The Freedom of Information Act 2000 (Commencement No. 3) Order 2003

Statutory Instruments

2003 No. 2603 (C.97)

FREEDOM OF INFORMATION

The Freedom of Information Act 2000 (Commencement No. 3) Order 2003

Made

8th October 2003

The Secretary of State for Constitutional Affairs, in exercise of the powers conferred upon him by section 87(3) of the Freedom of Information Act 2000(1) hereby makes the following Order:

1.—(1) This Order may be cited as the Freedom of Information Act 2000 (Commencement No. 3) Order 2003(2).

(2) In this Order—

“the Act” means the Freedom of Information Act 2000; and

“the publication scheme provisions” mean section 19(1) to 19(4) of the Act, insofar as it is not already in force(3).

Commencement on 31st October 2003

2.  The publication scheme provisions shall come into force on 31st October 2003 for the following public authorities—

(a) the public authorities listed in Part III of Schedule 1 to the Act;

(b) the Distinction and Meritorious Service Awards Committee(4);

(c) Invest Northern Ireland(5); and

(d) The Northern Ireland Council for Postgraduate Medical and Dental Education(6).

Commencement on 29th February 2004

3.  The publication scheme provisions shall come into force on 29th February 2004 for the following public authorities—

(a) the public authorities listed in Part IV of Schedule 1 to the Act, except for those specified in paragraph 52(b)(7);

(b) the public authorities listed in Schedule 1 to this Order; and

(c) any publicly-owned company as defined in section 6 of the Act.

Commencement on 30th June 2004

4.—(1) The publication scheme provisions shall come into force on 30th June 2004 for all public authorities in respect of which those provisions have not been commenced elsewhere, with the exception of—

(a) that public authority listed in paragraph 17 of Schedule 1 to the Act(8); and

(b) the consultative Civic Forum referred to in section 56(4) of the Northern Ireland Act 1998(9).

Lord Filkin

Parliamentary Under-Secretary of State

Department for Constitutional Affairs

8th October 2003

Article 3

SCHEDULE 1 COMMENCEMENT ON 29th FEBRUARY 2004

PART 1 Other Public Bodies and Offices: General

• The Adjudicator for the Inland Revenue and Customs and Excise.

• The Administration of Radioactive Substances Advisory Committee.

• The Adult Learning Inspectorate(10).

• The Advisory Board on Restricted Patients.

• The Advisory Board on the Registration of Homeopathic Products.

• The Advisory Committee for Disabled People in Employment and Training.

• The Advisory Committee for the Public Lending Right.

• The Advisory Committee on Advertising.

• The Advisory Committee on Animal Feedingstuffs.

• The Advisory Committee on Borderline Substances.

• The Advisory Committee on Business and the Environment.

• The Advisory Committee on Business Appointments.

• The Advisory Committee on Conscientious Objectors.

• The Advisory Committee on Consumer Products and the Environment.

• The Advisory Committee on Dangerous Pathogens.

• The Advisory Committee on Distinction Awards.

• An Advisory Committee on General Commissioners of Income Tax.

• The Advisory Committee on the Government Art Collection.

• The Advisory Committee on Hazardous Substances.

• The Advisory Committee on Historic Wreck Sites.

• An Advisory Committee on Justices of the Peace in England and Wales.

• The Advisory Committee on the Microbiological Safety of Food.

• The Advisory Committee on Overseas Economic and Social Research.

• The Advisory Committee on Packaging.

• The Advisory Committee on Pesticides.

• The Advisory Committee on Releases into the Environment.

• The Advisory Committee on Telecommunications for the Disabled and Elderly(10).

• The Advisory Council on Historical Manuscripts(10).

• The Advisory Council on Libraries.

• The Advisory Council on the Misuse of Drugs.

• The Advisory Council on National Records and Archives(10).

• The Advisory Group on Hepatitis.

• The Advisory Group on Medical Countermeasures(10).

• The Advisory Panel on Beacon Councils(10).

• The Advisory Panel on Standards for the Planning Inspectorate.

• The Aerospace Committee.

• The Agriculture and Environment Biotechnology Commission.

• The Air Quality Expert Group(10).

• The Airborne Particles Expert Group.

• The Animal Procedures Committee.

• The Animal Welfare Advisory Committee.

