Moved by
Lord Callanan
40: Schedule 3, page 13, leave out lines 15 to 30
Member’s explanatory statement
This amendment removes the amendments that would have treated the Advanced Research and Invention Agency as a reserved matter in relation to Wales and funding provided to it through the Science and Technology Act 1965 as outside the functions of the Welsh Ministers.
41: Schedule 3, page 13, line 35, at end insert—
“Small Business, Enterprise and Employment Act 2015
10A_ The Small Business, Enterprise and Employment Act 2015 is amended as follows.
10B_ In section 7 (sections 4 to 6: interpretation), in subsection (2), for the definition of “public authority” substitute—
““public authority” means—
(a) a public authority within the meaning of the Freedom of Information Act 2000 (see section 3 of that Act), or
(b) the Advanced Research and Invention Agency;”.
10C_ In section 22 (sections 21 and 23 to 25: “qualifying regulatory provisions” etc), in subsection (8), for the definition of “public authority” (but not the “and” immediately after it) substitute—
““public authority” means—
(a) a public authority within the meaning of the Freedom of Information Act 2000 (see section 3 of that Act), or
(b) the Advanced Research and Invention Agency;”.
10D_ In section 27 (sections 21 to 25 etc: interpretation), in subsection (6), for the definition of “public authority” (but not the “and” immediately after it) substitute—
““public authority” means—
(a) a public authority within the meaning of the Freedom of Information Act 2000 (see section 3 of that Act), or
(b) the Advanced Research and Invention Agency;”.
10E_ In section 28 (duty to review regulatory provisions in secondary legislation), in subsection (4), for the words following ““public authority”” substitute “means—
(a) a public authority within the meaning of the Freedom of Information Act 2000 (see section 3 of that Act), or
(b) the Advanced Research and Invention Agency.”
Enterprise Act 2016
10F_ In section 13 of the Enterprise Act 2016 (definitions used in Part 1), in the definition of “public authority”—
(a) omit “or” at the end of paragraph (a);
(b) after paragraph (b) insert “, or
(c) the Advanced Research and Invention Agency.”
Data Protection Act 2018
10G_ The Data Protection Act 2018 is amended as follows.
10H_ In section 7 (meaning of “public authority” and “public body”)—
(a) in subsection (1), after paragraph (b) (but before the “and” at the end of that paragraph) insert—
“(ba) the Advanced Research and Invention Agency,”;
(b) in subsection (4), for “described in subsection (1)(a) or (b)” substitute “described or mentioned in subsection (1)(a), (b) or (ba)”.
10I_(1) Section 21 (definitions for purposes of Chapter 3 of Part 2) is amended as follows.
(2) In subsection (5), in the definition of “FOI public authority”—
(a) omit “or” at the end of paragraph (a);
(b) after paragraph (b) insert “, or
(c) the Advanced Research and Invention Agency.”
(3) At the end insert—
“(8) In relation to the Advanced Research and Invention Agency—
(a) for the purposes of subsection (6)(a)—
(i) section 3(2) of the Freedom of Information Act 2000 is to be read as if “public authority” included that Agency, and
(ii) section 3(2) of the Freedom of Information (Scotland) Act 2002 (asp 13) is to be read as if “authority” included that Agency, and
(b) subsection (7) does not apply.”
Social Security Contributions (Intermediaries) Regulations
10J_(1) In regulation 3A of the Social Security Contributions (Intermediaries) Regulations 2000 (S.I. 2000/727) (meaning of “public authority”), after paragraph (b) insert—
“(ba) the Advanced Research and Invention Agency,”.
(2) In regulation 3A of the Social Security Contributions (Intermediaries) (Northern Ireland) Regulations 2000 (S.I. 2000/728) (meaning of “public authority”), after paragraph (b) insert—
“(ba) the Advanced Research and Invention Agency,”.”
Member’s explanatory statement
This amendment inserts amendments of the Small Business, Enterprise and Employment Act 2015, the Enterprise Act 2016, the Data Protection Act 2018 and certain regulations to treat the Advanced Research and Invention Agency in the same way as a body that is a public authority for the purposes of the Freedom of Information Act 2000.