|
| |
|
(c) | a database subject to a database right, |
| |
but excludes a work in which Crown copyright subsists or a |
| |
database in which Crown database right subsists; |
| |
“the specified licence” is the licence specified by the Secretary of |
| |
State in a code of practice issued under section 45, and the |
| 5 |
Secretary of State may specify different licences for different |
| |
| |
(4) | In section 19 (publication schemes)— |
| |
(a) | after subsection (2) insert— |
| |
“(2A) | A publication scheme must, in particular, include a requirement |
| 10 |
for the public authority concerned— |
| |
| |
(i) | any dataset held by the authority in relation to |
| |
which a person makes a request for information |
| |
| 15 |
(ii) | any up-dated version held by the authority of |
| |
| |
| unless the authority is satisfied that it is not appropriate |
| |
for the dataset to be published, |
| |
(b) | where reasonably practicable, to publish any dataset the |
| 20 |
authority publishes by virtue of paragraph (a) in an |
| |
electronic form which is capable of re-use, |
| |
(c) | where any information in a dataset published by virtue |
| |
of paragraph (a) is a relevant copyright work in relation |
| |
to which the authority is the only owner, to make the |
| 25 |
information available for re-use in accordance with the |
| |
terms of the specified licence.” |
| |
(b) | after subsection (7) insert— |
| |
| |
“copyright owner” has the meaning given by Part 1 of the |
| 30 |
Copyright, Designs and Patents Act 1988 (see section |
| |
| |
“copyright work” has the meaning given by Part 1 of the |
| |
Act of 1988 (see section 1(2) of that Act); |
| |
“Crown copyright” has the meaning given by Part 1 of the |
| 35 |
Act of 1988 (see section 163 of that Act); |
| |
“Crown database right” means a database right which |
| |
subsists in a database of which Her Majesty is the maker |
| |
(within the meaning given by regulation 14 of the |
| |
Copyright and Rights in Databases Regulations 1997 |
| 40 |
| |
“database” has the meaning given by section 3A of the Act |
| |
| |
“database right” has the same meaning as in Part 3 of the |
| |
Copyright and Rights in Databases Regulations 1997 |
| 45 |
| |
“owner”, in relation to a relevant copyright work, means— |
| |
(a) | the copyright owner, or |
| |
(b) | the owner of the database right in a database; |
| |
|
| |
|
| |
|
“Parliamentary copyright” has the meaning given by Part |
| |
1 of the Act of 1988 (see sections 165 to 167 of that Act); |
| |
“relevant copyright work” means— |
| |
| |
(b) | a work in which Parliamentary copyright |
| 5 |
| |
(c) | a database subject to a database right, |
| |
but excludes a work in which Crown copyright subsists |
| |
or a database in which Crown database right subsists.” |
| |
“the specified licence” has the meaning given by section |
| 10 |
| |
(5) | In section 45 (issue of code of practice)— |
| |
(a) | in subsection (2), after paragraph (d) (and before the word “and” at the |
| |
end of the paragraph), insert— |
| |
“(da) | the disclosure by public authorities of datasets held by |
| 15 |
| |
(b) | after subsection (2) insert— |
| |
“(2A) | Provision of the kind mentioned in subsection (2)(da) may, in |
| |
particular, include provision relating to— |
| |
(a) | the giving of permission for datasets to be re-used, |
| 20 |
(b) | the disclosure of datasets in an electronic form which is |
| |
| |
(c) | the making of datasets available for re-use in accordance |
| |
with the terms of a licence, |
| |
(d) | other matters relating to the making of datasets |
| 25 |
| |
(e) | standards applicable to public authorities in connection |
| |
with the disclosure of datasets.”, and |
| |
(c) | in subsection (3) for “The code” substitute “Any code under this |
| |
| 30 |
(6) | In section 84 (interpretation), after the definition of “the Commissioner”, |
| |
| |
““dataset” has the meaning given by section 11(5);”. |
| |
Other amendments relating to freedom of information |
| |
93 | Meaning of “publicly-owned company” |
| 35 |
(1) | Section 6 of the Freedom of Information Act 2000 (publicly-owned companies) |
| |
| |
| |
(a) | omit “or” at the end of paragraph (a), |
| |
(b) | in paragraph (b) for the words from “any public authority” to |
