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Freedom of Information (Amendment) Bill


 

Freedom of Information (Amendment) Bill

 

 
 

Contents

1   

Public authorities

2   

Publicly owned companies

3   

Time limits for compliance

4   

Ministerial veto

5   

Short title and commencement

 

Bill 68                                                                                                 

55/1

 
 

Freedom of Information (Amendment) Bill

1

 

A

Bill

To

Amend the Freedom of Information Act 2000 to remove 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)   

The Freedom of Information Act 2000 (“the Act”) is amended as follows.

(2)   

At the end of section 3(1) (public authorities) insert—

“(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,

(d)   

a publicly funded ‘not for dividend’ company as defined in

section 6B.”.

(3)   

After section 6 insert—

“6A     

Public sector contractors

10

(1)   

For the purposes of section 3(1)(c)—

(a)   

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

a relevant contract with one or more public authorities—

(i)   

provides any service whose provision is a function of

the authority or authorities,

15

(ii)   

provides any service directly to the public, or

(iii)   

carries out activities which may affect the health and

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

(b)   

a “relevant contract” is a contract of a value exceeding the sum

of £1,000,000 and which extends for a period of more than 12

20

months.

 

Bill 68                                                                                                 

55/1

 
 

Freedom of Information (Amendment) Bill

2

 

(2)   

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

contractor only in respect of information which relates to a relevant

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

5

of carrying out activities referred to in section 6A(1)(a)(iii), the right of

access under section 1(1) applies only to information which relates to—

(a)   

the health and safety of the public,

(b)   

the state of the environment, or

(c)   

policies, agreements, measures, activities, conduct or proposals

10

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

they are intended to do so.”.

(4)   

After section 6 insert—

“6B     

Publicly funded not for dividend company

(1)   

For the purposes of section 3(1)(d) a publicly funded not for dividend

15

company is any company which receives any funding from local or

central government and does not pay a dividend.

(2)   

The right of access under section 1(1) applies to a publicly funded not

for dividend company only in respect of information which relates to

work undertaken on behalf of local or central government.”.

20

2       

Publicly owned companies

In section 6(1)(b) of the Act for the words “it is wholly owned by any public

authority” are substituted the words “at least 51% of its shares are owned by

one or more public authorities”.

3       

Time limits for compliance

25

(1)   

Section 10 of the Act 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

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

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

30

fortieth working day following receipt.”.

(4)   

After section 10(3) there is inserted—

“(3A)   

In the case of a request which satisfies the conditions in subsection (3B),

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

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

35

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

under section 17(1) must be given.

“(3B)   

The conditions mentioned in subsection (3A) are that—

(a)   

the request must be received by an appropriate records

authority or by a person at a place of deposit appointed under

40

section 4(1) of the Public Records Act 1958, and

(b)   

the request must relate wholly or partly to information that may

be contained in a transferred public record and that has not

 
 

Freedom of Information (Amendment) Bill

3

 

been designated as open information for the purposes of section

66 of this Act.”.

4       

Ministerial veto

The following provisions of the Act are omitted—

(a)   

Section 53 (exception from duty to comply with decision notice or

5

enforcement notice),

(b)   

section 50(7),

(c)   

section 52(5), and

(d)   

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

5       

Short title and commencement

10

(1)   

This Act may be cited as the Freedom of Information (Amendment) Act 2011.

(2)   

Sections 1 and 2 of this Act come into force at the end of the period of 9 months

beginning with the day on which this Act is passed.

(3)   

Section 3 of this Act comes into force at the end of the period of 2 months

beginning with the day on which this Act is passed but shall not apply to any

15

request to a public authority which the authority received before the section

comes into force.

(4)   

The remaining provisions come into force on the day on which this Act is

passed.

 
 

 

 
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