Freedom of Information Act 2000

Law enforcement.

Exemptions applicable to certain manual data held by public authorities.

Power to make provision relating to environmental information.

Further amendments of Data Protection Act 1998.

Expenses.

Offence of altering etc. records with intent to prevent disclosure.

Expenses.

Communications with Her Majesty, etc. and honours.

Exemptions applicable to certain manual data held by public authorities.

Particulars registrable under Part III of Data Protection Act 1998.

Orders and regulations.

Repeals.

Request for information.

Decisions as to refusal of discretionary disclosure of historical records.

Application to government departments, etc.

Expenses.

Court records, etc.

Health and safety.

Information provided in confidence.

Availability under Act disregarded for purpose of exemption.

Offence of altering etc. records with intent to prevent disclosure.

Application to government departments, etc.

35A

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Offence of altering etc. records with intent to prevent disclosure.

35D

A Mayoral development corporation established under section 198 of the Localism Act 2011.

37A

NHS England.

37B

An integrated care board established under section 14Z25 of the National Health Service Act 2006.

35E

A Local Healthwatch organisation, in respect of information held in connection with—

• (a) arrangements made under section 221(1) of the Local Government and Public Involvement in Health Act 2007, or

• (b) arrangements made in pursuance of arrangements made under section 221(1) of that Act.

Expenses.

Public authorities to which Act has limited application.

Fees.

11A

• (1) This section applies where—

• (a) a person makes a request for information to a public authority in respect of information that is, or forms part of, a dataset held by the authority,

• (b) any of the dataset or part of a dataset so requested is a relevant copyright work,

• (c) the public authority is the only owner of the relevant copyright work, and

• (d) the public authority is communicating the relevant copyright work to the applicant in accordance with this Act.

• (1A) But if the whole of the relevant copyright work is a document to which the Re-use of Public Sector Information Regulations 2015 apply, this section does not apply to the relevant copyright work.

• (1B) If part of the relevant copyright work is a document to which those Regulations apply—

• (a) this section does not apply to that part, but

• (b) this section does apply to the part to which the Regulations do not apply (and references in the following provisions of this section to the relevant copyright work are to be read as references to that part).

• (2) When communicating the relevant copyright work to the applicant, the public authority must make the relevant copyright work available for re-use by the applicant in accordance with the terms of the specified licence.

• (3) The public authority may exercise any power that it has by virtue of regulations under section 11B to charge a fee in connection with making the relevant copyright work available for re-use in accordance with subsection (2).

• (4) Nothing in this section or section 11B prevents a public authority which is subject to a duty under subsection (2) from exercising any power that it has by or under an enactment other than this Act to charge a fee in connection with making the relevant copyright work available for re-use.

• (5) Where a public authority intends to charge a fee (whether in accordance with regulations under section 11B or as mentioned in subsection (4)) in connection with making a relevant copyright work available for re-use by an applicant, the authority must give the applicant a notice in writing (in this section referred to as a “ re-use fee notice ”) stating that a fee of an amount specified in, or determined in accordance with, the notice is to be charged by the authority in connection with complying with subsection (2).

• (6) Where a re-use fee notice has been given to the applicant, the public authority is not obliged to comply with subsection (2) while any part of the fee which is required to be paid is unpaid.

• (7) Where a public authority intends to charge a fee as mentioned in subsection (4), the re-use fee notice may be combined with any other notice which is to be given under the power which enables the fee to be charged.

• (8) In this section—

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

• “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 (S.I. 1997/3032);

• “owner”, in relation to a relevant copyright work, means— the copyright owner, orthe owner of the database right in the database;

• “relevant copyright work” means— a copyright work, ora database subject to a database right,but excludes a relevant Crown work or a relevant Parliamentary work;

• “relevant Crown work” means— a copyright work in relation to which the Crown is the copyright owner, ora database in relation to which the Crown is the owner of the database right;

• “relevant Parliamentary work” means— a copyright work in relation to which the House of Commons or the House of Lords is the copyright owner, ora database in relation to which the House of Commons or the House of Lords is the owner of the database right;

• “the specified licence” is the licence specified by the Minister for the Cabinet Office in a code of practice issued under section 45, and the Minister for the Cabinet Office may specify different licences for different purposes.

Power to charge fees in relation to release of datasets for re-use

11B

• (1) The Minister for the Cabinet Office may, with the consent of the Treasury, make provision by regulations about the charging of fees by public authorities in connection with making relevant copyright works available for re-use under section 11A(2) or by virtue of section 19(2A)(c).

