| Guvnor

Enforced by: ICO
Status: Amended (in force with amendments)
Penalty ceiling: Regulated

Does it bind you?

Business-side roles with duties under this instrument.

Plus 1 duty on the regulator, Crown ministers and public bodies — folded into the section list below.

What it requires

Sections creating concrete business duties or carrying penalties, grouped as the instrument is structured. Titles link to the source text — blue means you’re leaving for legislation.gov.uk.

Part 1

Access to information held by public authorities

0 of 22 sections shown

22 other sections in this Part — procedural and definitional

s.001 General right of access to information held by public authorities.

s.002 Effect of the exemptions in Part II.

s.003 Public authorities.

s.004 Amendment of Schedule 1.

s.005 Further power to designate public authorities.

s.006 Publicly-owned companies.

s.007 Public authorities to which Act has limited application.

s.008 Request for information.

s.009 Fees.

s.010 Time for compliance with request.

s.011 Means by which communication to be made.

s.011 Release of datasets for re-use

s.011 Power to charge fees in relation to release of datasets for re-use

s.012 Exemption where cost of compliance exceeds appropriate limit.

s.013 Fees for disclosure where cost of compliance exceeds appropriate limit.

s.014 Vexatious or repeated requests.

s.015 Special provisions relating to public records transferred to Public Record Office,

s.016 Duty to provide advice and assistance.

s.017 Refusal of request.

s.018 The Information Commissioner . . .

s.019 Publication schemes.

s.020 Model publication schemes.

Part 2

Exempt information

0 of 25 sections shown

25 other sections in this Part — procedural and definitional

s.021 Information accessible to applicant by other means.

s.022 Information intended for future publication.

s.022 Research

s.023 Information supplied by, or relating to, bodies dealing with security matters.

s.024 National security.

s.025 Certificates under ss. 23 and 24: supplementary provisions.

s.026 Defence.

s.027 International relations.

s.028 Relations within the United Kingdom.

s.029 The economy.

s.030 Investigations and proceedings conducted by public authorities.

s.031 Law enforcement.

s.032 Court records, etc.

s.033 Audit functions.

s.034 Parliamentary privilege.

s.035 Formulation of government policy, etc.

s.036 Prejudice to effective conduct of public affairs.

s.037 Communications with Her Majesty, etc. and honours.

s.038 Health and safety.

s.039 Environmental information.

s.040 Personal information.

s.041 Information provided in confidence.

s.042 Legal professional privilege.

s.043 Commercial interests.

s.044 Prohibitions on disclosure.

Part 3

General functions of Minister for the Cabinet Office, Secretary of State and Information Commissioner

0 of 5 sections shown

5 other sections in this Part — procedural and definitional

s.045 Issue of code of practice by the Minister for the Cabinet Office.

s.046 Issue of code of practice by Secretary of State.

s.047 General functions of Commissioner.

s.048 Recommendations as to good practice.

s.049 Reports to be laid before Parliament.

Part 4

Enforcement

1 of 7 sections shown

s.053 Exception from duty to comply with decision notice or enforcement notice. Regulated

Other duties (1) — Crown / regulator

Senior Minister or accountable person must certify no FOIA failure occurredCrown / Minister / Government department

6 other sections in this Part — procedural and definitional

s.050 Application for decision by Commissioner.

s.051 Information notices.

s.052 Enforcement notices.

s.054 Failure to comply with notice.

s.055 Powers of entry and inspection.

s.056 No action against public authority.

Part 5

Appeals

0 of 5 sections shown

5 other sections in this Part — procedural and definitional

s.057 Appeal against notices served under Part IV.

s.058 Determination of appeals.

s.059 Appeals from decision of Tribunal.

s.060 Appeals against national security certificate.

s.061 Appeal proceedings

Part 6

Historical records and records in Public Record Office or Public Record Office of Northern Ireland

0 of 6 sections shown

6 other sections in this Part — procedural and definitional

s.062 Interpretation of Part VI.

s.063 Removal of exemptions: historical records generally.

s.064 Removal of exemptions: historical records in public record offices.

s.065 Decisions as to refusal of discretionary disclosure of historical records.

s.066 Decisions relating to certain transferred public records.

s.067 Amendments of public records legislation.