• The Armed Forces Pay Review Body.

• The Audit Commission for Local Authorities and the National Health Service in England and Wales.

• The Auditor General for Wales.

• The Bank of England, in respect of information held for purposes other than those of its functions with respect to—

  (a)

  monetary policy;

  (b)

  financial operations intended to support financial institutions for the purposes of maintaining stability; and

  (c)

  the provision of private banking services and related services.

• The Better Regulation Taskforce.

• Any Board of Visitors established under section 6(2) of the Prison Act 1952.

• The British Broadcasting Corporation, in respect of information held for purposes other than those of journalism, art or literature.

• The British Coal Corporation.

• The British Pharmacopoeia Commission.

• British Shipbuilders.

• The British Waterways Board.

• The British Wool Marketing Board.

• The Building Regulations Advisory Committee.

• The Business Incubation Fund Investment Panel(10).

• The Central Advisory Committee on War Pensions.

• The Channel 4 Television Corporation, in respect of information held for purposes other than those of journalism, art or literature.

• The Civil Aviation Authority.

• The Civil Procedure Rule Committee.

• The Civil Service Appeal Board.

• The Civil Service Commissioners.

• The Commission for Architecture and the Built Environment.

• The Commission for Local Administration in England.

• The Commission for Local Administration in Wales.

• The Commissioner for Integrated Transport.

• The Commissioner for Public Appointments.

• The Committee on Agricultural Valuation.

• The Committee on Carcinogenicity of Chemicals in Food, Consumer Products and the Environment.

• The Committee on Chemicals and Materials of Construction for Use in Public Water Supply and Swimming Pools.

• The Committee on Medical Aspects of Food and Nutrition Policy.

• The Committee on Medical Aspects of Radiation in the Environment.

• The Committee on Mutagenicity of Chemicals in Food, Consumer Products and the Environment.

• The Committee on Safety of Devices(10).

• The Committee on Toxicity of Chemicals in Food, Consumer Products and the Environment.

• The Committee on the Medical Effects of Air Pollutants.

• The Committee on the Safety of Medicines.

• Communications for Business(10).

• The Competition Service(10).

• Consumer Communications for England.

• The Council for the Regulation of Health Care Professionals.

• The Council for Science and Technology.

• The Council on Tribunals.

• The Covent Garden Market Authority.

• The Criminal Cases Review Commission.

• The Criminal Justice Consultative Council.

• The Crown Court Rule Committee.

• The Dartmoor Steering Group and Working Party.

• The Darwin Advisory Committee.

• The Defence Nuclear Safety Committee.

• The Defence Scientific Advisory Council.

• The Diplomatic Service Appeal Board.

• The Disability Employment Advisory Committee(10).

• The Disability Living Allowance Advisory Board.

• The Disabled Persons Transport Advisory Committee.

• The Ethnic Minority Business Forum(10).

• The Expert Advisory Group on AIDS.

• The Expert Group on Cryptosporidium in Water Supplies.

• An Expert Panel on Air Quality Standards.

• The Export Guarantees Advisory Council.

• The Family Proceedings Rules Committee.

• The Farm Animal Welfare Council.

• The Financial Reporting Advisory Board(10).

• The Financial Services Authority(10).

• The Fire Services Examination Board.

• The Firearms Consultative Committee.

• The General Chiropractic Council.

• The General Dental Council.

• The General Medical Council.

• The General Osteopathic Council.

• The General Teaching Council for England(10).

• The Genetic Testing and Insurance Committee.

• The Government Hospitality Advisory Committee for the Purchase of Wine.

• The Government Industry Forum on Non-Food Use of Crops(10).

• The Government Chemist.

• The Health Professions Council.

• The Hearing Aid Council(10).

• The Hill Farming Advisory Committee.

• The Hill Farming Advisory Sub-committee for Wales.

• The Horserace Totalisator Board.

• Horticulture Research International.

• The House of Lords Appointments Commission.

• Any housing action trust established under Part III of the Housing Act 1988.

• The Human Genetics Commission.

• The Independent Advisory Group on Teenage Pregnancy(10).

• The Independent Board of Visitors for Military Corrective Training Centres.

• The Independent Case Examiner for the Child Support Agency.

• The Independent Living Funds.

• The Independent Scientific Group on Cattle Tuberculosis(10).

