Search Legislation

Constitutional Reform and Governance Act 2010

What Version

 Help about what version

Advanced Features

 Help about advanced features

Status:

Point in time view latest with prospective.This version of this schedule contains provisions that are prospective. Help about Status

Close

Status

The term provision is used to describe a definable element in a piece of legislation that has legislative effect – such as a Part, Chapter or section. A version of a provision is prospective either:

  1. where the provision (Part, has never come into force or;
  2. where the text of the provision is subject to change, but no date has yet been appointed by the appropriate person or body for those changes to come into force.

Commencement Orders listed in the ‘Changes to Legislation’ box as not yet applied may bring this prospective version into force.

Changes to legislation:

There are outstanding changes not yet made by the legislation.gov.uk editorial team to Constitutional Reform and Governance Act 2010. Any changes that have already been made by the team appear in the content and are referenced with annotations. Help about Changes to Legislation

Close

Changes to Legislation

Changes and effects yet to be applied by the editorial team are only applicable when viewing the latest version or prospective version of legislation. They are therefore not accessible when viewing legislation as at a specific point in time. To view the ‘Changes to Legislation’ information for this provision return to the latest version view using the options provided in the ‘What Version’ box above.

Changes and effects yet to be applied to :

 Help about changes and effects
Close

Changes and effects

This section lists the changes and effects yet to be applied to the specific provision you are viewing.

Commencement Orders yet to be applied to the Constitutional Reform and Governance Act 2010

 Help about changes and effects
Close

Commencement Orders

This section lists the commencement orders yet to be applied to the whole Act. These effects are included in this view as they may be (but won’t necessarily be) relevant to the specific provision that you are viewing. Where applicable the commencement orders are listed under two headings, firstly those that bring some part of the Act you are viewing into force and secondly, those that bring into force legislation that affects some part of the legislation you are viewing. If you are viewing a prospective version or there is a prospective version available there may be commencement orders listed here that are relevant to the provision you are viewing.

Commencement Orders bringing legislation that affects this Act into force:

Section 46

SCHEDULE 7E+W+S+N.I.Amendments of Freedom of Information Act 2000

This schedulenoteType=Explanatory Notes has no associated

1The Freedom of Information Act 2000 is amended as follows.E+W+S+N.I.

2In section 2(3) (exemptions not subject to public interest test) after paragraph (e) insert—E+W+S+N.I.

(ea)in section 37, paragraphs (a) to (ab) of subsection (1), and subsection (2) so far as relating to those paragraphs,.

3In section 37(1) (communications with Her Majesty, etc.), for paragraph (a) substitute—E+W+S+N.I.

(a)communications with the Sovereign,

(aa)communications with the heir to, or the person who is for the time being second in line of succession to, the Throne,

(ab)communications with a person who has subsequently acceded to the Throne or become heir to, or second in line to, the Throne,

(ac)communications with other members of the Royal Family (other than communications which fall within any of paragraphs (a) to (ab) because they are made or received on behalf of a person falling within any of those paragraphs), and

(ad)communications with the Royal Household (other than communications which fall within any of paragraphs (a) to (ac) because they are made or received on behalf of a person falling within any of those paragraphs), or.

4(1)Section 62 (interpretation of Part 6) is amended as follows.E+W+S+N.I.

(2)In subsection (1) (meaning of “historical record”), for “thirty years” substitute “ twenty years ”.

(3)After subsection (2) insert—

(2A)Until the end of the period of 10 years beginning with the commencement of paragraph 4 of Schedule 7 to the Constitutional Reform and Governance Act 2010, subsection (1) has effect subject to any order made under section 46(2) of that Act.

5(1)Section 63 (removal of exemptions: historical records generally) is amended as follows.E+W+S+N.I.

(2)In subsection (1)—

(a)omit “28,”, and

(b)for “36, 37(1)(a), 42 or 43” substitute “ or 42 ”.

