Laws restricting disclosure of information

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Introduction

Many laws recently introduced included clauses and sections that prevented disclosure of information, some even making it a criminal offence. When such a restriction exists, The FOI Act's Section 44 comes into play, and is used as an absolute exemption which means that no information can be released, even when there may be an overriding public interest.

The new coalition government has continued with these restrictions, despite their support for increased transparency and reform of the Freedom of Information Act. The Secretary of State for Transport Rail passed the Passengers’ Rights and Obligations Regulations 2010 (SI 2010/2970({{#formlink:form=Legislation|link text=add|query string=Legislation[Type]=uksi&Legislation[Year]=2010&Legislation[Number]=2970}})) on 26 May 2010.

List of laws

  • Energy Act 2010 Schedule 1, paragraph 16 amends the Utilities Act 2000 to restrict publication of information sent to government by energy suppliers relating to schemes helping disadvantaged groups of customers or Fuel Poverty schemes.
16. In section 105 (general restrictions on disclosure of information)—
(a) in subsection (1), after “2004” insert “or Part 2 or section 27 or 28 of the Energy Act 2010”;
(b) in subsection (3)(a), after “2008” insert “, Part 2 or section 28 of the Energy Act 2010”.
  • Communications Act 2003 (Disclosure of Information) Order 2010 SI 2010/282
  • Cross-Border Payments in Euro Regulations 2010 SI 2010/89
  • Human Fertilisation and Embryology Act 2008 (Commencement No.3) Order 2010 SI 2010/987
  • Passengers’ Council (Non-Railway Functions) Order 2010 SI 2010/439({{#formlink:form=Legislation|link text=add|query string=Legislation[Type]=uksi&Legislation[Year]=2010&Legislation[Number]=439}})
  • Rail Passengers’ Rights and Obligations Regulations 2010 SI 2010/1504({{#formlink:form=Legislation|link text=add|query string=Legislation[Type]=uksi&Legislation[Year]=2010&Legislation[Number]=1504}})
  • Rail Vehicle Accessibility (Non-Interoperable Rail System) Regulations 2010 SI 2010/432
  • Train Driving Licences and Certificates Regulations 2010 SI 2010/724
  • Train Driving Licences and Certificates Regulations (Northern Ireland) 2010 - No.132 S.R. (N.I.)
  • Transfer of Tribunal Functions Order 2010 SI 2010/22

List of laws that have had restrictions removed or relaxed

  • The FOI Act Section 75 allows the Secretary of State to relax or remove these laws that have a s44 prohibition via a Statutory Instrument. There has been one such SI to-date (SI 2004/3363).
  • The wording used in most cases was as follows:
"(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."
  • Access to Justice Act 1999, section 20 (but only after 100 years!)
  • Audit Commission Act 1998, section 49 (in part)
  • Biological Standards Act 1975, section 5 (fully repealed)
  • Factories Act 1961, section 154
  • Health and Safety At Work Act 1974, section 28 (in part)
  • Medicines Act 1968, section 118
  • National Health Service Act 1977, schedule 11, paragraph 5
  • Offices, Shops and Railway Premises Act 1963, section 59
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