ch3600c17a
02-12-00 01:17:24
ACT
Freedom of Information Act 2000
Unit: PAG1
Rev RA Proof, 29.11.2000
c. 36
43
Part VIII
(a) a government department which is not a Northern Ireland
department to claim for the purposes of section 41(1)(b) that the
disclosure of any information by it would constitute a breach of
confidence actionable by any other government department
(not being a Northern Ireland department), or
(b) a Northern Ireland department to claim for those purposes that
the disclosure of information by it would constitute a breach of
confidence actionable by any other Northern Ireland
department.
(3) A government department is not liable to prosecution under this
Act, but section 77 and paragraph 12 of Schedule 3 apply to a person in
the public service of the Crown as they apply to any other person.
(4) The provisions specified in subsection (3) also apply to a person
acting on behalf of either House of Parliament or on behalf of the
Northern Ireland Assembly as they apply to any other person.
82.—(1) Any power of the Secretary of State to make an order or Orders and
regulations under this Act shall be exercisable by statutory instrument. regulations.
(2) A statutory instrument containing (whether alone or with other
provisions)—
(a) an order under section 5, 7(3) or (8), 53(1)(a)(iii) or 75, or
(b) regulations under section 10(4) or 74(3),
shall not be made unless a draft of the instrument has been laid before,
and approved by a resolution of, each House of Parliament.
(3) A statutory instrument which contains (whether alone or with
other provisions)—
(a) an order under section 4(1), or
(b) regulations under any provision of this Act not specified in
subsection (2)(b),
and which is not subject to the requirement in subsection (2) that a draft
of the instrument be laid before and approved by a resolution of each
House of Parliament, shall be subject to annulment in pursuance of a
resolution of either House of Parliament.
(4) An order under section 4(5) shall be laid before Parliament after
being made.
(5) If a draft of an order under section 5 or 7(8) would, apart from this
subsection, be treated for the purposes of the Standing Orders of either
House of Parliament as a hybrid instrument, it shall proceed in that
House as if it were not such an instrument.
83.—(1) In this Act “Welsh public authority” means—
(a) any public authority which is listed in Part II, III, IV or VI of
Schedule 1 and whose functions are exercisable only or mainly
in or as regards Wales, other than an excluded authority, or
(b) any public authority which is an Assembly subsidiary as defined
by section 99(4) of the Government of Wales Act 1998.
(2) In paragraph (a) of subsection (1) “excluded authority” means a
public authority which is designated by the Secretary of State by order as
an excluded authority for the purposes of that paragraph.
Meaning of
“Welsh public
authority”.
1998 c. 38.
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