The Freedom of Information (Additional Public Authorities) Order 2018

Statutory Instruments

2018 No. 173

Freedom Of Information

The Freedom of Information (Additional Public Authorities) Order 2018

Made

8th February 2018

Laid before Parliament

14th February 2018

Coming into force

1st May 2018

The Minister for the Cabinet Office makes the following Order in exercise of the powers conferred by section 4(1) and (6) of the Freedom of Information Act 2000(1) and now concurrently vested in the Minster for the Cabinet Office.

The Minister for the Cabinet Office has consulted the Welsh Ministers in accordance with section 4(7) of that Act(2).

Citation, commencement and interpretation

1.—(1) This Order may be cited as the Freedom of Information (Additional Public Authorities) Order 2018.

(2) This Order comes into force on 1st May 2018

(3) In this Order, “the Act” means the Freedom of Information Act 2000.

Additional public authorities

2.  In Part 6 of Schedule 1 to the Act (other public bodies and offices: general) insert, at the appropriate place in each case, the entries listed in the Schedule to this Order.

Chloe Smith

Parliamentary Secretary

Cabinet Office

8th February 2018

Article 2

SCHEDULE Entries inserted in Part 6 of Schedule 1 to the Act

• The Advisory Panel on Substance Misuse.

• The British Film Institute.

• The Committee for the Protection of Animals Used for Scientific Purposes.

• The Committee on Fuel Poverty.

• The Ebbsfleet Development Corporation.

• The Future Generations Commissioner for Wales.

• The Housing Ombudsman.

• The Independent Chief Inspector of Borders and Immigration.

• The Independent Commission for Aid Impact.

• The Independent Monitoring Board for the Military Corrective Training Centre.

• The Local Democracy and Boundary Commission for Wales.

• The National Independent Safeguarding Board.

• The Regulatory Policy Committee.

• The Service Complaints Ombudsman.

• The Surveillance Camera Commissioner.

EXPLANATORY NOTE

(This note is not part of the Order)

The obligations under the Freedom of Information Act 2000 (c. 36) (“the Act”) apply to public authorities. Section 3(1) provides that a “public authority” includes a body or office which is listed in Schedule 1 to the Act. The Minister for the Cabinet Office may add bodies and office holders to Schedule 1 by an order under section 4(1), provided that the conditions in section 4(2) and (3) are satisfied. By section 4(6), an order under section 4(1) may relate to a specified person or office or to persons or offices falling within a specified description.

Article 2(1) of this Order adds the bodies and office holders listed in the Schedule to this Order to Part 6 of Schedule 1 to the Act.

An Impact Assessment has not been prepared for this instrument as no impact on the private or voluntary sectors is foreseen.

(1)

2000 c. 36. The function conferred on the Secretary of State by section 4(1) became concurrently exercisable by the Secretary of State and the Chancellor of the Duchy of Lancaster by virtue of the Transfer of Functions (Information and Public Records) Order 2015 (S.I. 2015/1897). That concurrent function of the Chancellor of the Duchy of Lancaster was transferred to the Minister for the Cabinet Office by the Transfer of Functions (Elections, Referendums, Third Sector and Information) Order 2016 (S.I. 2016/997). There are other amendments to this function but none is relevant.

(2)

The consultation requirement in section 4(7) was imposed concurrently on the Minister for the Cabinet Office in the same way as set out in the footnote above. Section 4(7) was additionally amended by the Government of Wales Act 2006 (Consequential Modifications and Transitional Provisions) Order 2007 (S.I. 2007/1388).