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Amend
the Freedom of Information Act 2000 to remove provisions permitting
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Ministers to overrule decisions
of the Information Commissioner and |
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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) |
The Freedom of Information
Act 2000 (“the Act”) is amended as follows. |
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(2) |
At the end of section 3(1)
(public authorities) insert— |
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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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(d) |
a publicly funded ‘not
for dividend’ company as defined in |
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(3) |
After section 6 insert— |
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“6A |
Public
sector contractors |
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(1) |
For the purposes of section
3(1)(c)— |
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(a) |
a public sector contractor
is any person who, under the terms of |
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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, |
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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 of a value exceeding the sum |
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of
£1,000,000 and which extends for a period of more than 12
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20 |
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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 section 6A(1)(a)(iii),
the right of |
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access
under section 1(1) applies only to information which relates to— |
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(a) |
the health and safety of
the public, |
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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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(4) |
After section 6 insert— |
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“6B |
Publicly
funded not for dividend company |
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(1) |
For the purposes of section
3(1)(d) a publicly funded not for dividend |
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company
is any company which receives any funding from local or |
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central
government and does not pay a dividend. |
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(2) |
The right of access under
section 1(1) applies to a publicly funded not |
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for
dividend company only in respect of information which relates
to |
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work
undertaken on behalf of local or central government.”. |
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2 |
Publicly
owned companies |
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In section 6(1)(b) of the
Act for the words “it is wholly owned by any public |
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authority” are substituted
the words “at least 51% of its shares are owned by |
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one or more public authorities”. |
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3 |
Time
limits for compliance |
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(1) |
Section 10 of the Act 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 “must |
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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 satisfies the conditions in subsection (3B), |
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the
public authority must 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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“(3B) |
The conditions mentioned
in subsection (3A) are that— |
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(a) |
the request must be received
by an appropriate records |
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authority
or by a person at a place of deposit appointed under |
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section
4(1) of the Public Records Act 1958, and |
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(b) |
the request must relate
wholly or partly to information that may |
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be
contained in a transferred public record and that has not |
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been
designated as open information for the purposes of section |
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The following provisions
of the Act are omitted— |
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(a) |
Section 53 (exception from
duty to comply with decision notice or |
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(d) |
in section 82(2)(a) the words
“53(1)(a)(iii)”. |
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5 |
Short
title and commencement |
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(1) |
This Act may be cited as
the Freedom of Information (Amendment) Act 2011. |
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(2) |
Sections 1 and 2 of this
Act come into force at the end of the period of 9 months |
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beginning with the day on
which this Act is passed. |
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(3) |
Section 3 of this Act comes
into force at the end of the period of 2 months |
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beginning with the day on
which this Act is passed but shall not apply to any |
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request to a public authority
which the authority received before the section |
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(4) |
The remaining provisions
come into force on the day on which this Act is |
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