Statutory Instruments

2004 No. 3089 (S.10)

CONSTITUTIONAL LAW

DEVOLUTION, SCOTLAND

FREEDOM OF INFORMATION

The Freedom of Information (Scotland) Act 2002 (Consequential Modifications) Order 2004

Made

19th November 2004

Coming into force

1st January 2005

Whereas a draft of this Order has been laid before and approved by a resolution of each House of Parliament in accordance with section 115 of, and paragraphs 1, 2 and 3 of Schedule 7 to, the Scotland Act 1998( 1 );

Now, therefore, the Secretary of State in exercise of the powers conferred upon him by sections 104, 112(1) and 113 of that Act, and of all other powers enabling him in that behalf, hereby makes the following Order:

Citation and commencement

1. This Order may be cited as the Freedom of Information (Scotland) Act 2002 (Consequential Modifications) Order 2004 and shall come into force on 1st January 2005.

Data Protection Act 1998

2. —(1)The Data Protection Act 1998( 2 ) is amended as follows.

(2) In section 1 (basic interpretative provisions)–

(a) in subsection (1)( 3 ), for the definition of “public authority” substitute–

“ “public authority” means a public authority as defined by the Freedom of Information Act 2000 ( 4 ) or a Scottish public authority as defined by the Freedom of Information (Scotland) Act 2002 ( 5 ) ; ” ;

(b) in subsection (5)( 6 ), at the end add “or section 3(2), (4) and (5) of the Freedom of Information (Scotland) Act 2002”; and

(c) in subsection (6)( 7 ) the existing words “section 7 of the Freedom of Information Act 2000 prevents Parts 1 to 5 of that Act” become paragraph (a) and after that paragraph insert the word “or” and the following paragraph:–

“ (b) section 7(1) of the Freedom of Information (Scotland) Act 2002 prevents that Act, ” .

Freedom of Information Act 2000

3. —(1)The Freedom of Information Act 2000, is amended as follows.

(2) After section 76, insert–

“ Disclosure between Commissioner and Scottish Information Commissioner

76A. The Commissioner may disclose to the Scottish Information Commissioner any information obtained or furnished as mentioned in section 76(1) of this Act if it appears to the Commissioner that the information is of the same type that could be obtained by, or furnished to, the Scottish Information Commissioner under or for the purposes of the Freedom of Information (Scotland) Act 2002. ” .

(3) In section 80, after subsection (2), add–

“ (3)Section 50 of the Copyright, Designs and Patents Act 1988 ( 8 ) and paragraph 6 of Schedule 1 to the Copyright and Rights in Databases Regulations 1997 ( 9 ) apply in relation to the Freedom of Information (Scotland) Act 2002 as they apply in relation to this Act. ” .