Page:Ukpga 20000036 en.pdf/44

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40c. 36
Freedom of Information Act 2000

Part VIII

(d) provide for sections 47 and 48 to apply in relation to such a code with such modifications as may be specified,
(e) provide for any of the provisions of Parts IV and V to apply, with such modifications as may be specified in the regulations, in relation to compliance with any requirement of the regulations, and
(f) contain such transitional or consequential provision (including provision modifying any enactment) as the Secretary of State considers appropriate.

(5) This section has effect subject to section 80.

Power to amend or repeal enactments prohibiting disclosure of information. 75.—(1) If, with respect to any enactment which prohibits the disclosure of information held by a public authority, it appears to the Secretary of State that by virtue of section 44(1)(a) the enactment is capable of preventing the disclosure of information under section 1, he may by order repeal or amend the enactment for the purpose of removing or relaxing the prohibition.

(2) In subsection (1)—

“enactment” means—
(a) any enactment contained in an Act passed before or in the same Session as this Act, or
(b) any enactment contained in Northern Ireland legislation or subordinate legislation passed or made before the passing of this Act;
“information” includes unrecorded information.

(3) An order under this section may do all or any of the following—

(a) make such modifications of enactments as, in the opinion of the Secretary of State, are consequential upon, or incidental to, the amendment or repeal of the enactment containing the prohibition;
(b) contain such transitional provisions and savings as appear to the Secretary of State to be appropriate;
(c) make different provision for different cases.

Disclosure of information between Commissioner and ombudsmen.
1998 c. 29.
76.—(1) The Commissioner may disclose to a person specified in the first column of the Table below any information obtained by, or furnished to, the Commissioner under or for the purposes of this Act or the Data Protection Act 1998 if it appears to the Commissioner that the information relates to a matter which could be the subject of an investigation by that person under the enactment specified in relation to that person in the second column of that Table.