| 40 |
“particular information” substitute “the wider public sector”, and |
| |
(c) | after paragraph (b) insert “, or |
| |
(c) | it is wholly owned by the Crown and the wider public |
| |
| |
|
| |
|
| |
|
(3) | For subsection (2) substitute— |
| |
“(2) | For the purposes of this section— |
| |
(a) | a company is wholly owned by the Crown if, and only if, every |
| |
member is a person falling within sub-paragraph (i) or (ii)— |
| |
(i) | a Minister of the Crown, government department or |
| 5 |
company wholly owned by the Crown, or |
| |
(ii) | a person acting on behalf of a Minister of the Crown, |
| |
government department or company wholly owned by |
| |
| |
(b) | a company is wholly owned by the wider public sector if, and |
| 10 |
only if, every member is a person falling within sub-paragraph |
| |
| |
(i) | a relevant public authority or a company wholly owned |
| |
by the wider public sector, or |
| |
(ii) | a person acting on behalf of a relevant public authority |
| 15 |
or of a company wholly owned by the wider public |
| |
| |
(c) | a company is wholly owned by the Crown and the wider public |
| |
sector if, and only if, condition A, B or C is met. |
| |
(2A) | In subsection (2)(c)— |
| 20 |
(a) | condition A is met if— |
| |
(i) | at least one member is a person falling within subsection |
| |
| |
(ii) | at least one member is a person falling within subsection |
| |
| 25 |
(iii) | every member is a person falling within subsection |
| |
(2)(a)(i) or (ii) or (b)(i) or (ii), |
| |
(b) | condition B is met if— |
| |
(i) | at least one member is a person falling within subsection |
| |
(2)(a)(i) or (ii) or (b)(i) or (ii), |
| 30 |
(ii) | at least one member is a company wholly owned by the |
| |
Crown and the wider public sector, and |
| |
(iii) | every member is a person falling within subsection |
| |
(2)(a)(i) or (ii) or (b)(i) or (ii) or a company wholly owned |
| |
by the Crown and the wider public sector, and |
| 35 |
(c) | condition C is met if every member is a company wholly owned |
| |
by the Crown and the wider public sector.” |
| |
(4) | In subsection (3), at the end, insert— |
| |
““relevant public authority” means any public authority listed in |
| |
| 40 |
(a) | a government department, or |
| |
(b) | any authority which is listed only in relation to |
| |
| |
94 | Extension of certain provisions to Northern Ireland bodies |
| |
| 45 |
(a) | section 80A of the Freedom of Information Act 2000 (which modifies, in |
| |
relation to information held by Northern Ireland bodies, certain |
| |
provisions of the Act relating to historical records etc.), and |
| |
|
| |
|
| |
|
(b) | paragraph 6 of Schedule 7 to the Constitutional Reform and |
| |
Governance Act 2010 (which inserts section 80A into the Act of 2000). |
| |
(2) | The power of the Secretary of State under section 46(2) to (5) of the Act of 2010 |
| |
to make transitional, transitory or saving provision in connection with the |
| |
coming into force of paragraph 4 of Schedule 7 to that Act includes power to |
| 5 |
make such provision in connection with the coming into force of that |
| |
paragraph of that Schedule as it has effect by virtue of this section. |
| |
The Information Commissioner |
| |
95 | Appointment and tenure of Information Commissioner |
| |
(1) | After paragraph 2(3) of Schedule 5 to the Data Protection Act 1998 (removal of |
| 10 |
the Information Commissioner from office) insert— |
| |
“(3A) | No motion is to be made in either House of Parliament for such an |
| |
Address unless a Minister of the Crown has presented a report to |
| |
that House stating that the Minister is satisfied that one or more of |
| |
the following grounds is made out— |
| 15 |
(a) | the Commissioner has failed to discharge the functions of the |
| |
office for a continuous period of at least 3 months, |
| |
(b) | the Commissioner has failed to comply with the terms of |
| |
| |
(c) | the Commissioner has been convicted of a criminal offence, |
| 20 |
(d) | the Commissioner is an undischarged bankrupt or the |
| |
Commissioner’s estate has been sequestrated in Scotland and |
| |
the Commissioner has not been discharged, |
| |
(e) | the Commissioner has made an arrangement or composition |
