Explanatory Note

(This note is not part of the Order)

This Order brings into force further provisions of the Freedom of Information Act 2000 (“the Act”). Certain provisions have already been brought into force by section 87(1) and (2) of the Act and by an earlier commencement order (S.I. 2001/1637).

Article 2 of this Order brings into force on 30th November 2002 various provisions of the Act, in particular:

(i)a requirement on the Lord Chancellor to issue codes of practice relating to the discharge of public authorities' functions under the Act and records management;

(ii)a duty on the Information Commissioner to promote the following of good practice by public authorities;

(iii)provisions relating to the issue by the Commissioner of practice recommendations promoting conformity with the Lord Chancellor’s code of practice insofar as it relates to the exercise of public authorities' functions in relation to publication schemes;

(iv)provisions relating to the enforcement by the Commissioner of publication scheme obligations, and appeals by public authorities against any enforcement action taken;

(v)minor amendments to the Public Records Act 1958 and the Data Protection Act 1998.

Section 19(1) to (4) of the Act places obligations on public authorities in relation to publication schemes. Articles 3, 4 and 5 of this Order bring these obligations into force on 30th November 2002, 28th February 2003 and 30th June 2003 respectively for the public authorities specified in those Articles.