http://www.legislation.gov.uk/id/ukpga/2012/9

http://www.legislation.gov.uk/ukpga/2012/9/section/103

Protection of Freedoms Act 2012

An Act to provide for the destruction, retention, use and other regulation of certain evidential material; to impose consent and other requirements in relation to certain processing of biometric information relating to children; to provide for a code of practice about surveillance camera systems and for the appointment and role of the Surveillance Camera Commissioner; to provide for judicial approval in relation to certain authorisations and notices under the Regulation of Investigatory Powers Act 2000; to provide for the repeal or rewriting of powers of entry and associated powers and for codes of practice and other safeguards in relation to such powers; to make provision about vehicles left on land; to amend the maximum detention period for terrorist suspects; to replace certain stop and search powers and to provide for a related code of practice; to make provision about the safeguarding of vulnerable groups and about criminal records including provision for the establishment of the Disclosure and Barring Service and the dissolution of the Independent Safeguarding Authority; to disregard convictions and cautions for certain abolished offences; to make provision about the release and publication of datasets held by public authorities and to make other provision about freedom of information and the Information Commissioner; to make provision about the trafficking of people for exploitation and about stalking; to repeal certain enactments; and for connected purposes.

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Statute Law Database

2024-04-08

Expert Participation

2023-12-20

Protection of Freedoms Act 2012

specified provision(s)

The Protection of Freedoms Act 2012 (Destruction, Retention and Use of Biometric Data) (Transitional, Transitory and Saving Provisions) Order 2013

art. 2-9

Protection of Freedoms Act 2012

Sch. 1

para. 7A

Counter-Terrorism and Border Security Act 2019

Sch. 2

para. 20

s. 27(2)(b)

Protection of Freedoms Act 2012

specified provision(s)

The Protection of Freedoms Act 2012 (Commencement No. 3) (Amendment) Order 2014

art. 2(2)

art. 1

Part 6Freedom of information and data protection

Other amendments relating to freedom of information

I1103Meaning of “publicly-owned company”

1

Section 6 of the Freedom of Information Act 2000 (publicly-owned companies) is amended as follows.

2

In subsection (1)—

a

omit “or” at the end of paragraph (a),

b

in paragraph (b) for the words from “any public authority” to “particular information” substitute “ the wider public sector ”, and

c

after paragraph (b) insert

, or
c
it is wholly owned by the Crown and the wider public sector.

3

For subsection (2) substitute—

2
For the purposes of this section—
a
a company is wholly owned by the Crown if, and only if, every member is a person falling within sub-paragraph (i) or (ii)—
i
a Minister of the Crown, government department or company wholly owned by the Crown, or
ii
a person acting on behalf of a Minister of the Crown, government department or company wholly owned by the Crown,
b
a company is wholly owned by the wider public sector if, and only if, every member is a person falling within sub-paragraph (i) or (ii)—
i
a relevant public authority or a company wholly owned by the wider public sector, or
ii
a person acting on behalf of a relevant public authority or of a company wholly owned by the wider public sector, and
c
a company is wholly owned by the Crown and the wider public sector if, and only if, condition A, B or C is met.
2A
In subsection (2)(c)—
a
condition A is met if—
i
at least one member is a person falling within subsection (2)(a)(i) or (ii),
ii
at least one member is a person falling within subsection (2)(b)(i) or (ii), and
iii
every member is a person falling within subsection (2)(a)(i) or (ii) or (b)(i) or (ii),
b
condition B is met if—
i
at least one member is a person falling within subsection (2)(a)(i) or (ii) or (b)(i) or (ii),
ii
at least one member is a company wholly owned by the Crown and the wider public sector, and
iii
every member is a person falling within subsection (2)(a)(i) or (ii) or (b)(i) or (ii) or a company wholly owned by the Crown and the wider public sector, and
c
condition C is met if every member is a company wholly owned by the Crown and the wider public sector.

4

In subsection (3), at the end, insert—

“relevant public authority” means any public authority listed in Schedule 1 other than—
a
a government department, or
b
any authority which is listed only in relation to particular information