| |
contract with, or has granted a trust deed for, the |
| 25 |
Commissioner’s creditors, |
| |
(f) | the Commissioner is otherwise unfit to hold the office or |
| |
unable to carry out its functions. |
| |
(3B) | No recommendation may be made to Her Majesty for the |
| |
appointment of a person as the Commissioner unless the person |
| 30 |
concerned has been selected on merit on the basis of fair and open |
| |
| |
(3C) | A person appointed as the Commissioner may not be appointed |
| |
again for a further term of office.” |
| |
(2) | Omit paragraph 2(4) and (5) of that Schedule to that Act (termination of term |
| 35 |
of office on attaining 65 years of age etc. and eligibility for re-appointment). |
| |
(3) | In the italic heading to paragraph 2 of that Schedule to that Act, after “office” |
| |
insert “and appointment”. |
| |
(4) | Omit section 18(5) to (7) of the Freedom of Information Act 2000 (spent |
| |
provisions about period of office of Data Protection Commissioner as first |
| 40 |
Information Commissioner and application of paragraph 2(4)(b) and (5) of |
| |
Schedule 5 to the Act of 1998 to that person). |
| |
96 | Alteration of role of Secretary of State in relation to guidance powers |
| |
(1) | For section 41C(7) of the Data Protection Act 1998 (code of practice about |
| |
|
| |
|
| |
|
assessment notices: requirement for approval of Secretary of State) |
| |
| |
“(7) | The Commissioner must consult the Secretary of State before issuing |
| |
the code (or an altered or replacement code).” |
| |
(2) | In section 52B of that Act (data-sharing code: approval by the Secretary of |
| 5 |
| |
(a) | for subsections (1) to (3) substitute— |
| |
“(1) | When a code is prepared under section 52A, the Commissioner |
| |
| |
(a) | consult the Secretary of State, and |
| 10 |
(b) | submit the final version of the code to the Secretary of |
| |
| |
(2) | The Secretary of State must lay the code before Parliament.”, |
| |
| |
(b) | in subsection (6) for the words from the beginning to “the |
| 15 |
Commissioner” substitute “Where such a resolution is passed, the |
| |
| |
(3) | For section 55C(5) of that Act (guidance about monetary penalty notices: |
| |
requirement for approval of Secretary of State) substitute— |
| |
“(5) | The Commissioner must consult the Secretary of State before issuing |
| 20 |
any guidance under this section.” |
| |
97 | Removal of Secretary of State consent for fee-charging powers etc. |
| |
(1) | In section 51 of the Data Protection Act 1998 (general duties of the Information |
| |
| |
(a) | in subsection (8) (power to charge fees, with the consent of the Secretary |
| 25 |
of State, in relation to any Part 6 services)— |
| |
(i) | omit “with the consent of the Secretary of State”, and |
| |
(ii) | before “services” insert “relevant”, and |
| |
(b) | after subsection (8) insert— |
| |
“(8A) | In subsection (8) “relevant services” means— |
| 30 |
(a) | the provision to the same person of more than one copy |
| |
of any published material where each of the copies of |
| |
the material is either provided on paper, a portable disk |
| |
which stores the material electronically or a similar |
| |
| 35 |
(b) | the provision of training, or |
| |
(c) | the provision of conferences. |
| |
(8B) | The Secretary of State may by order amend subsection (8A).” |
| |
(2) | In section 67(5)(a) of that Act (orders under the Act subject to negative |
| |
procedure) after “51(3)” insert “or (8B)”. |
| 40 |
(3) | In section 47 of the Freedom of Information Act 2000 (general functions of the |
| |
Information Commissioner)— |
| |
(a) | in subsection (4) (power to charge fees, with the consent of the Secretary |
| |
of State, in relation to services provided under that section)— |
| |
|
| |
|
| |
|
(i) | omit “with the consent of the Secretary of State”, and |
| |
(ii) | before “services” insert “relevant”, and |
| |
(b) | after subsection (4) insert— |
| |
“(4A) | In subsection (4) “relevant services” means— |
| |
(a) | the provision to the same person of more than one copy |
| 5 |
of any published material where each of the copies of |
| |
the material is either provided on paper, a portable disk |
| |
which stores the material electronically or a similar |
