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SCHEDULES

Section 9

SCHEDULE 3Consequential amendments

Public Records Act 1958

1In Part 2 of the Table in paragraph 3 of Schedule 1 to the Public Records Act 1958 (definition of public records), at the appropriate place insert—

Parliamentary Commissioner Act 1967

2In Schedule 2 to the Parliamentary Commissioner Act 1967 (departments etc subject to investigation), at the appropriate place insert—

House of Commons Disqualification Act 1975

3In Part 2 of Schedule 1 to the House of Commons Disqualification Act 1975 (bodies of which all members are disqualified), at the appropriate place insert—

Northern Ireland Assembly Disqualification Act 1975

4In Part 2 of Schedule 1 to the Northern Ireland Assembly Disqualification Act 1975 (bodies of which all members are disqualified), at the appropriate place insert—

Income Tax (Earnings and Pensions) Act 2003

5In section 61L(1) of the Income Tax (Earnings and Pensions) Act 2003 (meaning of “public authority”), after paragraph (b) insert—

(ba)the Advanced Research and Invention Agency,.

Equality Act 2010

6In Part 1 of Schedule 19 to the Equality Act 2010 (authorities subject to the public sector equality duty), in the group of entries under the heading “Industry, business, finance etc.”, at the appropriate place insert—

Small Business, Enterprise and Employment Act 2015

7The Small Business, Enterprise and Employment Act 2015 is amended as follows.

8In section 7 (sections 4 to 6: interpretation), in subsection (2), for the definition of “public authority” substitute—

9In section 22 (sections 21 and 23 to 25: “qualifying regulatory provisions” etc), in subsection (8), for the definition of “public authority” (but not the “and” immediately after it) substitute—

10In section 27 (sections 21 to 25 etc: interpretation), in subsection (6), for the definition of “public authority” (but not the “and” immediately after it) substitute—

11In section 28 (duty to review regulatory provisions in secondary legislation), in subsection (4), for the words following ““public authority”” substitute means—

(a)

a public authority within the meaning of the Freedom of Information Act 2000 (see section 3 of that Act), or

(b)

the Advanced Research and Invention Agency.

Enterprise Act 2016

12In section 13 of the Enterprise Act 2016 (definitions used in Part 1), in the definition of “public authority”—

(a)omit “or” at the end of paragraph (a);

(b)after paragraph (b) insert , or

(c)the Advanced Research and Invention Agency.

Data Protection Act 2018

13The Data Protection Act 2018 is amended as follows.

14In section 7 (meaning of “public authority” and “public body”)—

(a)in subsection (1), after paragraph (b) (but before the “and” at the end of that paragraph) insert—

(ba)the Advanced Research and Invention Agency,;

(b)in subsection (4), for “described in subsection (1)(a) or (b)” substitute “described or mentioned in subsection (1)(a), (b) or (ba)”.

15(1)Section 21 (definitions for purposes of Chapter 3 of Part 2) is amended as follows.

(2)In subsection (5), in the definition of “FOI public authority”—

(a)omit “or” at the end of paragraph (a);

(b)after paragraph (b) insert , or

(c)the Advanced Research and Invention Agency.

(3)At the end insert—

(8)In relation to the Advanced Research and Invention Agency—

(a)for the purposes of subsection (6)(a)—

(i)section 3(2) of the Freedom of Information Act 2000 is to be read as if “public authority” included that Agency, and

(ii)section 3(2) of the Freedom of Information (Scotland) Act 2002 (asp 13) is to be read as if “authority” included that Agency, and

(b)subsection (7) does not apply.

Social Security Contributions (Intermediaries) Regulations

16(1)In regulation 3A of the Social Security Contributions (Intermediaries) Regulations 2000 (S.I. 2000/727) (meaning of “public authority”), after paragraph (b) insert—

(ba)the Advanced Research and Invention Agency,.

(2)In regulation 3A of the Social Security Contributions (Intermediaries) (Northern Ireland) Regulations 2000 (S.I. 2000/728) (meaning of “public authority”), after paragraph (b) insert—

(ba)the Advanced Research and Invention Agency,.

Public Contracts Regulations

17(1)In regulation 2(1) of the Public Contracts Regulations 2015 (S.I. 2015/102), in the definition of “contracting authorities”, at the end insert “or the Advanced Research and Invention Agency”.

(2)In regulation 2(1) of the Public Contracts (Scotland) Regulations 2015 (S.S.I. 2015/446), in the definition of a “contracting authority”, at the end insert “, but does not include the Advanced Research and Invention Agency”.

UK GDPR

18(1)In Article 2 of the UK GDPR (material scope), in paragraph (5)(d), for “and (7)” substitute “to (8)”.

(2)In sub-paragraph (1), “UK GDPR” has the same meaning as in the Data Protection Act 2018 (see sections 3(10) and 205(4) of that Act).