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Freedom of Information

Volume 701: debated on Thursday 1 May 2008

asked Her Majesty's Government:

Which public bodies have exemption provisions in the Freedom of Information Act. [HL3172]

The Freedom of Information Act 2000 contains 23 exemptions under which requested information may be withheld in specific circumstances. All exemptions apply to all public authorities that are subject to the Act, with the exception of the exemption for information relating to the “Formulation of government policy, etc”, which applies only to information held by a government department (including a Northern Ireland department) or the Welsh Assembly Government.

Schedule 1 of the Act lists bodies covered by the Act, some of which are covered in respect of certain of their functions only. A total of 16 individual bodies and eight categories of bodies are listed subject to exclusions of some of their functions. Full details are in the table below.

Freedom of Information Act 2000: List of public authorities* in respect of which exclusions apply

Part under Schedule 1 of the Act

Public body/category of bodies

Function excluded or specific functions covered (highlighted in bold)

Part I - General

The Office for Standards in Education, Children's Services and Skills

In respect of information held for purposes other than those of the functions exercisable by Her Majesty's Chief Inspector of Education, Children's Services and Skills by virtue of Section 5 (1)(a)(iii) of the Care Standards Act 2000

Part I - General

The Armed Forces of the Crown

Except (a) the special forces, and (b) any unit or part of a unit which is for the time being required by the Secretary of State to assist the Government Communications Headquarters in the exercise of its functions

Part II - Local Government in England and Wales

The Common Council of the City of London

In respect of information held in its capacity as a local authority, police authority or port health authority

Part II - Local Government in England and Wales

The sub-treasurer of the Inner Temple or the under- treasurer of the Middle Temple

In respect of information held in his capacity as a local authority

Part III -The National Health Service England and Wales

Any person providing primary medical services or primary dental services or primary ophthalmic services (a) in accordance with arrangements made under Section 92 or 107 of the National Health Service Act 2006, or Section 50 or 64 of the National Health Service (Wales) Act 2006 or (b) under a contract under Section 84 or 100 or 117 of the National Health Service Act 2006, or Section 42 or 57 of the National Health Service (Wales) Act 2006

In respect of information relating to the provision of those services

Part III - The National Health Service England and Wales

Any person providing general medical services, general dental services, general ophthalmic services or pharmaceutical services under the National Health Service Act 2006 or the National Health Service (Wales) Act 2006

In respect of information relating to the provision of those services

Part III - The National Health Service England and Wales

Any person providing personal medical services or personal dental services under arrangements made under Section 28C of the National Health Service Act 1977

In respect of information relating to the provision of those services

Part III -The National Health Service England and Wales

Any person providing local pharmaceutical services under (a) a pilot scheme established under Section 143 of the National Health Service Act 2006 or Section 92 of the National Health Service (Wales) Act 2006 or (b) an LIDS scheme established under Schedule 12 to the National Health Service Act 2006 or Schedule 7 to the National Health Services (Wales) Act 2006

In respect of information relating to the provision of those services

Part I II - The National Health Service Northern Ireland

Any person providing primary medical services, general dental services, general ophthalmic or pharmaceutical services under Part VI of the Health and Personal Social Services (Northern Ireland) Order 1972

In respect of information relating to the provision of those services

Part V – Police Miscellaneous

Any person who (a) by virtue of any enactment has the function of nominating individuals who may be appointed as special constables by justices of the peace, and (b) is not a public authority by virtue of any other provision of this Act

In respect of information relating to the exercise by any person appointed on his nomination of the functions of a special constable

Part VI - Other Public Bodies and Offices General

The Bank of England

In respect of information held for purposes other than those of its functions with respect to (a) monetary policy, (b) financial operations intended to support financial institutions for the purposes of maintaining stability, and (c) the provision of private banking services and related services

Part VI - Other Public Bodies and Offices General

The British Broadcasting Corporation

In respect of information held for purposes other than those of journalism, art or literature

Part VI - Other Public Bodies and Offices General

The Channel Four Television Corporation

In respect of information held for purposes other than those of journalism, art or literature

Part VI - Other Public Bodies and Offices General

The Commission for Healthcare Audit and Inspection

In respect of information held for purposes other than those of its functions exercisable by virtue of paragraph 5(a)(i) of the Care Standards Act 2000

Part VI - Other Public Bodies and Offices General

The Commission for Social Care Inspection

In respect of information held for purposes other than those of its functions exercisable by virtue of paragraph 5(a)(ii) of the Care Standards Act 2000

Part VI - Other Public Bodies and Offices General

The Competition Commission

In relation to information held by it otherwise than as a tribunal

Part VI - Other Public Bodies and Offices General

The Criminal Injuries Compensation Appeals Panel

In relation to information held by it otherwise than as a tribunal

Part VI - Other Public Bodies and Offices General

The Gaelic Media Service

In respect of information held for purposes other than those of journalism, art or literature

Part VI - Other Public Bodies and Offices General

Any regional development agency established under the Regional Development Agencies Act 1998

Other than the London Development Agency

Part VI - Other Public Bodies and Offices General

The Royal College of Veterinary Surgeons

In respect of information held by it otherwise than as a tribunal

Part VI - Other Public Bodies and Offices General

The Royal Pharmaceutical Society of Great Britain

In respect of information held by it otherwise than as a tribunal

Part VI - Other Public Bodies and Offices General

Sianel Pedwar Cymru

In respect of information held for purposes other than those of journalism, art or literature

Part VI - Other Public Bodies and Offices General

The Traffic Commissioners

In respect of information held by them otherwise than as a tribunal

Part VI - Other Public Bodies and Offices General

The Verderers of the New Forest

In respect of information held by them otherwise than as a tribunal

* ie bodies/offices and categories of bodies/offices listed in Schedule 1 FOIA but subject to FOIA in respect of some, but not all, of their functions