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Statutory Instruments

2023 No. 392

Freedom Of Information

The Freedom of Information (Removal of References to Public Authorities) Order 2023

Made

29th March 2023

Laid before Parliament

30th March 2023

Coming into force

1st June 2023

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).

Citation and commencement

1.—(1) This Order may be cited as the Freedom of Information (Removal of References to Public Authorities) Order 2023.

(2) This Order comes into force on 1st June 2023.

Removal of references to public authorities

2.  In Part 6 of Schedule 1 to the Freedom of Information Act 2000 (other public bodies and offices: general)(2) omit the entries listed in the Schedule to this Order.

Neville-Rolfe

Minister of State

Cabinet Office

29th March 2023

Article 2

SCHEDULEEntries omitted from Part 6 of Schedule 1

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 holder of any office which is listed in Schedule 1 to the Act. 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 of this Order removes references to the bodies listed in the Schedule to this Order from 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(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 is another amendment to section 4(5) but it is not relevant.

(2)

Part 6 of Schedule 1 was amended by S.I. 2003/1882, 2004/938, 2005/3593, 2008/1271, 2010/937 and 2011/1041. There are other amendments, but none that are relevant.