Freedom of Information Act 2000 (c. 36) – Section 75 – Power to amend or repeal enactments prohibiting disclosure of information.

Sections

Section 75Power to amend or repeal enactments prohibiting disclosure of information.

(1) If, with respect to any enactment which prohibits the disclosure of information held by a public authority, it appears to the [^F1Secretary of State] [^F2or the [^F3Minister for the Cabinet Office]] 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 [^F1Secretary of State] [^F4or the [^F5Minister for the Cabinet Office]], 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 [^F1Secretary of State] [^F4or the [^F5Minister for the Cabinet Office]] to be appropriate;
(c)
make different provision for different cases.

Amended text

This Section is shown as amended by S.I. 2003/1887; S.I. 2015/1897; S.I. 2016/997 (see the annotations below), as incorporated in the text in force on 7 October 2026 as published on legislation.gov.uk.

Annotations

Textual Amendments

F1 Words in s. 75 substituted (19.8.2003) by The Secretary of State for Constitutional Affairs Order 2003 (S.I. 2003/1887), art. 9, Sch. 2 para. 12(1)(c)
F2 Words in s. 75(1) inserted (9.12.2015) by The Transfer of Functions (Information and Public Records) Order 2015 (S.I. 2015/1897), art. 1(2), Sch. para. 2(2)(d)
F3 Words in s. 75(1) substituted (9.11.2016) by The Transfer of Functions (Elections, Referendums, Third Sector and Information) Order 2016 (S.I. 2016/997), art. 1(2), Sch. 2 para. 14(2)(o) (with art. 12)
F4 Words in s. 75(3) inserted (9.12.2015) by The Transfer of Functions (Information and Public Records) Order 2015 (S.I. 2015/1897), art. 1(2), Sch. para. 2(2)(d)
F5 Words in s. 75(3) substituted (9.11.2016) by The Transfer of Functions (Elections, Referendums, Third Sector and Information) Order 2016 (S.I. 2016/997), art. 1(2), Sch. 2 para. 14(2)(o) (with art. 12)

Modifications etc. (not altering text)

C1 S. 75(1) functions made exercisable concurrently (9.12.2015) by The Transfer of Functions (Information and Public Records) Order 2015 (S.I. 2015/1897), arts. 1(2), 3(1), (2)(d) (with art. 5)

https://foia.digiphile.law/article/article-75.html

Text as at 7 October 2026.

This is an unofficial convenience version of the Freedom of Information Act 2000. It is presented “as is” without guarantee of accuracy, completeness or reliability. See the source text for the official version. This site was last updated in October 2026.