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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 1COMMENCEMENT ON 29th FEBRUARY 2004

PART 1Other Public Bodies and Offices: General

PART 2Other Public Bodies and Offices: Northern Ireland

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)

ProvisionDate of CommencementS.I. No.
s 18 (in part)14.05.20012001/1637
s 61 (in part)14.05.20012001/1637
s 73 (in part)14.05.20012001/1637
Schedule 2 (in part)14.05.20012001/1637
Schedule 4 (in part)14.05.20012001/1637
Schedule 6 (in part)14.05.20012001/1637
s 18 (in part)12.11.20022002/2812
s 19 (in part)12.11.20022002/2812
s 20 (in part)12.11.20022002/2812
s 4512.11.20022002/2812
s 4612.11.20022002/2812
s 48 (in part)12.11.20022002/2812
s 51 (in part)12.11.20022002/2812
s 52 (in part)12.11.20022002/2812
s 54 (in part)12.11.20022002/2812
s 55 (in part)12.11.20022002/2812
s 5612.11.20022002/2812
s 57 (in part)12.11.20022002/2812
s 5812.11.20022002/2812
s 5912.11.20022002/2812
s 61 (in part)12.11.20022002/2812
s 67 (in part)12.11.20022002/2812
s 7212.11.20022002/2812
s 8812.11.20022002/2812
Schedule 2 (in part)12.11.20022002/2812
Schedule 3 (in part)12.11.20022002/2812
Schedule 4 (in part)12.11.20022002/2812
Schedule 5 (in part)12.11.20022002/2812
(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).

(10)

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

(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.

(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).

(22)

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