Part 7

Amendments of Data Protection Act 1998

0 of 6 sections shown

6 other sections in this Part — procedural and definitional

s.068 Extension of meaning of “data”.

s.069 Right of access to unstructured personal data held by public authorities.

s.070 Exemptions applicable to certain manual data held by public authorities.

s.071 Particulars registrable under Part III of Data Protection Act 1998.

s.072 Availability under Act disregarded for purpose of exemption.

s.073 Further amendments of Data Protection Act 1998.

Part 8

Miscellaneous and supplemental

0 of 18 sections shown

18 other sections in this Part — procedural and definitional

s.074 Power to make provision relating to environmental information.

s.075 Power to amend or repeal enactments prohibiting disclosure of information.

s.076 Disclosure of information between Commissioner and ombudsmen.

s.076 Disclosure between Commissioner and Scottish Information Commissioner

s.076 Disclosure of information to Tribunal

s.077 Offence of altering etc. records with intent to prevent disclosure.

s.078 Saving for existing powers.

s.079 Defamation.

s.080 Scotland.

s.080 Information held by Northern Ireland bodies

s.081 Application to government departments, etc.

s.082 Orders and regulations.

s.083 Meaning of “Welsh public authority”.

s.084 Interpretation.

s.085 Expenses.

s.086 Repeals.

s.087 Commencement.

s.088 Short title and extent.

Schedules

0 of 166 shown

166 other schedules

s.sch001 Any government department other than (a) the Competition and Markets...

s.sch001 The Sub-Treasurer of the Inner Temple or the Under-Treasurer of...

s.sch001 The Council of the Isles of Scilly.

s.sch001 A parish meeting constituted under section 13 of the Local...

s.sch001 Any charter trustees constituted under section 246 of the Local...

s.sch001 A fire and rescue authority constituted by a scheme under...

s.sch001 A fire and rescue authority created by an order under...

s.sch001 A waste disposal authority established by virtue of an order...

s.sch001 Local government

s.sch001 A port health authority constituted by an order under section...

s.sch001 Local government

s.sch001 An internal drainage board which is continued in being by...

s.sch001 A joint authority established under Part IV of the Local...

s.sch001 An economic prosperity board established under section 88 of the...

s.sch001 A combined authority established under section 103 of that Act....

s.sch001 A combined county authority established under section 9(1) of the...

s.sch001 The Office for Standards in Education, Children's Services and Skills,...

s.sch001 The Competition and Markets Authority, in respect of information held...

s.sch001 The House of Commons , in respect of information other...

s.sch001 The London Fire Commissioner.

s.sch001 A joint fire authority established by virtue of an order...

s.sch001 A body corporate established pursuant to an order under section...

s.sch001 The Broads Authority established by section 1 of the Norfolk...

s.sch001 A joint committee constituted in accordance with section 102(1)(b) of...

s.sch001 A joint board which is continued in being by virtue...

s.sch001 A joint authority established under section 21 of the Local...

s.sch001 A Passenger Transport Executive for an integrated transport area for...

s.sch001 A sub-national transport body established under section 102E of the...

s.sch001 Transport for London.

s.sch001 The House of Lords , in respect of information other...

s.sch001 The London Transport Users Committee.

s.sch001 A joint board the constituent members of which consist of...

s.sch001 A National Park authority established by an order under section...

s.sch001 A joint planning board constituted for an area in Wales...

s.sch001 A strategic planning panel established under section 60D of the...

s.sch001 Local government

s.sch001 An inshore fisheries and conservation authority for a district established...

s.sch001 An urban development corporation established under section 135 of the...

s.sch001 A Mayoral development corporation established under section 198 of the...

s.sch001 A Local Healthwatch organisation, in respect of information held in...

s.sch001 A corporate joint committee established by regulations under Part 5...

s.sch001 A district council within the meaning of the Local Government...

s.sch001 The National Health Service

s.sch001 NHS England .

s.sch001 An integrated care board established under section 14Z25 of the...

s.sch001 A special health authority established under section 28 of the...

s.sch001 The National Health Service

s.sch001 A Local Health Board established under section 11 of the...

s.sch001 The Northern Ireland Assembly.

s.sch001 A National Health Service trust established under section 25 of...

s.sch001 An NHS foundation trust.

s.sch001 A Community Health Council established under section 182 of the...

s.sch001 The National Health Service

s.sch001 Any person providing primary medical services , primary dental services...

s.sch001 Any person providing general medical services, general dental services, general...

s.sch001 Any person providing personal medical services or personal dental services...

s.sch001 Any person providing local pharmaceutical services under—

s.sch001 The National Health Service

s.sch001 A Health and Social Services Board established under Article 16...

s.sch001 A Health and Social Services Council established under Article 4...

s.sch001 A Health and Social Care trust established under Article 10...

s.sch001 A special agency established under Article 3 of the Health...

s.sch001 The National Assembly for Wales, in respect of information other...

s.sch001 The Northern Ireland Central Services Agency for the Health and...

s.sch001 Any person providing primary medical services, general dental services, general...

s.sch001 The Regional Business Services Organisation established under section 14 of...

s.sch001 The Patient and Client Council established under section 16 of...

s.sch001 The Regional Health and Social Care Board established under section...

s.sch001 The Regional Agency for Public Health and Social Well-being established...

s.sch001 The governing body of— (a) a maintained school, as defined...

s.sch001 (1) The proprietor of an Academy, in respect of information...

s.sch001 (1) The governing body of— (a) an institution within the...

s.sch001 (1) The managers of— (a) a controlled school, voluntary school...

s.sch001 (1) The governing body of— (a) a university receiving financial...

s.sch001 Any person providing further education to whom grants, loans or...

s.sch001 A police and crime commissioner.

s.sch001 The Mayor's Office for Policing and Crime.

s.sch001 A chief officer of police of a police force in...

s.sch001 the Welsh Assembly Government.

s.sch001 The armed forces of the Crown, except—

s.sch001 The Northern Ireland Policing Board.

s.sch001 The Chief Constable of the Police Service of Northern Ireland....

s.sch001 The British Transport Police.

s.sch001 The Ministry of Defence Police established by section 1 of...

s.sch001 The Civil Nuclear Police Authority.

s.sch001 The chief constable of the Civil Nuclear Constabulary.

s.sch001 Any person who— (a) by virtue of any enactment has...

s.sch001 A local authority within the meaning of the Local Government...

s.sch001 The Greater London Authority.

s.sch001 The Common Council of the City of London, in respect...

s.sch002 (1) Any reference in any enactment, instrument or document to...

s.sch002 In paragraph 14 of Part I of Schedule 1 to...

s.sch002 In Schedule 5 to the Judicial Pensions and Retirement Act...

s.sch002 In Schedule 7 to that Act (retirement dates: transitional provisions),...

s.sch002 (1) Section 6 of the Data Protection Act 1998 (the...

s.sch002 In section 70(1) of that Act (supplementary definitions)—

s.sch002 (1) Schedule 5 to that Act (the Data Protection Commissioner...

s.sch002 In section 6(6) of the Data Protection Act 1998 (lay...

s.sch002 In section 26(2) of that Act (fees regulations), in paragraph...

s.sch002 In section 58 of that Act (disclosure of information to...

s.sch002 (1) Section 59 of that Act (confidentiality of information) is...

s.sch002 The Office for Standards in Education, Children's Services and Skills,...

s.sch002 (1) Any reference in this Act or in any instrument...

s.sch002 (1) Paragraph 4 of Schedule 5 to that Act (officers...

s.sch002 (1) Paragraph 5 of Schedule 5 to that Act (exercise...

s.sch002 In paragraph 9(1) of Schedule 5 to that Act (money)...

s.sch002 (1) In Part II of the Table in paragraph 3...

s.sch002 In Schedule 2 to the Parliamentary Commissioner Act 1967 (departments...

s.sch002 In Schedule 4 to that Act (tribunals exercising administrative functions),...

s.sch002 In Schedule 1 to the Superannuation Act 1972 (employment with...

s.sch002 In section 159 of the Consumer Credit Act 1974 (correction...