• The Independent Television Commission.

• The Industrial Development Advisory Board.

• The Industrial Injuries Advisory Council.

• The Inland Waterways Amenity Advisory Council.

• The Insolvency Rules Committee.

• The Integrated Administration and Controls System Appeals Panel(10).

• The Intellectual Property Advisory Committee(10).

• The Joint Committee on Vaccination and Immunisation.

• The Joint Prison/Probation Accreditation Panel.

• The Judicial Studies Board.

• The Know-How Fund Advisory Board.

• The Land Registration Rule Committee.

• The Law Commission.

• The Learning and Skills Council for England(10).

• The Legal Services Consultative Panel.

• The Legal Services Ombudsman.

• The Local Government Commission for England.

• A local probation board established under section 4 of the Criminal Justice and Court Services Act 2000(11).

• The London Pensions Fund Authority.

• The Low Pay Commission.

• The Magistrates' Courts Rules Committee.

• The Measurement Advisory Committee.

• The Medicines Commission.

• The National Audit Office.

• The National Employment Panel(10).

• The National Expert Group on Transboundary Air Pollution.

• The National Forest Company(10).

• The New Deal Task Force.

• The Nuclear Research Advisory Council(10).

• The Nursing and Midwifery Council.

• The Office of Communications.

• The Office of Government Commerce(10).

• The Office of Manpower Economics(10).

• The OSO Board(12).

• The Overseas Service Pensions Scheme Advisory Board.

• The Panel on Standards for the Planning Inspectorate.

• The Patient Information Advisory Group(13).

• The Pensions Ombudsman.

• The Pesticide Residues Committee(10).

• The Pharmacists' Review Panel.

• The Poisons Board.

• The Police Negotiating Board.

• The Political Honours Scrutiny Committee.

• The Post Office.

• The Property Advisory Group.

• The Race Education and Employment Forum.

• The Race Relations Forum.

• The Radio Authority.

• The Radioactive Waste Management Advisory Committee.

• A Regional Cultural Consortium.

• Any regional flood defence committee.

• The Registrar of Occupational and Personal Pension Schemes.

• The Review Board for Government Contracts.

• The Review Body for Nursing Staff, Midwives, Health Visitors and Professions Allied to Medicine.

• The Review Body on Doctors and Dentists Remuneration.

• The Royal Commission on Environmental Pollution.

• The Royal Mint Advisory Committee on the Design of Coins, Medals, Seals and Decorations.

• The School Teachers' Review Body.

• The Scientific Advisory Committee on Nutrition(10).

• The Scottish Advisory Committee on Telecommunications.

• The Scottish Committee of the Council on Tribunals.

• The Security Industry Authority(14).

• The Senior Salaries Review Body.

• The Sentencing Advisory Panel.

• Sianel Pedwar Cymru, in respect of information held for purposes other than those of journalism, art or literature.

• The Small Business Council(10).

• The Small Business Investment Task Force(10).

• The Social Care Institute for Excellence(10).

• The social fund Commissioner appointed under section 65 of the Social Security Administration Act 1992(15).

• The Social Security Advisory Committee.

• The Social Services Inspectorate for Wales Advisory Group.

• The Specialist Advisory Committee on Antimicrobial Research(10).

• The Spongiform Encephalopathy Advisory Committee.

• The Standing Advisory Committee on Industrial Property.

• The Standing Advisory Committee on Trunk Road Assessment.

• The Statistics Commission(10).

• The Steering Committee on Pharmacy Postgraduate Education.

• The Strategic Investment Board(10).

• The subsidence adviser appointed under section 46 of the Coal Industry Act 1994(16).

• The Substance Misuse Advisory Panel.

• The Sustainable Development Commission.

• The Technical Advisory Board(10).

• The Theatres Trust.

• The Traffic Commissioners, in respect of information held by them otherwise than as a tribunal.

• The UK Advisory Panel for Health Care Workers Infected with Bloodborne Viruses.

• The UK Chemicals Stakeholder Forum(10).

• The Unlinked Anonymous Serosurveys Steering Group.

• The Veterinary Products Committee.

• The Veterinary Residues Committee(10).

• The Water Regulations Advisory Committee.

• The Welsh Advisory Committee on Telecommunications.

• The Wilton Park Academic Council.

