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36c. 36

are specified in subsection (3) of section 2, any question as to the application of subsection (1)(b) of that section is to be determined by the responsible authority instead of the appropriate records authority.

(4) Where any information to which this section applies is exempt information only by virtue of any provision of Part II not specified in subsection (3) of section 2, any question as to the application of subsection (2)(b) of that section is to be determined by the responsible authority instead of the appropriate records authority.

(5) Before making by virtue of subsection (3) or (4) any determination that subsection (1)(b) or (2)(b) of section 2 applies, the responsible authority shall consult—
 * (a) where the transferred public record is a public record within the meaning of the Public Records Act 1958, the Lord Chancellor, and
 * (b) where the transferred public record is a public record to which the Public Records Act (Northern Ireland) 1923 applies, the appropriate Northern Ireland Minister.

(6) Where the responsible authority in relation to information to which this section applies is not (apart from this subsection) a public authority, it shall be treated as being a public authority for the purposes of Parts III, IV and V of this Act so far as relating to—
 * (a) the duty imposed by section 15(3), and
 * (b) the imposition of any requirement to furnish information relating to compliance with Part I in connection with the information to which this section applies.

67. Schedule 5 (which amends the Public Records Act 1958 and the Public Records Act (Northern Ireland) 1923) has effect.

Amendments relating to personal information held by public authorities

68.—(1) Section 1 of the Data Protection Act 1998 (basic interpretative provisions) is amended in accordance with subsections (2) and (3).

(2) In subsection (1)—
 * (a) in the definition of “data”, the word “or” at the end of paragraph (c) is omitted and after paragraph (d) there is inserted “or
 * (e) is recorded information held by a public authority and does not fall within any of paragraphs (a) to (d);”, and
 * (b) after the definition of “processing” there is inserted—
 * ““public authority” has the same meaning as in the Freedom of Information Act 2000;”.

(3) After subsection (4) there is inserted—
 * “(5) In paragraph (e) of the definition of “data” in subsection (1), the reference to information “held” by a public authority shall be construed in accordance with section 3(2) of the Freedom of Information Act 2000.