Freedom of Information Act 2000
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Change 1
SCHEDULE 2 The Commissioner and the Tribunal
Section 18(4). Part I Provision consequential on s. 18(1) and (2) General 1 (1) Any reference in any enactment, instrument or document to the Data Protection Commissioner or the Data Protection Registrar shall be construed, in relation to any time after the commencement of section 18(1) and before the commencement of section 119(1) of the Data (Access and Use) Act 2025, as a reference to the Information Commissioner. (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1A The Office for Standards in Education, Children's Services and Skills, in respect of information held for purposes other than those of the functions exercisable by Her Majesty's Chief Inspector of Education, Children's Services and Skills by virtue of section 5(1)(a)(iii) of the Care Standards Act 2000. 2 (1) Any reference in this Act or in any instrument under this Act to the Commissioner shall be construed, in relation to any time before the commencement of section 18(1), as a reference to the Data Protection Commissioner. (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Public Records Act 1958 (c. 51) 3 (1) In Part II of the Table in paragraph 3 of Schedule 1 to the Public Records Act 1958 (definition of public records), the entry relating to the Data Protection Commissioner is omitted and there is inserted at the appropriate place— Information Commissioner. (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Parliamentary Commissioner Act 1967 (c. 13) 4 In Schedule 2 to the Parliamentary Commissioner Act 1967 (departments etc. subject to investigation), the entry relating to the Data Protection Commissioner is omitted and there is inserted at the appropriate place— Information Commissioner . 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Superannuation Act 1972 (c. 11) 6 In Schedule 1 to the Superannuation Act 1972 (employment with superannuation scheme), for “Data Protection Commissioner” there is substituted “ Information Commissioner ”. Consumer Credit Act 1974 (c. 39) 7 In section 159 of the Consumer Credit Act 1974 (correction of wrong information), in subsections (7) and (8)(b), for “Data Protection Commissioner”, in both places where it occurs, there is substituted “ Information Commissioner ”. House of Commons Disqualification Act 1975 (c. 24) 8 (1) In Part II of Schedule 1 to the House of Commons Disqualification Act 1975 (bodies whose members are disqualified), the entry relating to the Data Protection Tribunal is omitted and there is inserted at the appropriate place— The Information Tribunal . (2) In Part III of that Schedule (disqualifying offices), the entry relating to the Data Protection Commissioner is omitted and there is inserted at the appropriate place— The Information Commissioner . Northern Ireland Assembly Disqualification Act 1975 (c. 25) 9 (1) In Part II of Schedule 1 to the Northern Ireland Assembly Disqualification Act 1975 (bodies whose members are disqualified), the entry relating to the Data Protection Tribunal is omitted and there is inserted at the appropriate place— The Information Tribunal . (2) In Part III of that Schedule (disqualifying offices), the entry relating to the Data Protection Commissioner is omitted and there is inserted at the appropriate place— The Information Commissioner . Tribunals and Inquiries Act 1992 (c. 53) 10 In paragraph 14 of Part I of Schedule 1 to the Tribunals and Inquiries Act 1992 (tribunals under direct supervision of Council on Tribunals)— (a) in sub-paragraph (a), for “The Data Protection Commissioner” there is substituted “ The Information Commissioner ”, and (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Judicial Pensions and Retirement Act 1993 (c. 8) 11 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 In Schedule 7 to that Act (retirement dates: transitional provisions), in paragraph 5(5)(xxvi) for “the Data Protection Tribunal” there is substituted “ the Information Tribunal ”. Data Protection Act 1998 (c. 29) 13 (1) Section 6 of the Data Protection Act 1998 (the Data Protection Commissioner and the Data Protection Tribunal) is amended as follows. (2) For subsection (1) there is substituted— (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”). (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 In section 70(1) of that Act (supplementary definitions)— (a) in the definition of “the Commissioner”, for “the Data Protection Commissioner” there is substituted “ the Information Commissioner ”, and (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 (1) Schedule 5 to that Act (the Data Protection Commissioner and the Data Protection Tribunal) is amended as follows. (2) In paragraph 1(1), for “Data Protection Commissioner” there is substituted “ Information Commissioner ”. (3) Part III shall cease to have effect. Part II Amendments relating to extension of functions of Commissioner and Tribunal Interests represented by lay members of Tribunal 16 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Expenses incurred under this Act excluded in calculating fees 17 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Information provided to Commissioner or Tribunal 18 In section 58 of that Act (disclosure of information to Commissioner or Tribunal), after “this Act” there is inserted “ or the Freedom of Information Act 2000 ”. 19 (1) Section 59 of that Act (confidentiality of information) is amended as follows. (2) In subsections (1) and (2), for “this Act”, wherever occurring, there is substituted “ the information Acts ”. (3) After subsection (3) there is inserted— (4) In this section “the information Acts” means this Act and the Freedom of Information Act 2000. Deputy commissioners 20 (1) Paragraph 4 of Schedule 5 to that Act (officers and staff) is amended as follows. (2) In sub-paragraph (1)(a), after “a deputy commissioner” there is inserted “ or two deputy commissioners ”. (3) After sub-paragraph (1) there is inserted— (1A) The Commissioner shall, when appointing any second deputy commissioner, specify which of the Commissioner’s functions are to be performed, in the circumstances referred to in paragraph 5(1), by each of the deputy commissioners. Exercise of Commissioner’s functions by others 21 (1) Paragraph 5 of Schedule 5 to that Act (exercise of functions of Commissioner during vacancy etc.) is amended as follows. (2) In sub-paragraph (1)— (a) after “deputy commissioner” there is inserted “ or deputy commissioners ”, and (b) after “this Act” there is inserted “ or the Freedom of Information Act 2000 ”. (3) In sub-paragraph (2) after “this Act” there is inserted “ or the Freedom of Information Act 2000 ”. Money 22 In paragraph 9(1) of Schedule 5 to that Act (money) for “or section 159 of the Consumer Credit Act 1974” there is substituted “ , under section 159 of the Consumer Credit Act 1974 or under the Freedom of Information Act 2000 ”.
SCHEDULE 2 The Commissioner and the Tribunal
Section 18(4). Part I Provision consequential on s. 18(1) and (2) General 1 (1) Any reference in any enactment, instrument or document to the Data Protection Commissioner or the Data Protection Registrar shall be construed, in relation to any time after the commencement of section 18(1) and before the commencement of section 119(1) of the Data (Access and Use) Act 2025, as a reference to the Information Commissioner. (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1A The Office for Standards in Education, Children's Services and Skills, in respect of information held for purposes other than those of the functions exercisable by Her Majesty's Chief Inspector of Education, Children's Services and Skills by virtue of section 5(1)(a)(iii) of the Care Standards Act 2000. 2 (1) Any reference in this Act or in any instrument under this Act to the Commissioner shall be construed, in relation to any time before the commencement of section 18(1), as a reference to the Data Protection Commissioner. (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Public Records Act 1958 (c. 51) 3 (1) In Part II of the Table in paragraph 3 of Schedule 1 to the Public Records Act 1958 (definition of public records), the entry relating to the Data Protection Commissioner is omitted and there is inserted at the appropriate place— Information Commissioner. (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Parliamentary Commissioner Act 1967 (c. 13) 4 In Schedule 2 to the Parliamentary Commissioner Act 1967 (departments etc. subject to investigation), the entry relating to the Data Protection Commissioner is omitted and there is inserted at the appropriate place— Information Commissioner . 