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Link to original content: http://www.legislation.gov.uk/ukpga/2000/36/section/7/2015-12-09
Version Superseded: 09/11/2016
Point in time view as at 09/12/2015. This version of this provision has been superseded.
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(1)Where a public authority is listed in Schedule 1 only in relation to information of a specified description, nothing in Parts I to V of this Act applies to any other information held by the authority.
(2)An order under section 4(1) may, in adding an entry to Schedule 1, list the public authority only in relation to information of a specified description.
(3)The [F1Secretary of State] [F2or the Chancellor of the Duchy] may by order amend Schedule 1—
(a)by limiting to information of a specified description the entry relating to any public authority, or
(b)by removing or amending any limitation to information of a specified description which is for the time being contained in any entry.
(4)Before making an order under subsection (3), the [F1Secretary of State] [F3or the Chancellor of the Duchy] shall—
[F4(a)if the order relates to the National Assembly for Wales or a Welsh public authority referred to in section 83(1)(b)(ii) (subsidiary of the Assembly Commission), consult the Presiding Officer of the National Assembly for Wales,
(aa)if the order relates to the Welsh Assembly Government or a Welsh public authority other than one referred to in section 83(1)(b)(ii), consult the First Minister for Wales,]
(b)if the order relates to the Northern Ireland Assembly, consult the Presiding Officer of that Assembly, and
(c)if the order relates to a Northern Ireland department or a Northern Ireland public authority, consult the First Minister and deputy First Minister in Northern Ireland.
(5)An order under section 5(1)(a) must specify the functions of the public authority designated by the order with respect to which the designation is to have effect; and nothing in Parts I to V of this Act applies to information which is held by the authority but does not relate to the exercise of those functions.
(6)An order under section 5(1)(b) must specify the services provided under contract with respect to which the designation is to have effect; and nothing in Parts I to V of this Act applies to information which is held by the public authority designated by the order but does not relate to the provision of those services.
(7)Nothing in Parts I to V of this Act applies in relation to any information held by a publicly-owned company which is excluded information in relation to that company.
(8)In subsection (7) “excluded information”, in relation to a publicly-owned company, means information which is of a description specified in relation to that company in an order made by the [F1Secretary of State] [F5or the Chancellor of the Duchy] for the purposes of this subsection.
(9)In this section “publicly-owned company” has the meaning given by section 6.
Textual Amendments
F1Words in s. 7 substituted (19.8.2003) by The Secretary of State for Constitutional Affairs Order 2003 (S.I. 2003/1887), art. 9, Sch. 2 para. 12(1)(a)
F2Words in s. 7(3) inserted (9.12.2015) by The Transfer of Functions (Information and Public Records) Order 2015 (S.I. 2015/1897), art. 1(2), Sch. para. 2(2)(c)
F3Words in s. 7(4) inserted (9.12.2015) by The Transfer of Functions (Information and Public Records) Order 2015 (S.I. 2015/1897), art. 1(2), Sch. para. 2(2)(c)
F4S. 7(4)(a)(aa) substituted for s. 7(4)(a) by The Government of Wales Act 2006 (Consequential Modifications and Transitional Provisions) Order 2007 (S.I. 2007/1388), art. 3, Sch. 1 para. 79 (the amendment coming into force immediately after the end of "the initial period" (which ended with the day of the first appointment of a First Minister on 25.5.2007) in accordance with art. 1(2)(3) of the amending S.I. and see ss. 46, 161(5) of Government of Wales Act 2006 (c. 32))
F5Words in s. 7(8) inserted (9.12.2015) by The Transfer of Functions (Information and Public Records) Order 2015 (S.I. 2015/1897), art. 1(2), Sch. para. 2(2)(c)
Modifications etc. (not altering text)
C1S. 7(3) functions made exercisable concurrently (9.12.2015) by The Transfer of Functions (Information and Public Records) Order 2015 (S.I. 2015/1897), arts. 1(2), 3(1), (2)(c) (with art. 5)
C2S. 7(4)(8) functions made exercisable concurrently (9.12.2015) by The Transfer of Functions (Information and Public Records) Order 2015 (S.I. 2015/1897), arts. 1(2), 3(1), (2)(c) (with art. 5)
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