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amend
the Freedom of Information Act 2000 to remove the provisions
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permitting Ministers to
overrule decisions of the Information Commissioner |
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and Information Tribunal;
to limit the time allowed for public authorities to |
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respond to requests involving
consideration of the public interest; to amend |
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the definition of public
authorities; and for connected purposes. |
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Be
it enacted by the Queen’s most Excellent Majesty,
by and with the advice and |
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consent of the Lords Spiritual
and Temporal, and Commons, in this present |
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Parliament assembled,
and by the authority of the same, as follows:— |
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(1) |
In section 3(1) of the
Freedom of Information Act 2000
(c. 36) (public |
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authorities) at the end
is inserted— |
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“(c) |
a public sector contractor
as defined in section 6A, in respect of |
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information
concerning a relevant contract or performance |
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under
a relevant contract.” |
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(2) |
After section 6 of that
Act there is inserted— |
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“6A |
Public
sector contractors |
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(1) |
For the purpose of section
3(1)(c)— |
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(a) |
a “public sector
contractor” is any person who, under the terms |
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of
a relevant contract with one or more public authorities— |
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(i) |
provides any service
whose provision is a function of |
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the
authority or authorities; or |
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(ii) |
provides any service
directly to the public; or |
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(iii) |
carries out activities
which may affect the health and |
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safety
of the public or the state of the environment; and |
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(b) |
a “relevant contract”
is a contract whose value exceeds the sum |
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of
one million pounds and which extends for a period of more |
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(2) |
The right of access under
section 1(1) applies to a public sector |
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contractor
only in respect of information which relates to a relevant |
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contract
with one or more public authorities or to performance under
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(3) |
In the case of a person
who is a public sector contractor solely by virtue |
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of
carrying out activities referred to in paragraph (iii) of subsection
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(1)(a),
the right of access under section 1(1) applies only to information
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(a) |
the health and safety of
the public, or |
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(b) |
the state of the environment,
or |
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(c) |
policies, agreements,
measures, activities, conduct or proposals |
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affecting
or likely to affect any of those matters, whether or not |
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they
are intended to do so.” |
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(3) |
In Part IV of Schedule
1 of that Act (public authorities: maintained schools and |
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other educational institutions)
there is inserted at the appropriate place— |
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“The governing
body of an Academy within the meaning of section |
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482(5)
of the Education Act 2002
(c. 32).” |
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2 |
Time
for compliance with requests involving the public interest test |
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(1) |
Section 10 of the Freedom
of Information Act 2000 (c. 36) (time for compliance
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with request) is amended
as follows. |
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(2) |
In section 10(1) for the
words “and (3)” there is substituted “, (3)
and (3A)”. |
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(3) |
In section 10(3) for the
words “need not comply with section 1(1)(a) or (b) until
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such time as is reasonable
in the circumstances” there is substituted “shall
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comply with section 1(1)(a)
or (b) promptly and in any event not later than the |
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fortieth working day following
receipt”. |
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(4) |
After section 10(3) there
is inserted— |
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“(3A) |
In the case of a request
which— |
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(a) |
is received by an appropriate
records authority or by a person |
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at
a place of deposit appointed under section 4(1) of the Public
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Records
Act 1958 (c. 51), and |
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(b) |
relates wholly or partly
to information that may be contained in |
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a
transferred public record and that has not been designated as
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open
information for the purposes of section 66 of this Act, |
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the
public authority shall comply with section 1(1)(a) or (b) promptly
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and
in any event not later than the fiftieth working day following
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receipt;
but this subsection does not affect the time by which any notice
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under
section 17(1) must be given.” |
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(1) |
Section 53 of the Freedom
of Information Act 2000 (exception from duty to |
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comply with decision notice
or enforcement notice) is omitted. |
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(2) |
The following provisions
of that Act are also omitted— |
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(c) |
in section 82(2)(a) the
words “53(1)(a)(iii)”. |
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In section 82(2)(b) of
the Freedom of Information Act 2000
(c. 36) (orders and |
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regulations) after “section”
insert “9,”. |
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(1) |
Section 1
of this Act shall come into force nine months after the day
on which |
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(2) |
Section 2
of this Act shall come into force two months after the day on
which |
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this Act is passed but
shall not apply to any request to a public authority which |
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the authority received
before the section comes into force. |
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(3) |
Sections 3
and 4
of of this Act shall come into force on the day on which it
is |
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(1) |
This Act may be cited
as the Freedom of Information (Amendment)(No. 2) Act |
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(2) |
This Act extends to Northern
Ireland. |
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