(3)In subsection (2)—

(a)omit “28(3),”, and

(b)for “36(3), 42(2) or 43(3)” substitute “ or 42(2) ”.

(4)After subsection (2) insert—

(2A)Information contained in a historical record cannot be exempt information by virtue of section 36 except—

(a)in a case falling within subsection (2)(a)(ii) of that section, or

(b)in a case falling within subsection (2)(c) of that section where the prejudice or likely prejudice relates to the effective conduct of public affairs in Northern Ireland.

(2B)Compliance with section 1(1)(a) in relation to a historical record is not to be taken to have any of the effects referred to in subsection (3) of section 36, except where the effect—

(a)falls within subsection (2)(a)(ii) of that section, or

(b)falls within subsection (2)(c) of that section and relates to the effective conduct of public affairs in Northern Ireland.

(2C)Information cannot be exempt information—

(a)by virtue of section 28 or 43, or

(b)by virtue of section 36 in the excepted cases mentioned in subsection (2A),

after the end of the period of thirty years beginning with the year following that in which the record containing the information was created.

(2D)Compliance with section 1(1)(a) in relation to any record is not to be taken, at any time after the end of the period of thirty years beginning with the year following that in which the record was created, to be capable—

(a)of prejudicing any of the matters referred to in section 28(1) or 43(2), or

(b)of having any of the effects referred to in section 36(3) in the excepted cases mentioned in subsection (2B).

(2E)Information cannot be exempt information by virtue of any of paragraphs (a) to (ad) of section 37(1) after whichever is the later of—

(a)the end of the period of five years beginning with the date of the relevant death, and

(b)the end of the period of twenty years beginning with the date on which the record containing the information was created.

(2F)In subsection (2E)(a) “the relevant death” means—

(a)for the purposes of any of paragraphs (a) to (ac) of section 37(1), the death of the person referred to in the paragraph concerned, or

(b)for the purposes of section 37(1)(ad), the death of the Sovereign reigning when the record containing the information was created.

6After section 80 insert—E+W+S+N.I.

80AInformation held by Northern Ireland bodies

(1)This section applies to information held by—

(a)the Northern Ireland Assembly,

(b)a Northern Ireland department, or

(c)a Northern Ireland public authority.

(2)In their application to information to which this section applies, the provisions of this Act have effect subject to the following modifications.

(3)Section 2(3) (exemptions not subject to public interest test) is to be read as if paragraph (ea) were omitted.

(4)Section 37(1) (communications with Her Majesty, etc) is to be read as if for paragraphs (a) to (ad) there were substituted—

(a)communications with the Sovereign, with other members of the Royal Family or with the Royal Household, or.

(5)Section 62(1) (meaning of “historical record”) is to be read as if the reference to twenty years were a reference to thirty years.

(6)Section 63 (removal of exemptions: historical records generally) is to be read as if—

(a)in subsection (1), for the words from “section” to the end there were substituted “ section 28, 30(1), 32, 33, 35, 36, 37(1)(a), 42 or 43 ”,

(b)in subsection (2), for the words from “section” to the end there were substituted “ section 28(3), 33(3), 36(3), 42(2) or 43(3) ”, and

(c)subsections (2A) to (2F) were omitted.

Back to top

Options/Help

Print Options

You have chosen to open The Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open The Whole Act as a PDF

The Whole Act you have selected contains over 200 provisions and might take some time to download.

Would you like to continue?

You have chosen to open the Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made):The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Latest with prospective:Latest with prospective is the latest available (revised) version of the legislation but includes the prospective versions of individual provisions where they exist. This point in time view of the legislation becomes available after clicking a prospective version of a provision via Advanced Features > Show Timeline of Changes.

Close

See additional information alongside the content

Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.

Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Explanatory Notes

Text created by the government department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Public Acts except Appropriation, Consolidated Fund, Finance and Consolidation Acts.

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enactedversion that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources