ch3600s07a
02-12-00 01:21:20
ACT
Unit: PAG2
Freedom of Information Act 2000
Rev RA Proof, 29.11.2000
c. 36
SCHEDULE 7
73
Section 76(2).
Disclosure of information by ombudsmen
The Parliamentary Commissioner for Administration
1. At the end of section 11 of the Parliamentary Commissioner Act 1967 1967 c. 13.
(provision for secrecy of information) there is inserted—
“(5) Information obtained from the Information Commissioner by
virtue of section 76(1) of the Freedom of Information Act 2000 shall be
treated for the purposes of subsection (2) of this section as obtained for the
purposes of an investigation under this Act and, in relation to such
information, the reference in paragraph (a) of that subsection to the
investigation shall have effect as a reference to any investigation.”
2. After section 11A of that Act there is inserted—
“Disclosure of
information by
Parliamentary
Commissioner to
Information
Commissioner.
11AA.—(1) The Commissioner may disclose to the
Information Commissioner any information obtained by, or
furnished to, the Commissioner under or for the purposes of
this Act if the information appears to the Commissioner to
relate to—
(a) a matter in respect of which the Information
Commissioner could exercise any power conferred
by—
(i) Part V of the Data Protection Act 1998
(enforcement),
(ii) section 48 of the Freedom of Information
Act 2000 (practice recommendations), or
(iii) Part IV of that Act (enforcement), or
(b) the commission of an offence under—
(i) any provision of the Data Protection Act
1998 other than paragraph 12 of Schedule 9
(obstruction of execution of warrant), or
(ii) section 77 of the Freedom of Information
Act 2000 (offence of altering etc. records with intent
to prevent disclosure).
(2) Nothing in section 11(2) of this Act shall apply in relation
to the disclosure of information in accordance with this
section.”
The Commissions for Local Administration in England and Wales
3. In section 32 of the Local Government Act 1974 (law of defamation, and 1974 c. 7.
disclosure of information) after subsection (6) there is inserted—
“(7) Information obtained from the Information Commissioner by
virtue of section 76 of the Freedom of Information Act 2000 shall be
treated for the purposes of subsection (2) above as obtained for the
purposes of an investigation under this Part of this Act and, in relation to
such information, the reference in paragraph (a) of that subsection to the
investigation shall have effect as a reference to any investigation.”
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