The Lord Chancellor announced to the House of Lords on 13 November 2001 that the Freedom of Information Act would be implemented in stages. The publication scheme provisions of the Act will be implemented first, on a rolling programme, as described in section 3 below. The individual right of access to information will be brought into force for all public authorities in January 2005; eleven months before the deadline set out in section 87(3) of the Act.
The following section sets out the provisions of the Act that are already in force, while section 3 gives a more detailed timetable for bringing into force the remaining provisions of the Act.
The Freedom of Information Act received Royal assent on 30 November 2000. The Act provides that all of its provisions must be in force by 30 November 2005. Those provisions of the Act already in force are, by and large, those which are necessary to have in place in advance of implementation of the Act's main provisions. The provisions in force include those which:
Under section 87(1) certain provisions of the Act came into force on Royal Assent, i.e. 30 November 2000.
These are listed in the table opposite:
| Provisions | Effect |
| Sections 3 to 7, and Schedule 1
|
Defines meaning of a public authority; defines a publicly owned company for the purposes of the Act ; and confers upon the Lord Chancellor certain order making powers, for example, to amend by order the list of public authorities in Schedule 1, and to designate as a public authority for the purposes of the Act bodies (or persons) exercising functions of a public nature or providing under contract with a public authority a service whose provision is a function of that authority. |
| Section 8 | Defines what 'a request for information' means for the purposes of the Act. |
| Schedule 2, paragraphs 2 and 17 to 22 (and section 18(4) so far as relating to the provisions of Schedule 2 brought into force) | Provisions consequential on the renaming of the Data Protection Commissioner and Tribunal. |
| Sections 19 (insofar as relating to approval of publication schemes) and 20 (insofar as relating to approval and preparation by the Commissioner of model publication schemes) | Confers powers on the Commissioner to approve publication schemes and approve and prepare model schemes, but these two sections are not yet commenced insofar as to place the obligation on public authorities to adopt and maintain schemes. |
| Section 47 (2) to (6) | Places certain duties on and gives certain functions to the Commissioner, including the giving of advice and the dissemination of information about the operation of the Act, about good practice (a term which is defined in subsection (6)), and other matters within his scope. |
| Section 49 | Requires the Commissioner to lay an annual general report before Parliament on the exercise of his functions under the Act and allows him to lay before Parliament any other reports in respect of her functions as he sees fit. |
| Schedule 5, paragraph 4 (and section 67 so far as relating paragraph 4 of Schedule 5) | Inserts a new paragraph 3A in Schedule 1 to the Public Records Act 1958 which confers a power to extend the meaning of 'public records'. |
| Schedule 6, paragraph 8 (and section 73 so far as relating to that provision) | Extends a transitional exemption in paragraph 2(1) of Schedule 14 to the Data Protection Act 1998. |
| Section 74 | Confers power on the Secretary of State to make provision relating to environmental information to implement the Convention on Access to Information, Public Participation in Decision-making and Access to Justice in Environmental Matters ('the Aarhus Convention'). |
| Section 75 | Confers power on the Lord Chancellor to amend or repeal enactments
prohibiting disclosure
of information. |
| Sections 78 to 85 | Various miscellaneous and supplemental provisions. |
| Part I of Schedule 8 (and section 86 so far as relating to that part of Schedule 8) | Repeal coming into force. |
| Section 87 | Commencement. |
| 'and so much of any other provision of the Act as confers power to make any order, regulations or code of practice.' |
Certain other provisions came into force on 30 January 2001 (see section 87(2) of the Act). They are:
| Provisions | Effect |
| Section 18 (1) | Renames the Data Protection Commissioner as Information Commissioner. |
| Schedule 2: paragraphs 1(1), 3(1), 4, 6, 7, 8(2), 9(2), 10(a), 13(1) and(2), 14(a), 15(1) and (2) (and section 18(4) as far as relating to those provisions of Schedule 2) | Provisions consequential on renaming the Data Protection Commissioner as Information Commissioner. |
| Section 76 and Schedule 7 | Provides for the exchange of information between the Commissioner
and specified public
sector ombudsmen. |
| Part II of Schedule 8 (and section 86 so far as relating to that Part) | Lists repeals coming into force. |
Section 87(3) and (4) of the Act provides that the remaining provisions of the Act shall come into force five years after the date of Royal Assent (i.e. would come into force on 30 November 2005) unless they have already been brought into force by commencement order(s). There is flexibility to allow different commencement dates for different purposes within the five year period and allowance for savings and transitional provisions to be made.
