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Statutory Instruments

2003 No. 1882

FREEDOM OF INFORMATION

The Freedom of Information (Additional Public Authorities) Order 2003

Made

17th July 2003

Laid before Parliament

21st July 2003

Coming into force

11th August 2003

The Lord Chancellor, in exercise of the powers conferred upon him by sections 4(1) and 4(6) and section 7(2) of the Freedom of Information Act 2000(1), and after consultation with the Secretary of State Northern Ireland(2) in accordance with section 4(7) of the Freedom of Information Act 2000, hereby makes the following Order:

1.—(1)  This Order may be cited as the Freedom of Information (Additional Public Authorities) Order 2003 and shall come into force on 11th August 2003.

(2) In this Order, “the Act” means the Freedom of Information Act 2000.

2.  The bodies and offices listed in Schedule 1 to this Order shall be added to Part VI of Schedule 1 to the Act, at the appropriate place in each case.

3.  The bodies and offices listed in Schedule 2 to this Order shall be added to Part VII of Schedule 1 to the Act, at the appropriate place in each case.

Signed by the authority of the Lord Chancellor

Lord Filkin

Parliamentary Under Secretary of State,

Department for Constitutional Affairs

Dated 17th July 2003

Article 2

SCHEDULE 1

Article 3

SCHEDULE 2

Explanatory Note

(This note is not part of the Order)

The obligations under the Freedom of Information Act 2000 apply to public authorities. For the purposes of the Act, a “public authority” means a body or office which is listed in Schedule 1 to the Act or designated by an order under section 5, or a publicly-owned company as defined by section 6. The list in Schedule 1 to the Act may be added to by an order under section 4(1), provided that the conditions prescribed by section 4(2) and (3) are satisfied.

By section 7(2) of the Act, an order under section 4(1) may list the public authority in Schedule 1 to the Act only in relation to information of a specified description.

Article 2 of this Order adds references to the bodies and offices listed in Schedule 1 to this Order to Part VI of Schedule 1 to the Act (Other Public Bodies and Offices: General).

Article 3 of this Order adds references to the bodies and offices listed in Schedule 2 to this Order to Part VII of Schedule 1 to the Act (Other Public Bodies and Offices: Northern Ireland).

The bodies and offices added to Schedule 1 to the Act by this Order are public bodies. There are no regulatory implications for businesses arising from this Order, therefore a Regulatory Impact Assessment has not been prepared.

(1)

2000 c. 36. The functions of the Secretary of State under sections 4 and 7 were transferred to the Lord Chancellor by the Transfer of Functions (Miscellaneous) Order 2001 (S.I. 2001/3500), which Order amended those sections accordingly.

(2)

2001 c. 1, Northern Ireland Act 2000. Section 4(7) of the Freedom of Information Act 2000 requires the Secretary of State to consult the First Minister and Deputy First Minister in Northern Ireland before making an order under section 4(1) that will add to Schedule 1 a body which, or the holder of any office who, would be a Northern Ireland public authority. Section 1 of the Northern Ireland Act 2000 suspends the devolved government in Northern Ireland, and by paragraph 4(1) of Schedule 1 to that Act, any functions of the First Minister and the deputy First Minister may be discharged by the Secretary of State during the period of suspension.