The Transfer of Functions (Elections, Referendums, Third Sector and Information) Order 2016

Freedom of Information Act 2000 (c. 36)

14.—(1) The Freedom of Information Act 2000 is amended as follows.

(2) In the following provisions(1) for “Chancellor of the Duchy” in each place substitute “Minister for the Cabinet Office”—

(a) section 4(1), (5) and (7) (amendment of Schedule 1)(2);

(b) section 5(1) and (3) (further power to designate public authorities);

(c) section 7(3), (4) and (8) (public authorities to which the Act has limited application)(3);

(d) section 9(3) (power to make regulations about fees for requests for information);

(e) section 10(4) (power to make regulations amending time for compliance with request);

(f) section 11A(8) (in the definition of “the specified licence”) (power, in code of practice issued under section 45, to specify different licences for different purposes)(4);

(g) section 11B(1) (regulations about fees for making relevant copyright works available for re-use)(5);

(h) section 12(4) and (5) (regulations about costs of complying with requests);

(i) section 13(1) (regulations about fees for disclosing information where cost of compliance with request exceeds appropriate limit);

(j) the heading of Part 3;

(k) section 45(1), (4) and (5) (code of practice giving public authorities guidance in connection with discharge of functions under Part 1 of Act);

(l) section 46(5)(a) (requirement to be consulted in relation to code of practice issued under section 46)(6);

(m) section 47(4B) to (4D) (amendment of list of services for which Information Commissioner may charge)(7);

(n) section 53(1)(a)(iii) and (5) (power to designate public authorities for purposes of exemption from duty to comply with decision notice or enforcement notice)(8);

(o) section 75(1) and (3) (power to amend or repeal enactments prohibiting disclosure of information);

(p) section 82(1) (power to make regulations or order under Act exercisable by statutory instrument)(9);

(q) section 83(2) and (3) (designation of public authorities as excluded from definition of Welsh public authority)(10);

(r) section 84 (in the definition of “prescribed”) (interpretation of Act);

(s) section 85(b) (expenses payable out of money provided by Parliament)(11).

(3) In section 84, omit the definition of “the Chancellor of the Duchy”.

(4) In the heading of section 45, for the words from “by Chancellor” to the end substitute “by the Minister for the Cabinet Office”.

(1)

The provisions listed in paragraph 14(2) were amended by S.I. 2015/1897, Sch.

(2)

Subsection (5) was amended by S.I. 2007/1388, Sch. 1.

(3)

Section 7(4)was amended by S.I. 2007/1388, Sch. 1 and section 4(4) of the Wales Act 2014 (c. 29).

(4)

Section 11A was inserted by section 102(3) of the Protection of Freedoms Act 2012 (c. 9) and amended by S.I. 2015/1415, reg. 21(2).

(5)

Section 11B was inserted by section 102(3) of the Protection of Freedoms Act 2012.

(6)

Subsection (5)(a) was inserted by S.I. 2003/1887, Sch. 2.

(7)

Section 47 was amended by section 107(3) of the Protection of Freedoms Act 2012.

(8)

Subsection (1) was amended by S.I. 2007/1388, Sch. 1 and section 4(4) of the Wales Act 2014; subsection (5) was also amended by S.I. 2007/1388, Sch. 1.

(9)

Section 82 was amended by S.I. 2001/3500, Sch.2 and by section 107(4) of the Protection of Freedoms Act 2012.

(10)

Subsections (2) and (3) were amended by S.I. 2003/1887, Sch. 2; subsection (3) was also amended by S.I. 2007/1388, Sch. 1.

(11)

Sub-paragraph (b) was amended by S.I. 2003/1887, Sch. 2.