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Statutory Instruments

2002 No. 2812 (C. 86)

FREEDOM OF INFORMATION

The Freedom of Information Act 2000 (Commencement No. 2) Order 2002

Made

12th November 2002

The Lord Chancellor, in exercise of the powers conferred upon him by section 87(3) of the Freedom of Information Act 2000( 1 ), makes the following Order:

1. —(1) This Order may be cited as the Freedom of Information Act 2000 (Commencement No. 2) Order 2002( 2 ).

(2) In this Order—

the Act” means the Freedom of Information Act 2000; and

the publication scheme provisions” means section 19(1) to (4) of the Act, insofar as it is not already in force( 3 ).

Commencement on 30th November 2002

2. The following provisions of the Act shall come into force on 30th November 2002:

(a) sections 19(5) to (7) and 20, insofar as they are not already in force;

(b) sections 45 and 46, insofar as they are not already in force;

(c) section 47(1);

(d) sections 48(1) and (2), 51 and 54 and Schedule 3, so far as they relate to—

(i) the issue of practice recommendations, and

(ii) the issue and enforcement of information notices,

relating to the conformity with the code of practice under section 45 of the practice of public authorities in relation to the exercise of their functions under the publication scheme provisions;

(e) sections 51, 52 and 54 and Schedule 3, so far as they relate to the enforcement of the requirements on public authorities under the publication scheme provisions;

(f) section 55, so far as relating to the provisions of Schedule 3 referred to in paragraphs (d) and (e) above;

(g) sections 56, 57(2), 58, 59 and 61(2);

(h) paragraph 10(b) of Schedule 2 (and section 18(4) insofar as it is not already in force);

(i) paragraph 3 of Schedule 4 (and section 61(1) so far as relating to that provision);

(j) paragraph 1 of Schedule 5 (and section 67 so far as relating to that provision);

(k) section 72; and

(l) section 88.

3. The publication scheme provisions shall come into force on 30th November 2002 for the public authorities listed in—

(a) paragraph 1 of Schedule 1 to the Act (government departments), except for the Crown Prosecution Service and the Serious Fraud Office;

(b) paragraphs 2, 3 and 5 of Schedule 1 to the Act; and

(c) Schedule 1 to this Order( 4 ).

Commencement on 28th February 2003

4. The publication scheme provisions shall come into force on 28th February 2003 for the following public authorities

(a) the Common Council of the City of London, in respect of information held in its capacity as a local authority or port health authority( 5 ); and

(b) the public authorities listed in—

(i) paragraphs 7, 8, 10 to 16 and 18 to 36 of Schedule 1 to the Act; and

(ii) Schedule 2 to this Order.

Commencement on 30th June 2003

5. The publication scheme provisions shall come into force on 30th June 2003 for the following public authorities

(a) the Crown Prosecution Service and the Serious Fraud Office;

(b) the Common Council of the City of London, in respect of information held in its capacity as a police authority; and

(c) the public authorities listed in—

(i) paragraph 6 of Schedule 1 to the Act;

(ii) paragraphs 57 to 64( 6 ) of Schedule 1 to the Act; and

(iii) Schedule 3 to this Order.

Signed by the authority of the Lord Chancellor

Yvette Cooper

Parliamentary Secretary,

Lord Chancellor’s Department

12th November 2002

Article 3

SCHEDULE 1 COMMENCEMENT ON 30th NOVEMBER 2002

PART I OTHER PUBLIC BODIES AND OFFICES: GENERAL

PART II OTHER PUBLIC BODIES AND OFFICES: NORTHERN IRELAND

Article 4

SCHEDULE 2 COMMENCEMENT ON 28th FEBRUARY 2003

PART I OTHER PUBLIC BODIES AND OFFICES: GENERAL

PART II OTHER PUBLIC BODIES AND OFFICES: NORTHERN IRELAND

Article 5

SCHEDULE 3 COMMENCEMENT ON 30th JUNE 2003

OTHER PUBLIC BODIES AND OFFICES: GENERAL

( 1 )

2000 c. 36 . The functions of the Secretary of State under section 87(3) were transferred to the Lord Chancellor by the Transfer of Functions (Miscellaneous) Order 2001 (S.I. 2001/3500 ), which Order amended section 87(3) accordingly.

( 2 )

Certain provisions of the Act came into force on Royal Assent (30th November 2000) by section 87(1), on 30th January 2001 by section 87(2), and on 14th May 2001 by S.I. 2001/1637 (c. 56) .