s.sch002 (1) In Part II of Schedule 1 to the House...

s.sch002 (1) In Part II of Schedule 1 to the Northern...

s.sch003 (1) If a circuit judge or a District Judge (Magistrates'...

s.sch003 If the person in occupation of any premises in respect...

s.sch003 A warrant issued under this Schedule shall be returned to...

s.sch003 Any person who— (a) intentionally obstructs a person in the...

s.sch003 In this Schedule “premises” includes any vessel, vehicle, aircraft or...

s.sch003 In the application of this Schedule to Scotland—

s.sch003 In the application of this Schedule to Northern Ireland—

s.sch003 (1) A judge shall not issue a warrant under this...

s.sch003 A judge who issues a warrant under this Schedule shall...

s.sch003 A person executing a warrant issued under this Schedule may...

s.sch003 A warrant issued under this Schedule shall be executed at...

s.sch003 (1) If the premises in respect of which a warrant...

s.sch003 (1) A person seizing anything in pursuance of a warrant...

s.sch003 The powers of inspection and seizure conferred by a warrant...

s.sch003 (1) Subject to the provisions of this paragraph, the powers...

s.sch004 In paragraph 2(1) of Schedule 6 to the Data Protection...

s.sch004 For paragraph 3 of that Schedule there is substituted—

s.sch004 (1) Paragraph 4 of that Schedule (constitution of Tribunal in...

s.sch004 (1) Paragraph 7 of that Schedule (rules of procedure) is...

s.sch005 In section 1 of the Public Records Act 1958 (general...

s.sch005 (1) Section 5 of that Act (access to public records)...

s.sch005 Schedule 2 of that Act (enactments prohibiting disclosure of information...

s.sch005 In Schedule 1 to that Act (definition of public records)...

s.sch005 After section 5 of the Public Records Act (Northern Ireland)...

s.sch006 In section 7 of the Data Protection Act 1998 (right...

s.sch006 After section 35 of that Act there is inserted— Parliamentary...

s.sch006 After section 63 of that Act there is inserted— Application...

s.sch006 In Schedule 2 to that Act (conditions relevant for the...

s.sch006 In Schedule 3 to that Act (conditions relevant for the...

s.sch006 In Schedule 7 to that Act (miscellaneous exemptions) in paragraph...

s.sch006 In paragraph 10 of that Schedule (legal professional privilege), for...

s.sch006 In Schedule 14 to that Act (transitional provisions), in paragraph...

s.sch007 At the end of section 11 of the Parliamentary Commissioner...

s.sch007 After that Article there is inserted— Disclosure of information to...

s.sch007 At the end of Article 19 of the Ombudsman (Northern...

s.sch007 After that Article there is inserted— Disclosure of information to...

s.sch007 In section 30 of the Local Government (Scotland) Act 1975...

s.sch007 After section 11A of that Act there is inserted— Disclosure...

s.sch007 In section 32 of the Local Government Act 1974 (law...

s.sch007 After section 33 of that Act there is inserted— Disclosure...

s.sch007 At the end of section 15 of the Health Service...

s.sch007 After section 18 of that Act there is inserted— Disclosure...

s.sch007 In Schedule 9 to the Government of Wales Act 1998...

s.sch007 After paragraph 27 of that Schedule there is inserted— Disclosure...

s.sch007 At the end of Article 21 of the Commissioner for...

s.schedule/1/part/vii/paragraph/wrapper2n2 An advisory committee established under paragraph 25 of the Health...

s.schedule/1/part/vi/paragraph/wrapper1n2 The Adjudication Panel for Wales. ... The adjudicators appointed under...

Connected legislation

Instruments made under this Act. They carry the detail the Act delegates.

The Freedom of Information Act 2000 (Amendment) (EU Exit) Regulations 2018 SI 2018/1353

The Freedom of Information (Definition of Historical Records) (Transitional and Saving Provisions) Order 2012 SI 2012/3029

The Freedom of Information (Designation as Public Authority and Amendment) Order 2018 SI 2018/1212

Duty extraction and severity labels are Guvnor’s analysis of the instrument, not the instrument itself. Always verify against the linked source text.