Statutory Instruments
Freedom Of Information
Made
17th November 2010
Coming into force in accordance with regulation 1(2)
The Secretary of State, in exercise of the powers conferred by section 10(4) of the Freedom of Information Act 2000(1), makes the following Regulations.
In accordance with section 82(2)(b) of that Act, a draft of this instrument was laid before Parliament and approved by a resolution of each House of Parliament.
1.—(1) These Regulations may be cited as the Freedom of Information (Time for Compliance with Request) Regulations 2010.
(2) These Regulations come into force on the day after the day on which they are made.
2.—(1) This regulation applies to a request for information that is received by the proprietor of an Academy.
(2) Where this regulation applies, subsections (1) and (2) of section 10 of the Freedom of Information Act 2000 have effect as if any reference to the twentieth working day following the date of receipt were a reference to either—
(a)the twentieth working day following the date of receipt, disregarding any working day which, in relation to the Academy referred to in paragraph (1), is not a school day, or
(b)the sixtieth working day following the date of receipt,
whichever occurs first.
(3) “School day”, for the purposes of this regulation, has the same meaning as in section 579(1) of the Education Act 1996(2).
Signed by authority of the Secretary of State for Justice
McNally
Minister of State
Ministry of Justice
17th November 2010
(This note is not part of the Regulations)
These Regulations modify the period within which proprietors of Academies must respond to requests for information under the Freedom of Information Act 2000. The proprietor of an Academy must comply with the request within twenty working days of the date of receipt, disregarding any working day which, in relation to the Academy, is not a school day, or within sixty working days following the date of receipt, whichever is the sooner.
Proprietors of Academies are therefore subject to the same timeframes as the schools covered by The Freedom of Information (Time for Compliance with Request) Regulations 2004 (S.I. 2004/3364) and The Freedom of Information (Time for Compliance with Request) Regulations 2009 (S.I. 2009/1369).
No impact assessment has been produced for this instrument as no impact on the private or voluntary sector is foreseen.