The first commencement order, the Freedom of Information Act 2000 (Commencement No. 1) Order 2001 (SI 2001 No. 1637 (C56)) was made, and came into force on 14 May 2001. It brought into force certain, for the most part, technical provisions which are needed in advance of implementation of the Act's main provisions. They are:
| Provisions | Effect |
| Section 18(5), (6) and (7) | Provisions relating to the appointment and period of office of the Information Commissioner. |
| Section 18(2) and (3), Schedule 2, paragraphs 1(2), 3(2), 5, 8(1), 9(1), 11, 12, 13(3),14(b) and (15)3; and section 18(4) as far as relating to those provisions | Provisions renaming the Data Protection Tribunal as the Information Tribunal and making consequential provision. |
| Schedule 2 Paragraph 16 and section 18(4) as far as relating to
that provision; Schedule 4, paragraphs 1 and 4, and section 61 as
far as relating to
those provisions |
Provisions enabling appointments to be made to the Information Tribunal of lay members to represent the interests of individuals and public authorities under the Act, and provisions enabling the designation of persons who are capable of hearing appeals under section 60(1) or (4) of the Act and provisions enabling the Secretary of State to make rules for regulating the exercise of the rights of appeal conferred by section 57(1) and (2) and section 60(1) and (4) of the Act. |
| Schedule 6, paragraph 1 amends section 7(3) of the DPA to make its wording consistent with section 1(3) of FOIA; Schedule 6, paragraph 6 amends the exemption in paragraph 3(b) of Schedule 7 to the DPA to include a reference to 'dignity' as well as honours; Schedule 6, paragraph 7 amends paragraph 10 of Schedule 7 to the DPA to correct the reference to the Scottish equivalent of legal professional privilege; and section 73 as far as relating to these provisions in Schedule 6 | Provisions making minor amendments to the Data Protection Act 1998. |
The timetable for the implementation of the Freedom of Information Act was announced by the Lord Chancellor to the House of Lords on 13 November 2001. (Copies of the timetable were placed in the libraries of both Houses). The publication scheme provision of the Act will be implemented first, on a rolling programme, starting this month and finishing in June 2004 (see table opposite). Subsequently, agreement was reached with the devolved administration in Northern Ireland that implementation of the publication scheme provisions of the Act for devolved bodies in Northern Ireland will follow a similar pattern. It has been agreed with the National Assembly for Wales that implementation of these provisions for the majority of Assembly-Sponsored Public bodies will take place this month.
The individual right of access will be brought into force for all public authorities in January 2005.
| November 2002 | Central Government (except the Crown Prosecution Service and the Serious Fraud Office), Parliament, National Assembly for Wales and Assembly sponsored public bodies, non- departmental public bodies currently subject to the Code of Practice on Access to Government Information. (Part I sections (1),(2),(3), and (5) and some of Part VI of Schedule 1) |
| February 2003 | Local Government (except police authorities). (Part II) |
| June 2003 | Police, police authorities, Crown Prosecution Service, Serious Fraud Office, Armed Forces. (Part V not relating to Northern Ireland and Part I (6)) |
| October 2003 | Health Service.
(Part III relating to England and Wales) |
| February 2004 | Schools, Universities, remaining NDPBs. (Part IV relating to England and Wales and some of Part VI) |
| June 2004 | Remaining public authorities. |
A second commencement order has been made which will bring further provisions of the Act into force on 30 November.
