House of Commons portcullis
House of Commons
Session 2010 - 11
Internet Publications
Other Bills before Parliament

Protection of Freedoms Bill


Protection of Freedoms Bill
Part 6 — Freedom of information and data protection

75

 

(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

purposes.”

(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—

(a)   

to publish—

(i)   

any dataset held by the authority in relation to

which a person makes a request for information

to the authority, and

15

(ii)   

any up-dated version held by the authority of

such a dataset,

   

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—

“(8)   

In this section—

“copyright owner” has the meaning given by Part 1 of the

30

Copyright, Designs and Patents Act 1988 (see section

173 of that Act);

“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

(S.I. 1997/3032);

“database” has the meaning given by section 3A of the Act

of 1988;

“database right” has the same meaning as in Part 3 of the

Copyright and Rights in Databases Regulations 1997

45

(S.I. 1997/3032);

“owner”, in relation to a relevant copyright work, means—

(a)   

the copyright owner, or

(b)   

the owner of the database right in a database;

 
 

Protection of Freedoms Bill
Part 6 — Freedom of information and data protection

76

 

“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—

(a)   

a copyright work,

(b)   

a work in which Parliamentary copyright

5

subsists, or

(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

11A(3).”

(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

them,”,

(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

capable of re-use,

(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

available for re-use,

(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

section”.

30

(6)   

In section 84 (interpretation), after the definition of “the Commissioner”,

insert—

““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)

is amended as follows.

(2)   

In subsection (1)—

(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

sector.”

 
 

Protection of Freedoms Bill
Part 6 — Freedom of information and data protection

77

 

(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

the Crown,

(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) or (ii)—

(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

sector, and

(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

(2)(a)(i) or (ii),

(ii)   

at least one member is a person falling within subsection

(2)(b)(i) or (ii), and

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

Schedule 1 other than—

40

(a)   

a government department, or

(b)   

any authority which is listed only in relation to

particular information”.

94      

Extension of certain provisions to Northern Ireland bodies

(1)   

Omit—

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

 
 

Protection of Freedoms Bill
Part 6 — Freedom of information and data protection

78

 

(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

appointment,

(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

competition.

     (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

 
 

Protection of Freedoms Bill
Part 6 — Freedom of information and data protection

79

 

assessment notices: requirement for approval of Secretary of State)

substitute—

“(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

State)—

(a)   

for subsections (1) to (3) substitute—

“(1)   

When a code is prepared under section 52A, the Commissioner

must—

(a)   

consult the Secretary of State, and

10

(b)   

submit the final version of the code to the Secretary of

State.

(2)   

The Secretary of State must lay the code before Parliament.”,

and

(b)   

in subsection (6) for the words from the beginning to “the

15

Commissioner” substitute “Where such a resolution is passed, the

Commissioner”.

(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

Commissioner)—

(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

medium,

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)—

 
 

Protection of Freedoms Bill
Part 7 — Miscellaneous and general

80

 

(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

medium,

(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

appropriate.

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).

Part 7

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

 
 

Protection of Freedoms Bill
Part 7 — Miscellaneous and general

81

 

(b)   

omit section 75(1)(a) (offence of solemnizing a marriage outside the

permitted hours).

(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).

General

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

to the extent specified.

(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.

(7)   

In this section—

“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.

 
 

 
previous section contents continue
 

© Parliamentary copyright
Revised 11 February 2011