( 3 )

By section 87(1)(b) of the Act, section 19 so far as relating to the approval of publication schemes is already in force.

( 4 )

The public authorities listed in Schedules 1, 2 and 3 to this Order are among those listed in Parts VI and VII of Schedule 1 to the Act.

( 5 )

The Common Council of the City of London, in respect of information held in its capacity as a local authority, police authority or port health authority, is listed in paragraph 9 of Schedule 1 to the Act.

( 6 )

Paragraphs 60 and 61 of Schedule 1 to the Act were amended by paragraph 25 of Schedule 6 to the Police (Northern Ireland) Act 2000 (c. 32) .

( 7 )

This body was added to Part VI of Schedule 1 to the Act by S.I. 2002/2623 .

( 8 )

This body was renamed the Rail Passengers' Council by section 227(1) of the Transport Act 2000 (c. 38) . By section 227(3) of that Act, references in instruments made under other Acts to the Central Rail Users' Consultative Committee have effect as references to the Rail Passengers' Council.

( 9 )

1958 c. 47 .

( 10 )

This body was renamed the National Employer Advisory Board with effect from 23rd September 2002.

( 11 )

1993 c. 43 . These bodies were formerly known as Rail Users' Consultative Committees, but were renamed by section 227(1) of the Transport Act 2000 (c. 38) , and section 2(2) of the Railways Act 1993 was amended accordingly. They were added to Part VI of Schedule 1 to the Act by S.I. 2002/2623 .

( 12 )

1998 c. 45 .

( 13 )

This body was added to Part VI of Schedule 1 to the Act by paragraph 30 of Schedule 14 to the Transport Act 2000

( 14 )

This body was renamed the Wine Standards Board with effect from 1st April 2002.

( 15 )

This body was added to Part VII of Schedule 1 to the Act by S.I. 2002/2623 .

( 16 )

S.I. 1986/594 (N.I. 3) .

( 17 )

This body was renamed the Health and Safety Executive for Northern Ireland by the Health and Safety at Work (Amendment) (Northern Ireland) Order 1998 (S.I. 1998/2795 (N.I. 18) ).

( 18 )

This body was added to Part VII of Schedule 1 to the Act by S.I. 2002/2623 .

( 19 )

This body was added to Part VI of Schedule 1 to the Act by paragraph 8 of Schedule 4 to the Criminal Justice and Police Act 2001 (c. 16) .

Status: This is the original version (as it was originally made). This item of legislation is currently only available in its original format.
The Freedom of Information Act 2000 (Commencement No. 2) Order 2002 (2002/2812)

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Status of this instrument

footnotecommentarytransitional and savingsin force statusrelated provisionsgeo extentinsert/omitsource countin force adj
Defined TermSection/ArticleIDScope of Application
the ActUnknownthe_Act_rtpqkK8
the publication scheme provisionsUnknownthe_public_rt29eW0
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Sort descending by Changed Legislation Sort descending by Year and Number Changed Provision Type of effect Sort descending by Affecting Legislation Title Sort descending by Year and Number Affecting Provision Sort descending by Changes made to website text Note
The Freedom of Information Act 2000 (Commencement No. 2) Order 2002 2002 No. 2812 Sch. 1 Pt. 1 entry revoked The Public Bodies (Abolition of Food from Britain) Order 2014 2014 No. 1924 Sch. Not yet
The Freedom of Information Act 2000 (Commencement No. 2) Order 2002 2002 No. 2812 Sch. 1 Pt. 1 entry revoked The Ancient Monuments Board for Wales (Abolition) Order 2006 2006 No. 64 art. 3(2)(b) Not yet
The Freedom of Information Act 2000 (Commencement No. 2) Order 2002 2002 No. 2812 rev in pt The Historic Buildings Council for Wales (Abolition) Order 2006 2006 No. 63 art 3 Not yet
The Freedom of Information Act 2000 (Commencement No. 2) Order 2002 2002 No. 2812 Sch. 1 Pt. 1 words revoked The Qualifications, Curriculum and Assessment Authority for Wales (Transfer of Functions to the National Assembly for Wales and Abolition) Order 2005 2005 No. 3239 Sch. 2 para. 8 Not yet

Status of changes to instrument text

The list includes made instruments, both those in force and those yet to come into force. Typically, instruments that are not yet in force (hence their changes are not incorporated into the text above) are indicated by description 'not yet' in the changes made column.