The Freedom of Information (Removal of References to Public Authorities) Order 2018

Statutory Instruments

2018 No. 185

Freedom Of Information

The Freedom of Information (Removal of References to 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(5) of the Freedom of Information Act 2000(1) and now concurrently vested in the Minister for the Cabinet Office.

Citation, commencement and interpretation

1.—(1) This Order may be cited as the Freedom of Information (Removal of References to 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.

Removal of references to public authorities

2.—(1) In Part 6 of Schedule 1 to the Act (other public bodies and offices: general) omit the entries listed in Part 1 of the Schedule to this Order.

(2) In Part 7 of Schedule 1 to the Act (other public bodies and offices: Northern Ireland) omit the entries listed in Part 2 of the Schedule to this Order.

Chloe Smith

Parliamentary Secretary

Cabinet Office

8th February 2018

Article 2

SCHEDULE

PART 1 Entries omitted from Part 6 of Schedule 1 to the Act

• The Advisory Panel on Beacon Councils.

• The Advisory Panel on Standards for the Planning Inspectorate.

• The Animal Procedures Committee.

• The British Educational Communications and Technology Agency.

• The Chief Inspector of the UK Border Agency.

• The Commission for Architecture and the Built Environment.

• The Commission for Integrated Transport.

• The Community Development Foundation.

• The Design Council.

• The Disability Employment Advisory Committee.

• Equality 2025.

• The Farm Animal Welfare Council.

• The Fuel Poverty Advisory Group.

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

• The Local Government Boundary Commission for Wales.

• The Office of the Renewable Fuels Agency.

• Remploy Ltd.

PART 2 Entries omitted from Part 7 of Schedule 1 to the Act

• The Northern Ireland Higher Education Council.

• The Staff Commission for Education and Library Boards.

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 the holder of any office which is listed in Schedule 1. Where such a body or office either ceases to exist or ceases to satisfy either of the conditions in section 4(2) and (3), an order may be made under section 4(5) omitting an entry relating to it from Schedule 1.

Article 2(1) of this Order removes references to the bodies listed in Part 1 of the Schedule to this Order from Part 6 of Schedule 1 to the Act. Article 2(2) of this Order removes references to the bodies in Part 2 of the Schedule to this Order from Part 7 of Schedule 1 to the Act.

An Impact Assessment has not been prepared for this instrument because 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(5) 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.