• The Zoos Forum.

PART 2 Other Public Bodies and Offices: Northern Ireland

• An Advisory Committee on General Commissioners of Income Tax (Northern Ireland).

• The Advisory Committee on Justices of the Peace in Northern Ireland.

• The Advisory Committee on Pesticides for Northern Ireland.

• The Agricultural Wages Board for Northern Ireland.

• Boards of Visitors and Visiting Committees.

• The Charities Advisory Committee.

• The Chief Electoral Officer for Northern Ireland.

• The Civil Service Commissioners for Northern Ireland.

• Comhairle na Gaelscola—ochta(22).

• Commissioner for Children and Young People for Northern Ireland(17).

• The Commissioner for Public Appointments for Northern Ireland.

• The Council for Nature Conservation and the Countryside.

• The County Court Rules Committee (Northern Ireland).

• The Criminal Injuries Compensation Appeals Panel for Northern Ireland, in relation to information held by it otherwise than as a Tribunal(22).

• A development corporation established under Part III of the Strategic Investment and Regeneration of Sites Order (Northern Ireland) 2003(18).

• The Disability Living Allowance Advisory Board for Northern Ireland.

• A district policing partnership(19).

• The Drainage Council for Northern Ireland.

• The Equality Commission for Northern Ireland.

• The Family Proceedings Rules Committee (Northern Ireland).

• The General Teaching Council for Northern Ireland(22).

• The Governors of the Armargh Observatory and Planetarium(22).

• The Harbour of Donaghadee Commissioners(22).

• The Historic Buildings Council.

• The Historic Monuments Council.

• The Independent Assessor of Military Complaints Procedures in Northern Ireland.

• The Independent Reviewer of the Northern Ireland (Emergency Provisions) Act.

• The Independent Commissioner for Holding Centres.

• The Juvenile Justice Board.

• The Learning and Skills Advisory Board(22).

• The Legal Aid Advisory Committee (Northern Ireland).

• The Magistrates' Court Rules Committee (Northern Ireland).

• The Northern Ireland Advisory Committee on Telecommunications.

• The Northern Ireland Audit Office.

• The Northern Ireland Building Regulations Advisory Committee.

• The Northern Ireland Crown Court Rules Committee.

• The Northern Ireland Economic Council.

• The Northern Ireland Higher Education Council.

• The Northern Ireland Insolvency Rules Committee.

• The Northern Ireland Pig Production Development Committee.

• The Northern Ireland Practice and Education Council for Nursing and Midwifery(22).

• The Northern Ireland Social Care Council(22).

• The Northern Ireland Supreme Court Rules Committee.

• The Northern Ireland Transport Holding Company.

• The Northern Ireland Water Council.

• The Parades Commission.

• The Police Ombudsman for Northern Ireland.

• The Sentence Review Commissioners appointed under section 1 of the Northern Ireland (Sentences) Act 1998(20).

• The social fund Commissioner appointed under Article 37 of the Social Security (Northern Ireland) Order 1998(21).

• The Statistics Advisory Committee.

• The Statute Law Committee for Northern Ireland.

• The Waste Management Advisory Board(22).

Explanatory Note

(This note is not part of the Order)

This Order brings into force certain provisions (“the publication scheme provisions”) in section 19 of the Freedom of Information Act 2000 (“the Act”) for certain public authorities. An earlier commencement order (S.I. 2002/2812 (c. 86)) commenced the publication scheme provisions for other public authorities.

Section 19(1) to (4) of the Act places obligations on public authorities in relation to publication schemes. Articles 2, 3 and 4 of this Order bring the publication scheme provisions into force on 30th October 2003, 29th February 2004 and 30th June 2004 respectively, for the public authorities specified in those Articles. All public authorities will be subject to the publication scheme provisions by 30th June 2004, with the exception of that listed in paragraph 17 of Schedule 1 to the Act and the consultative Civic Forum referred to in section 56(4) of the Northern Ireland Act 1998.

