The Freedom of Information (Removal and Relaxation of Statutory Prohibitions on Disclosure of Information) Order 2004

• Citation: S.I. 2004/3363
• Sections: 9

Section 1 Citation and commencement

This Order may be cited as the Freedom of Information (Removal and Relaxation of Statutory Prohibitions on Disclosure of Information) Order 2004 and comes into force on 1st January 2005.

Section 2 Factories Act 1961

After section 154 of the Factories Act 1961 (prohibition on disclosure of information), insert–

Exception to the prohibition: public authorities

(154A) Section 154 does not apply if–

(a) the person making the disclosure referred to in that section is, or is acting on behalf of a person who is, a public authority for the purposes of the Freedom of Information Act 2000, and

(b) the information is not held by the authority on behalf of another person.

Section 3 Offices, Shops and Railway Premises Act 1963

After section 59 of the Offices, Shops and Railway Premises Act 1963 (restriction on disclosure of information), insert–

Exception to restriction: public authorities

(59A) Section 59 does not apply if–

(a) the person making the disclosure referred to in that section is, or is acting on behalf of a person who is, a public authority for the purposes of the Freedom of Information Act 2000, and

(b) the information is not held by the authority on behalf of another person.

Section 4 Medicines Act 1968

In section 118 of the Medicines Act 1968 (restrictions on disclosure of information), after subsection (1) insert–

(1A) Subsection (1) of this section does not apply if–

(a) the person making the disclosure is, or is acting on behalf of a person who is, a public authority for the purposes of the Freedom of Information Act 2000, and

(b) the information is not held by the authority on behalf of another person.

Section 5 Health and Safety At Work Act 1974

(1) Section 28 of the Health and Safety At Work Act 1974 (restrictions on disclosure of information) is amended as follows.

(2) In subsection (3), after paragraph (e), insert–

(f) any other disclosure of information by the recipient, if–

(i) the recipient is, or is acting on behalf of a person who is, a public authority for the purposes of the Freedom of Information Act 2000, and

(ii) the information is not held by the authority on behalf of another person.

(3) In subsection (5), after “disclosed in pursuance of”, insert “any of paragraphs (a) to (e) of”.

(4) After subsection (9) insert–

(9A) Subsection (7) above does not apply if–

(a) the person who has obtained any such information as is referred to in that subsection is, or is acting on behalf of a person who is, a public authority for the purposes of the Freedom of Information Act 2000, and

(b) the information is not held by the authority on behalf of another person.

Section 6 Biological Standards Act 1975

Section 5 of the Biological Standards Act 1975 (restrictions on disclosure of information) is repealed.

Section 7 National Health Service Act 1977

In Schedule 11 to the National Health Service Act 1977 , after paragraph 5 (restrictions on disclosing information) insert–

(5A) Paragraph 5 above does not apply if–

(a) the person who has obtained any such information as is referred to in that paragraph is, or is acting on behalf of a person who is, a public authority for the purposes of the Freedom of Information Act 2000, and

(b) the information is not held by the public authority on behalf of another person.

Section 8 Audit Commission Act 1998

(1) The Audit Commission Act 1998 is amended as follows.

(2) In section 49 (restriction on disclosure of information)–

(a) in subsection (1), omit paragraph (e);

(b) after subsection (1), insert–

(1A) Subsection (1) does not apply in relation to disclosure by a person who is, or acts on behalf of a person who is, a public authority for the purposes of the Freedom of Information Act 2000.

(3) After section 49, insert–

Disclosure of information by or on behalf of public authorities

(49A)

(1) This section applies if information relating to a particular body or other person is obtained by the Commission or an auditor, or by a person acting on behalf of the Commission or an auditor–

(a) pursuant to a provision of this Act or of Part 1 of the Local Government Act 1999, or

(b) in the course of an audit or study under this Act or under Part 1 of the Local Government Act 1999.

(2) A person who is, or acts on behalf of a person who is, a public authority for the purposes of the Freedom of Information Act 2000, may disclose any such information–

(a) in the circumstances in which he would (but for section 49(1A)) be authorised to do so under section 49(1);

(b) in accordance with section 41(4); or

(c) in any other circumstances, except where such a disclosure would, or would be likely to, prejudice the effective performance by such a person of a function imposed or conferred on the person by or under an enactment.

(3) A person mentioned in subsection (2) who discloses any such information otherwise than as authorised by subsection (2) is guilty of an offence and liable on summary conviction to a fine not exceeding the statutory maximum.

Section 9 Access to Justice Act 1999

In section 20 of the Access to Justice Act 1999 (restriction of disclosure of information), after subsection (4) insert–

(4A) Subsection (1) does not prevent the disclosure of information after the end of the restricted period, if–

(a) the disclosure is by a person who is, or is acting on behalf of a person who is, a public authority for the purposes of the Freedom of Information Act 2000, and

(b) the information is not held by the authority on behalf of another person.

(4B) The restricted period is the period of one hundred years starting at the end of the calendar year in which a record containing the information was first created.