This order implements the first three stages of the timetable and is an important step in implementing the substantive provisions of the Act. The provisions that have come into force will:
Various other provisions have been brought into force, including those which:
The provisions are listed in detail on the next page:
• Commenvement on 30 December 2002
| Provisions | Effect |
| Sections 19(5) to (7), and 20 insofar as they are not already in force | Provisions concerning any of the Commissioner's powers and duties relating to publication schemes and model publication schemes not already in force. |
| Sections 45 and 46 insofar as they are not already in force | The requirement on the Lord Chancellor to issue codes of practice relating to the discharge of public authorities' functions under Part I of the Act and records management. |
| Section 47(1) | Duty on the Information Commissioner to promote the following
of good practice by
public authorities. |
Sections 48(1) and (2), 54, 55 and Schedule 3, so far as they relate to: the issue of practice recommendations, and
|
Allows the Commissioner to issue practice recommendations if an authority does not appear to be conforming with provisions relating to publication schemes in the section 45 code. Also allows the Commissioner to issue an information notice to determine whether an authority is conforming with publication scheme provisions in the s45 code. |
| Sections 51, 52 and 54, 55 and Schedule, so far as they relate to the enforcement of the requirements on public authorities under the publication scheme provisions and section 56. | Allows the Commissioner to issue information and enforcement notices and other enforcement provisions as far as is necessary to allow the Commissioner to enforce authorities' compliance with obligations in respect of publication schemes. |
| Sections 57(2) 58, 59 and 61(2), Paragraph 10(b) of Schedule 2 (and section 18(4) insofar as it is not already in force), Paragraph 3 of Schedule 4 (and section 61(1) so far as relating to that provision) | Provisions to enable appeals to be heard by the Information Tribunal and related provisions. |
| Paragraph 1 of Schedule 5 (and section 67 so far as relating to that provision) | Makes minor amendment to the Public Records Act 1958 by extending the functions of the Advisory Council on Public Records to include matters relating to the application of freedom of information to public records which are historical records. |
| Section 72 | Makes minor amendment to the Data Protection Act necessary as a consequence of the Freedom of Information Act. |
| Section 88 | Short title and extent. |
| Sections 19 (1) to (4) and 20 (2) | Publication scheme provisions of the Act.
(See below) |
The publication scheme provisions place a duty on public authorities to adopt and maintain a scheme which relates to the publication of information by the authority, which has been approved by the Commissioner; to publish information in accordance with the scheme, and to review the scheme from time to time.
The publication scheme provisions of the Act are contained in sections 19 (1) to (4). The second commencement order will bring the publication scheme provisions into force on 30 November 2002 for the public authorities listed in:
Paragraph 1 of Part 1 of Schedule 1 to the Act (government departments), except for the Crown Prosecution Service and the Serious Fraud Office. Paragraphs 2, 3 and 5 of Part I of Schedule 1 to the Act (The House of Commons, the House of Lords and the National Assembly for Wales).
Part I of Schedule 1 to the second commencement order (some of the bodies and offices listed in Part VI of Schedule 1 and bodies added to Part VI by order under section 4 of the Act, being either bodies and offices subject to the Code of Practice on Access to Government Information or Assembly-sponsored public bodies as agreed with the National Assembly for Wales). Part II of Schedule 1 to the second commencement order (some of the bodies and offices listed in Part VII of Schedule 1 and bodies added to Part VII by order under section 4, as agreed with the devolved administration in Northern Ireland).
The second commencement order will bring the publication scheme provisions into force on 28 February for the public authorities listed in:
The second commencement order will bring the publication scheme provisions into force on 30 June 2003 for:
(i) Paragraph 6 of Part I of Schedule 1 to the Act (Armed Forces),
(ii) Paragraphs 57-64 of Schedule 1 to the Act (Police),
Further commencement orders are planned in order to bring the publication scheme provisions of the Act into force as follows (in line with the announced programme).
For commencement on 30 October 2003 - Part III of Schedule 1 to the Act (Health Service):
For commencement on 29 February 2004 - Part IV and some of Parts VI and VII of Schedule 1 to the Act (schools, universities etc, remaining NDPBs and other public bodies and offices including publicly-owned companies as defined in section 6 of the Act).
For commencement on 30 June 2004 - all remaining authorities, predominantly bodies designated under section 5 of the Act.
As stated above, provisions relating to the individual right of access (which effectively means all provisions not already commenced or commenced in full) will come into force on 1 January 2005.
The Freedom of Information Act will thus be fully implemented by January 2005, eleven months before the date set out in section 87(3) of the Act.