Freedom of Information Act 2000

74Power to make provision relating to environmental information

This sectionnoteType=Explanatory Notes has no associated

(1)In this section “the Aarhus Convention” means the Convention on Access to Information, Public Participation in Decision-making and Access to Justice in Environmental Matters signed at Aarhus on 25th June 1998.

(2)For the purposes of this section “the information provisions” of the Aarhus Convention are Article 4, together with Articles 3 and 9 so far as relating to that Article.

(3)The Secretary of State may by regulations make such provision as he considers appropriate—

(a)for the purpose of implementing the information provisions of the Aarhus Convention or any amendment of those provisions made in accordance with Article 14 of the Convention, and

(b)for the purpose of dealing with matters arising out of or related to the implementation of those provisions or of any such amendment.

(4)Regulations under subsection (3) may in particular—

(a)enable charges to be made for making information available in accordance with the regulations,

(b)provide that any obligation imposed by the regulations in relation to the disclosure of information is to have effect notwithstanding any enactment or rule of law,

(c)make provision for the issue by the Secretary of State of a code of practice,

(d)provide for sections 47 and 48 to apply in relation to such a code with such modifications as may be specified,

(e)provide for any of the provisions of Parts IV and V to apply, with such modifications as may be specified in the regulations, in relation to compliance with any requirement of the regulations, and

(f)contain such transitional or consequential provision (including provision modifying any enactment) as the Secretary of State considers appropriate.

(5)This section has effect subject to section 80.