Note as to Earlier Commencement Orders

(This note is not part of the Order)

Provision	Date of Commencement	S.I. No.
s 18 (in part)	14.05.2001	2001/1637
s 61 (in part)	14.05.2001	2001/1637
s 73 (in part)	14.05.2001	2001/1637
Schedule 2 (in part)	14.05.2001	2001/1637
Schedule 4 (in part)	14.05.2001	2001/1637
Schedule 6 (in part)	14.05.2001	2001/1637
s 18 (in part)	12.11.2002	2002/2812
s 19 (in part)	12.11.2002	2002/2812
s 20 (in part)	12.11.2002	2002/2812
s 45	12.11.2002	2002/2812
s 46	12.11.2002	2002/2812
s 48 (in part)	12.11.2002	2002/2812
s 51 (in part)	12.11.2002	2002/2812
s 52 (in part)	12.11.2002	2002/2812
s 54 (in part)	12.11.2002	2002/2812
s 55 (in part)	12.11.2002	2002/2812
s 56	12.11.2002	2002/2812
s 57 (in part)	12.11.2002	2002/2812
s 58	12.11.2002	2002/2812
s 59	12.11.2002	2002/2812
s 61 (in part)	12.11.2002	2002/2812
s 67 (in part)	12.11.2002	2002/2812
s 72	12.11.2002	2002/2812
s 88	12.11.2002	2002/2812
Schedule 2 (in part)	12.11.2002	2002/2812
Schedule 3 (in part)	12.11.2002	2002/2812
Schedule 4 (in part)	12.11.2002	2002/2812
Schedule 5 (in part)	12.11.2002	2002/2812

(1)

2000 c. 36. The functions of the Lord Chancellor under section 87(3) (transferred to him by the Transfer of Functions (Miscellaneous) Order 2001 (S.I. 2001/3500)) were transferred to the Secretary of State for Constitutional Affairs by the Secretary of State for Constitutional Affairs Order 2003 (S.1. 2003/1887).

(2)

Certain provisions of the Act came into force on Royal Assent (30th November 2000) by section 87(1), on 30th January 2001 by section 87(2), on 14th May 2001 by S.I. 2001/1637 (c. 56), and on 12th November 2001 by S.I. 2002/2812 (c.86).

(3)

By section 87(1)(b) of the Act, section 19 so far as relating to the approval of publication schemes is already in force.

(4)

The Distinction and Meritorious Service Awards Committee is listed in Part VII of Schedule 1 to the Act.

(5)

Invest Northern Ireland was added to Part VII of Schedule 1 to the Act by paragraph 21 of Schedule 1 to the Industrial Development Act (Northern Ireland) 2002 (2002 c. 1).

(6)

The Northern Ireland Council for Postgraduate Medical and Dental Education is listed in Part VII of Schedule 1 to the Act.

(7)

The governing body of a maintained nursery school, as defined by section 22(9) of the School Standards and Framework Act 1998 (1998 c. 31). Section 215 and paragraph 127 of Schedule 21 to the Education Act 2002 (c. 32) amend Schedule 1 to the Act by inserting paragraph 52(b).

(8)

A licensed planning committee constituted under section 119 of the Licensing Act 1964 (c. 26) (paragraph 17 of Schedule 1).

(9)

1998 c. 47.

(10)

This body was added to Part VI of Schedule 1 to the Act by S.I. 2003/1882.

(11)

2000 c. 43.

(12)

This body, which is listed in Part VI of Schedule 1 to the Act, is now known as the International Oil and Gas Business Advisory Board.

(13)

This body was added to Part VI of Schedule 1 to the Act by paragraph 18 of Schedule 5 to the Health and Social Care Act 2001 (2001 c. 15).

(14)

This body was added to Part VI of Schedule 1 to the Act by paragraph 23 of Schedule 1 to the Private Security Industry Act 2001 (2001 c. 12).

(15)

1992 c. 5.

(16)

1994 c. 21.

(17)

This office was added to Part VII of Schedule 1 to the Act by paragraph 15 of Schedule 2 to S.I. 2003/439 (N.I.11).

(18)

S.I. 2003/410 (N.I.1). Paragraph 23 of Schedule 1 to this Order added this body to Part VII of Schedule 1 to the Act.

(19)

District policing partnerships were added to Part VII of Schedule 1 to the Act by paragraph 25 of Schedule 6 to the Police (Northern Ireland) Act 2000 (2000 c. 32).

(20)

1998 c. 35.

(21)

S.I. 1998/1506 (N.I.10).

(22)

This body was added to Part VII of Schedule 1 to the Act by S.I. 2003/1882.