2018 No. 1353

Exiting The European Union
Freedom Of Information

The Freedom of Information Act 2000 (Amendment) (EU Exit) Regulations 2018

Sift requirements satisfied

Made

Laid before Parliament

Coming into force in accordance with regulation 1

The Minister for the Cabinet Office, in exercise of the powers conferred by section 8(1) of the European Union (Withdrawal) Act 20181, makes the following Regulations.

The requirements of paragraph 3(2) of Schedule 7 to that Act (relating to the appropriate Parliamentary procedure for these Regulations) have been satisfied.

Citation and commencement1

These Regulations may be cited as the Freedom of Information Act 2000 (Amendment) (EU Exit) Regulations 2018 and come into force on exit day2.

Amendment of the Freedom of Information Act 20002

In section 44(1)(b) of the Freedom of Information Act 20003 (prohibitions on disclosure), for “EU obligation” substitute “retained EU obligation”.

Chloe SmithParliamentary SecretaryCabinet Office
EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations are made in exercise of the powers conferred by section 8(1) of the European Union (Withdrawal) Act 2018 (c. 16) in order to address a failure of retained EU law to operate effectively and other deficiencies (in particular under paragraphs (a) and (g) of section 8(2) of that Act) arising from the withdrawal of the United Kingdom from the European Union.

Section 44(1)(b) of the Freedom of Information Act 2000 (c. 36) provides an absolute exemption to disclosure of information under section 1 of that Act where such disclosure would be “incompatible with any EU obligation”. Regulation 2 amends section 44(1)(b) to substitute the term “retained EU obligation” for “EU obligation”.

An impact assessment has not been produced for this instrument as no, or no significant, impact on the private, voluntary or public sectors is foreseen.