of Information (Amendment) (No. 2) Bill


 

Freedom of Information (Amendment) (No. 2) Bill

 

 
 

Contents

1   

Public authorities

2   

Time for compliance with requests involving the public interest test

3   

Ministerial veto

4   

Fees regulations

5   

Commencement

6   

Short title and extent

 

Bill 121                                                                                                

54/2

 
 

Freedom of Information (Amendment) (No. 2) Bill

1

 

A

Bill

To

amend the Freedom of Information Act 2000 to remove the provisions

permitting Ministers to overrule decisions of the Information Commissioner

and Information Tribunal; to limit the time allowed for public authorities to

respond to requests involving consideration of the public interest; to amend

the definition of public authorities; 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       

Public authorities

(1)   

In section 3(1) of the Freedom of Information Act 2000 (c. 36) (public

authorities) at the end is inserted—

“(c)   

a public sector contractor as defined in section 6A, in respect of

information concerning a relevant contract or performance

5

under a relevant contract.”

(2)   

After section 6 of that Act there is inserted—

“6A     

Public sector contractors

(1)   

For the purpose of section 3(1)(c)—

(a)   

a “public sector contractor” is any person who, under the terms

10

of a relevant contract with one or more public authorities—

(i)   

provides any service whose provision is a function of

the authority or authorities; or

(ii)   

provides any service directly to the public; or

(iii)   

carries out activities which may affect the health and

15

safety of the public or the state of the environment; and

(b)   

a “relevant contract” is a contract whose value exceeds the sum

of one million pounds and which extends for a period of more

than 12 months.

(2)   

The right of access under section 1(1) applies to a public sector

20

contractor only in respect of information which relates to a relevant

 
Bill 121 54/2
 
 

Freedom of Information (Amendment) (No. 2) Bill

2

 

contract with one or more public authorities or to performance under

such a contract.

(3)   

In the case of a person who is a public sector contractor solely by virtue

of carrying out activities referred to in paragraph (iii) of subsection

(1)(a), the right of access under section 1(1) applies only to information

5

which relates to—

(a)   

the health and safety of the public, or

(b)   

the state of the environment, or

(c)   

policies, agreements, measures, activities, conduct or proposals

affecting or likely to affect any of those matters, whether or not

10

they are intended to do so.”

(3)   

In Part IV of Schedule 1 of that Act (public authorities: maintained schools and

other educational institutions) there is inserted at the appropriate place—

   

“The governing body of an Academy within the meaning of section

482(5) of the Education Act 2002 (c. 32).”

15

2       

Time for compliance with requests involving the public interest test

(1)   

Section 10 of the Freedom of Information Act 2000 (c. 36) (time for compliance

with request) is amended as follows.

(2)   

In section 10(1) for the words “and (3)” there is substituted “, (3) and (3A)”.

(3)   

In section 10(3) for the words “need not comply with section 1(1)(a) or (b) until

20

such time as is reasonable in the circumstances” there is substituted “shall

comply with section 1(1)(a) or (b) promptly and in any event not later than the

fortieth working day following receipt”.

(4)   

After section 10(3) there is inserted—

“(3A)   

In the case of a request which—

25

(a)   

is received by an appropriate records authority or by a person

at a place of deposit appointed under section 4(1) of the Public

Records Act 1958 (c. 51), and

(b)   

relates wholly or partly to information that may be contained in

a transferred public record and that has not been designated as

30

open information for the purposes of section 66 of this Act,

   

the public authority shall comply with section 1(1)(a) or (b) promptly

and in any event not later than the fiftieth working day following

receipt; but this subsection does not affect the time by which any notice

under section 17(1) must be given.”

35

3       

Ministerial veto

(1)   

Section 53 of the Freedom of Information Act 2000 (exception from duty to

comply with decision notice or enforcement notice) is omitted.

(2)   

The following provisions of that Act are also omitted—

(a)   

section 50(7);

40

(b)   

section 52(5);

(c)   

in section 82(2)(a) the words “53(1)(a)(iii)”.

 
 

Freedom of Information (Amendment) (No. 2) Bill

3

 

4       

Fees regulations

In section 82(2)(b) of the Freedom of Information Act 2000 (c. 36) (orders and

regulations) after “section” insert “9,”.

5       

Commencement

(1)   

Section 1 of this Act shall come into force nine months after the day on which

5

this Act is passed.

(2)   

Section 2 of this Act shall come into force two months after the day on which

this Act is passed but shall not apply to any request to a public authority which

the authority received before the section comes into force.

(3)   

Sections 3 and 4 of of this Act shall come into force on the day on which it is

10

passed.

6       

Short title and extent

(1)   

This Act may be cited as the Freedom of Information (Amendment)(No. 2) Act

2007.

(2)   

This Act extends to Northern Ireland.

15

 
 

 
contents
 
House of Commons home page Houses of Parliament home page House of Lords home page search page enquiries

© Parliamentary copyright 2007
Revised 13 June 2007