[F1(1)For the purposes of this Act and of the Freedom of Information Act 2000 there shall be an officer known as the Information Commissioner (in this Act referred to as “the Commissioner”).]
(2)The Commissioner shall be appointed by Her Majesty by Letters Patent.
[F2(3)For the purposes of this Act and of the Freedom of Information Act 2000 there shall be a tribunal known as the Information Tribunal (in this Act referred to as “the Tribunal”).]
(4)The Tribunal shall consist of—
(a)a chairman appointed by the Lord Chancellor after consultation with the Lord Advocate,
(b)such number of deputy chairmen so appointed as the Lord Chancellor may determine, and
(c)such number of other members appointed by the [F3 Secretary of State] as he may determine.
(5)The members of the Tribunal appointed under subsection (4)(a) and (b) shall be—
[F4(a)persons who satisfy the judicial-appointment eligibility condition on a 5-year basis,]
(b)advocates or solicitors in Scotland of at least [F55] years’ standing, or
(c)members of the bar of Northern Ireland or [F6solicitors of the Court of Judicature of Northern Ireland] of at least [F55] years’ standing.
(6)The members of the Tribunal appointed under subsection (4)(c) shall be—
(a)persons to represent the interests of data subjects,
[F7(aa)persons to represent the interests of those who make requests for information under the Freedom of Information Act 2000,]
(b)persons to represent the interests of data controllers [F8and
(bb)persons to represent the interests of public authorities.]
(7)Schedule 5 has effect in relation to the Commissioner and the Tribunal.
Textual Amendments
F1S. 6(1) substituted (30.1.2001) by 2000 c. 36, ss. 18(4), 87(2)(c), Sch. 2 Pt. I para. 13(2) (with ss. 7(1)(7), 56, 78)
F2S. 6(3) substituted (14.5.2001) by 2000 c. 36, s. 18(2), Sch. 2 Pt. I para. 13(3) (with ss. 7(1)(7), 56, 78); S.I. 2001/1637, art. 2(b)
F3Words in s. 6(4)(c) substituted (19.8.2003) by The Secretary of State for Constitutional Affairs Order 2003 (S.I. 2003/1887), art. 9, Sch. 2 para. 9(1)(a)
F4S. 6(5)(a) substituted (21.7.2008) by Tribunals, Courts and Enforcement Act 2007 (c. 15), ss. 50, 148, Sch. 10 para. 30(2); S.I. 2008/1653, art. 2(b)(d) (with arts. 3, 4)
F5Word in s. 6(5)(b)(c) substituted (21.7.2008) by Tribunals, Courts and Enforcement Act 2007 (c. 15), ss. 50, 148, Sch. 10 para. 30(3); S.I. 2008/1653, art. 2(b)(d) (with arts. 3, 4)
F6Words in s. 6(5)(c) substituted (1.10.2009) by Constitutional Reform Act 2005 (c. 4), ss. 59, 148, Sch. 11 para. 5; S.I. 2009/1604, art. 2(b)(d)
F7S. 6(6)(aa) substituted for word in s. 6(6)(a) (14.5.2001) by 2000 c. 36, s. 18(4), Sch. 2 Pt. II para. 16(a) (with ss. 7(1)(7), 56, 78); S.I. 2001/1637, art. 2(b)
F8S. 6(6)(bb) and the preceding word inserted (14.5.2001) by 2000 c. 36, s. 18(4), Sch. 2 Pt. II para. 16(b) (with ss. 7(1)(7), 56, 78); S.I. 2001/1637, art. 2(b)
Modifications etc. (not altering text)
C1S. 6(4)(a)(b): transfer of certain functions (1.7.1999) by 1999/1750, arts. 1, 2, Sch. 1 (with art. 7); S.I. 1998/3178, art. 3
S. 6(4)(a)(b) modified (30.6.1999) by S.I. 1999/1748, art. 3, Sch. 1 para. 20
C2S. 6(4)(a): functions of the Lord Advocate transferred to the Secretary of State, and all property, rights and liabilities to which the Lord Advocate is entitled or subject in connection with any such function transferred to the Secretary of State for Scotland (19.5.1999) by S.I. 1999/678, arts. 2, 3, Sch. (with art. 7)