• (2) Regulations under this section may, in particular—

• (a) prescribe cases in which fees may, or may not, be charged,

• (b) prescribe the amount of any fee payable or provide for any such amount to be determined in such manner as may be prescribed,

• (c) prescribe, or otherwise provide for, times at which fees, or parts of fees, are payable,

• (d) require the provision of information about the manner in which amounts of fees are determined,

• (e) make different provision for different purposes.

• (3) Regulations under this section may, in prescribing the amount of any fee payable or providing for any such amount to be determined in such manner as may be prescribed, provide for a reasonable return on investment.

• (4) In this section “ relevant copyright work ” has the meaning given by section 11A(8).

Exemption where cost of compliance exceeds appropriate limit.

Law enforcement.

Communications with Her Majesty, etc. and honours.

Personal information.

Removal of exemptions: historical records in public record offices.

Exemptions applicable to certain manual data held by public authorities.

Particulars registrable under Part III of Data Protection Act 1998.

Further amendments of Data Protection Act 1998.

Disclosure between Commissioner and Scottish Information Commissioner

Expenses.

1ZA

The Competition and Markets Authority, in respect of information held otherwise than as a tribunal.

22A

• (1) Information obtained in the course of, or derived from, a programme of research is exempt information if—

• (a) the programme is continuing with a view to the publication, by a public authority or any other person, of a report of the research (whether or not including a statement of that information), and

• (b) disclosure of the information under this Act before the date of publication would, or would be likely to, prejudice—

• (i) the programme,

• (ii) the interests of any individual participating in the programme,

• (iii) the interests of the authority which holds the information, or

• (iv) the interests of the authority mentioned in paragraph (a) (if it is a different authority from that which holds the information).

• (2) The duty to confirm or deny does not arise in relation to information which is (or if it were held by the public authority would be) exempt information by virtue of subsection (1) if, or to the extent that, compliance with section 1(1)(a) would, or would be likely to, prejudice any of the matters mentioned in subsection (1)(b).

Court records, etc.

Health and safety.

Power to charge fees in relation to release of datasets for re-use

Decisions as to refusal of discretionary disclosure of historical records.

Right of access to unstructured personal data held by public authorities.

Exemptions applicable to certain manual data held by public authorities.

Fees for disclosure where cost of compliance exceeds appropriate limit.

Power to make provision relating to environmental information.

Offence of altering etc. records with intent to prevent disclosure.

Repeals.

Power to charge fees in relation to release of datasets for re-use

General functions of Commissioner.

Personal information.

Health and safety.

Information provided in confidence.

Decisions as to refusal of discretionary disclosure of historical records.

Right of access to unstructured personal data held by public authorities.

Exemptions applicable to certain manual data held by public authorities.

Availability under Act disregarded for purpose of exemption.

Recommendations as to good practice.

Offence of altering etc. records with intent to prevent disclosure.

Particulars registrable under Part III of Data Protection Act 1998.

33A

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Power to charge fees in relation to release of datasets for re-use

Fees for disclosure where cost of compliance exceeds appropriate limit.

Information accessible to applicant by other means.

Court records, etc.

Health and safety.

Information provided in confidence.

Law enforcement.

Decisions as to refusal of discretionary disclosure of historical records.

Exemptions applicable to certain manual data held by public authorities.

Availability under Act disregarded for purpose of exemption.

Power to make provision relating to environmental information.

Offence of altering etc. records with intent to prevent disclosure.

Repeals.

28A

A sub-national transport body established under section 102E of the Local Transport Act 2008.

Exemption where cost of compliance exceeds appropriate limit.

Model publication schemes.

Communications with Her Majesty, etc. and honours.

General functions of Commissioner.

Removal of exemptions: historical records in public record offices.

Right of access to unstructured personal data held by public authorities.

Exemptions applicable to certain manual data held by public authorities.

Further amendments of Data Protection Act 1998.

Disclosure between Commissioner and Scottish Information Commissioner

Expenses.

14A

A fire and rescue authority created by an order under section 4A of that Act.

76B

• (1) No enactment or rule of law prohibiting or restricting the disclosure of information precludes a person from providing the First-tier Tribunal or the Upper Tribunal with information necessary for the discharge of their functions in connection with appeals under section 60 of this Act.

• (2) But this section does not authorise the making of a disclosure which is prohibited by any of Parts 1 to 7 or Chapter 1 of Part 9 of the Investigatory Powers Act 2016.

• (3) Until the repeal of Part 1 of the Regulation of Investigatory Powers Act 2000 by paragraphs 45 and 54 of Schedule 10 to the Investigatory Powers Act 2016 is fully in force, subsection (2) has effect as if it included a reference to that Part.

35F

A corporate joint committee established by regulations under Part 5 of the Local Government and Elections (Wales) Act 2021.

19C

A combined county authority established under section 9(1) of the Levelling-up and Regeneration Act 2023.