| |
| |
(b) | the provision of training, or |
| 10 |
(c) | the provision of conferences. |
| |
(4B) | The Secretary of State may by order amend subsection (4A). |
| |
(4C) | An order under subsection (4B) may include such transitional |
| |
or saving provision as the Secretary of State considers |
| |
| 15 |
(4D) | The Secretary of State must consult the Commissioner before |
| |
making an order under subsection (4B).” |
| |
(4) | In section 82(3)(a) of that Act (orders under the Act subject to negative |
| |
procedure) after “4(1)” insert “or 47(4B)”. |
| |
98 | Removal of Secretary of State approval for staff numbers, terms etc. |
| 20 |
(1) | Paragraph 4 of Schedule 5 to the Data Protection Act 1998 (appointment of |
| |
officers and staff of the Information Commissioner) is amended as follows. |
| |
(2) | After sub-paragraph (4) insert— |
| |
“(4A) | In making appointments under this paragraph, the Commissioner |
| |
must have regard to the principle of selection on merit on the basis |
| 25 |
of fair and open competition.” |
| |
(3) | Omit sub-paragraph (5) (approval of Secretary of State required for number, |
| |
and terms and conditions, of persons to be appointed). |
| |
| |
Miscellaneous and general |
| 30 |
Miscellaneous repeals of enactments |
| |
99 | Repeal of provisions for conducting certain fraud cases without jury |
| |
Omit section 43 of the Criminal Justice Act 2003 (applications by prosecution |
| |
for certain fraud cases to be conducted without a jury). |
| |
100 | Removal of restrictions on times for marriage or civil partnership |
| 35 |
(1) | In the Marriage Act 1949— |
| |
(a) | omit section 4 (solemnization of marriages to take place at any time |
| |
between 8 a.m. and 6 p.m.), and |
| |
|
| |
|
| |
|
(b) | omit section 75(1)(a) (offence of solemnizing a marriage outside the |
| |
| |
(2) | In section 16(4) of the Marriage (Registrar General’s Licence) Act 1970 |
| |
(disapplication of certain provisions of the Act of 1949) for “sections 75(1)(a) |
| |
and” substitute “section”. |
| 5 |
(3) | In section 17(2) of the Civil Partnership Act 2004 (registration as civil partners |
| |
under the standard procedure to take place on any day in the applicable period |
| |
between 8 a.m. and 6 p.m.)— |
| |
(a) | for “on any day in” substitute “at any time during”, and |
| |
(b) | omit “between 8 o’clock in the morning and 6 o’clock in the evening”. |
| 10 |
(4) | Omit section 31(2)(ab) of that Act (offence of officiating at the signing of a civil |
| |
partnership schedule outside the permitted hours). |
| |
| |
101 | Consequential amendments, repeals and revocations |
| |
(1) | Schedule 7 (consequential amendments) has effect. |
| 15 |
(2) | The provisions listed in Schedule 8 are repealed or (as the case may be) revoked |
| |
| |
(3) | The Secretary of State may by order make such provision as the Secretary of |
| |
State considers appropriate in consequence of this Act. |
| |
(4) | The power to make an order under subsection (3)— |
| 20 |
(a) | is exercisable by statutory instrument, |
| |
(b) | includes power to make transitional, transitory or saving provision, |
| |
(c) | may, in particular, be exercised by amending, repealing, revoking or |
| |
otherwise modifying any provision made by or under an enactment |
| |
(including any Act passed in the same Session as this Act). |
| 25 |
(5) | Subject to subsection (6), a statutory instrument containing an order under this |
| |
section is not to be made unless a draft of the instrument has been laid before, |
| |
and approved by a resolution of, each House of Parliament. |
| |
(6) | A statutory instrument containing an order under this section which neither |
| |
amends nor repeals any provision of primary legislation is subject to |
| 30 |
annulment in pursuance of a resolution of either House of Parliament. |
| |
| |
“enactment” includes an Act of the Scottish Parliament, a Measure or Act |
| |
of the National Assembly for Wales and Northern Ireland legislation, |
| |
“primary legislation” means— |
| 35 |
(a) | a public general Act, |
| |
(b) | an Act of the Scottish Parliament, |
| |
(c) | a Measure or Act of the National Assembly for Wales, and |
| |
(d) | Northern Ireland legislation. |
| |
|
| |
|