ch3600c04a
02-12-00 01:17:21
ACT
Unit: PAG1
Freedom of Information Act 2000
Rev RA Proof, 29.11.2000
c. 36
11
Part I
(b) that, in all the circumstances of the case, the public interest in
maintaining the exemption outweighs the public interest in
disclosing the information.
(4) A public authority is not obliged to make a statement under
subsection (1)(c) or (3) if, or to the extent that, the statement would
involve the disclosure of information which would itself be exempt
information.
(5) A public authority which, in relation to any request for
information, is relying on a claim that section 12 or 14 applies must,
within the time for complying with section 1(1), give the applicant a notice
stating that fact.
(6) Subsection (5) does not apply where—
(a) the public authority is relying on a claim that section 14 applies,
(b) the authority has given the applicant a notice, in relation to a
previous request for information, stating that it is relying on
such a claim, and
(c) it would in all the circumstances be unreasonable to expect the
authority to serve a further notice under subsection (5) in
relation to the current request.
(7) A notice under subsection (1), (3) or (5) must—
(a) contain particulars of any procedure provided by the public
authority for dealing with complaints about the handling of
requests for information or state that the authority does not
provide such a procedure, and
(b) contain particulars of the right conferred by section 50.
The Information Commissioner and the Information Tribunal
18.—(1) The Data Protection Commissioner shall be known instead as The Information
Commissioner
the Information Commissioner.
and the
(2) The Data Protection Tribunal shall be known instead as the Information
Tribunal.
Information Tribunal.
(3) In this Act—
(a) the Information Commissioner is referred to as “the
Commissioner”, and
(b) the Information Tribunal is referred to as “the Tribunal”.
(4) Schedule 2 (which makes provision consequential on subsections
(1) and (2) and amendments of the Data Protection Act 1998 relating to 1998 c. 29.
the extension by this Act of the functions of the Commissioner and the
Tribunal) has effect.
(5) If the person who held office as Data Protection Commissioner
immediately before the day on which this Act is passed remains in office
as Information Commissioner at the end of the period of two years
beginning with that day, he shall vacate his office at the end of that period.
(6) Subsection (5) does not prevent the re-appointment of a person
whose appointment is terminated by that subsection.
(7) In the application of paragraph 2(4)(b) and (5) of Schedule 5 to the
Data Protection Act 1998 (Commissioner not to serve for more than
fifteen years and not to be appointed, except in special circumstances, for
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