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Superannuation Act 1972 (c. 11) 6 In Schedule 1 to the Superannuation Act 1972 (employment with superannuation scheme), for “Data Protection Commissioner” there is substituted “ Information Commissioner ”. Consumer Credit Act 1974 (c. 39) 7 In section 159 of the Consumer Credit Act 1974 (correction of wrong information), in subsections (7) and (8)(b), for “Data Protection Commissioner”, in both places where it occurs, there is substituted “ Information Commissioner ”. House of Commons Disqualification Act 1975 (c. 24) 8 (1) In Part II of Schedule 1 to the House of Commons Disqualification Act 1975 (bodies whose members are disqualified), the entry relating to the Data Protection Tribunal is omitted and there is inserted at the appropriate place— The Information Tribunal . (2) In Part III of that Schedule (disqualifying offices), the entry relating to the Data Protection Commissioner is omitted and there is inserted at the appropriate place— The Information Commissioner . Northern Ireland Assembly Disqualification Act 1975 (c. 25) 9 (1) In Part II of Schedule 1 to the Northern Ireland Assembly Disqualification Act 1975 (bodies whose members are disqualified), the entry relating to the Data Protection Tribunal is omitted and there is inserted at the appropriate place— The Information Tribunal . (2) In Part III of that Schedule (disqualifying offices), the entry relating to the Data Protection Commissioner is omitted and there is inserted at the appropriate place— The Information Commissioner . Tribunals and Inquiries Act 1992 (c. 53) 10 In paragraph 14 of Part I of Schedule 1 to the Tribunals and Inquiries Act 1992 (tribunals under direct supervision of Council on Tribunals)— (a) in sub-paragraph (a), for “The Data Protection Commissioner” there is substituted “ The Information Commissioner ”, and (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Judicial Pensions and Retirement Act 1993 (c. 8) 11 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 In Schedule 7 to that Act (retirement dates: transitional provisions), in paragraph 5(5)(xxvi) for “the Data Protection Tribunal” there is substituted “ the Information Tribunal ”. Data Protection Act 1998 (c. 29) 13 (1) Section 6 of the Data Protection Act 1998 (the Data Protection Commissioner and the Data Protection Tribunal) is amended as follows. (2) For subsection (1) there is substituted— (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”). (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 In section 70(1) of that Act (supplementary definitions)— (a) in the definition of “the Commissioner”, for “the Data Protection Commissioner” there is substituted “ the Information Commissioner ”, and (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 (1) Schedule 5 to that Act (the Data Protection Commissioner and the Data Protection Tribunal) is amended as follows. (2) In paragraph 1(1), for “Data Protection Commissioner” there is substituted “ Information Commissioner ”. (3) Part III shall cease to have effect. Part II Amendments relating to extension of functions of Commissioner and Tribunal Interests represented by lay members of Tribunal 16 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Expenses incurred under this Act excluded in calculating fees 17 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Information provided to Commissioner or Tribunal 18 In section 58 of that Act (disclosure of information to Commissioner or Tribunal), after “this Act” there is inserted “ or the Freedom of Information Act 2000 ”. 19 (1) Section 59 of that Act (confidentiality of information) is amended as follows. (2) In subsections (1) and (2), for “this Act”, wherever occurring, there is substituted “ the information Acts ”. (3) After subsection (3) there is inserted— (4) In this section “the information Acts” means this Act and the Freedom of Information Act 2000. Deputy commissioners 20 (1) Paragraph 4 of Schedule 5 to that Act (officers and staff) is amended as follows. (2) In sub-paragraph (1)(a), after “a deputy commissioner” there is inserted “ or two deputy commissioners ”. (3) After sub-paragraph (1) there is inserted— (1A) The Commissioner shall, when appointing any second deputy commissioner, specify which of the Commissioner’s functions are to be performed, in the circumstances referred to in paragraph 5(1), by each of the deputy commissioners. Exercise of Commissioner’s functions by others 21 (1) Paragraph 5 of Schedule 5 to that Act (exercise of functions of Commissioner during vacancy etc.) is amended as follows. (2) In sub-paragraph (1)— (a) after “deputy commissioner” there is inserted “ or deputy commissioners ”, and (b) after “this Act” there is inserted “ or the Freedom of Information Act 2000 ”. (3) In sub-paragraph (2) after “this Act” there is inserted “ or the Freedom of Information Act 2000 ”. Money 22 In paragraph 9(1) of Schedule 5 to that Act (money) for “or section 159 of the Consumer Credit Act 1974” there is substituted “ , under section 159 of the Consumer Credit Act 1974 or under the Freedom of Information Act 2000 ”.
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