Freedom of Information Act 2000

Freedom of Information Act 2000

2000 CHAPTER 36

Commentary on Sections

Part I: Access to information held by public authorities

Right to information

Section 7: Public authorities to which Act has limited application

42. Subsection (1) provides that where a public authority is listed in Schedule 1 only in relation to specified information nothing in Parts I to V of the Act applies to any other information held by that authority.

43. Subsection (2) provides that an order under section 4(1) may specify that it is only to have effect with respect to particular information.

44. Subsection (3) enables the Secretary of State by order to amend Schedule 1 by limiting the information in relation to any public authority and by removing or amending that limitation. Such an order is subject to affirmative resolution procedure (section 82(2)(a)). Subsection (4) sets out with whom the Secretary of State must consult before making such an order.

45. Subsection (5) requires that an order made under section 5(1)(a) must specify the functions with respect to which it has effect. Nothing in Parts I to V of the Act applies to information held by an authority designated by order under section 5(1)(a) which does not relate to the specified functions.

46. Subsection (6) requires an order made under section 5(1)(b) to specify the services provided under contract to which the designation is to apply. Nothing in Parts I to V of the Act applies to information held by a contractor designated in such an order which does not relate to the provision of the specified services.

47. Subsection (7) provides that nothing in Parts I to V of the Act applies to information held by a publicly-owned company which is excluded information.

48. Subsection (8) defines excluded information for the proposed subsection (7) as being information specified in relation to a publicly-owned company in an order by the Secretary of State. Such an order is subject to the affirmative resolution procedure (Section 82(2)(a)).