Explanatory Notes

Freedom of Information Act 2000

2000 CHAPTER 36

30th November 2000

Commentary on Sections

Part VIII: Miscellaneous and supplemental

Section 87: Commencement

245.Subsection (1) provides for the immediate commencement on Royal Assent of:

246.The subsection also provides for the immediate commencement of certain paragraphs of Schedule 2 (with section 18(4) so far as relating to those paragraphs) and so much of any other provisions of the Act as confers power to make any order, regulation or code of practice.

247.Subsection (2) provides for the coming into force two months after Royal Assent (ie on 30th January 2001) of the provisions providing that the Data Protection Commissioner is to be known as the Information Commissioner and those that make consequential changes in related legislation.

248.Subsections (3) and (4) provide that all other provisions must come into force within five years after Royal Assent unless they have already been brought into force, provide flexibility to have different commencement dates for different purposes within the five year period, and allow for savings and transitional provision to be made, including provision capable of having effect after the five year period.

249.Subsection (5) requires the Secretary of State to lay before Parliament annual reports on his proposals for commencement of those parts of the Act not yet fully in force, until such time as the Act is fully commenced in accordance with subsection (3).