FOIwiki:Current events

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Well, more future than current really. Events that are likely to require updates to FOIwiki and WhatDoTheyKnow and other FOI related news.

Ongoing

Government Spending Review - abolition of quangos

  • A number of non-departmental government bodies / quangos have been named as being up for abolition, merger or absorption into parent departments, as part of the Coalition Government's Spending Review, due this autumn
  • The list of quangos up for review is still being compiled.

NHS community services divestment

Main article: NHS community services divestment

Primary care trusts are being required by DH to divest themselves of their in-house community services. In most cases, this is either to existing or newly formed National Health Service trusts or NHS foundation trusts. In "over 60" cases, though, services look like being provided by a "Social Enterprise", which appears to mean a Community Interest Company. The current proposal is to make them subject to the FOI Act.

Health and Social Care Bill

  • In addition to the Commissioning consortia, the Bill also introduces the NHS Commissioning Board, and will abolish Strategic Health Authorities and Primary Care Trusts.
  • In its current form (prior to the Second Reading), the Bill makes a number of explicit amendments to the FOI Act which follow. Please note that it is likely that the numbering for each section will change as the Bill passes through Parliament. Other bodies being abolished will no longer be public authorities.
  • Schedule 5 Part 1:
32 In Part 3 of Schedule 1 to the Freedom of Information Act 2000 (the National Health Service), before paragraph 36A insert—
“36ZA The National Health Service Commissioning Board.
36ZB A commissioning consortium established under section 14D of the National Health Service Act 2006.”
  • Schedule 11:
7 In Part 6 of Schedule 1 to the Freedom of Information Act 2000 (other public bodies and offices: general)—
(a) at the appropriate place insert—
“Monitor.”, and
(b) omit the entry for the Independent Regulator of NHS Foundation Trusts.
  • Schedule 12 Part 2:
71 In Part 3 of Schedule 1 to the Freedom of Information Act 2000 (NHS in England and Wales), in paragraph 40, omit “section 25 of the National Health Service Act 2006 or”
  • Schedule 14 Part 7:
64 (1) In each of the following provisions, omit the entry for “The Council for Healthcare Regulatory Excellence”—
[...]
(d) Part 6 of Schedule 1 to the Freedom of Information Act 2000
  • Schedule 14 Part 7:
66 (1) Omit the entry for the Office of the Health Professions Adjudicator in each of the following—
[...]
(c) Part 6 of Schedule 1 to the Freedom of Information Act 2000
  • Schedule 14 Part 7:
44 In the following provisions, omit the entry for the General Social Care Council—
[...]
(e) Part 6 of Schedule 1 to the Freedom of Information Act 2000.
  • Schedule 14 Part 7:
51 In the following provisions, for “the Health Professions Council” substitute “the Health and Care Professions Council”—
(a) Part 6 of Schedule 1 to the Freedom of Information Act 2000,
  • Schedule 16 Part 8:
7 In Part 6 of Schedule 1 to the Freedom of Information Act 2000 (other public bodies and offices: general) at the appropriate place insert—
“The National Institute for Health and Care Excellence.”
  • Schedule 18 Part 9:
6 In Part 6 of Schedule 1 to the Freedom of Information Act 2000 (other public bodies and offices: general) at the appropriate place insert—
“The Health and Social Care Information Centre.”
[This is the successor body to the "Health and Social Care Information Centre" Special Health Authority which is abolished]
  • Schedule 19 Part 10:
1 Omit the entry for the Alcohol Education and Research Council in each of the following—
[...]
(b) Part 6 of Schedule 1 to the Freedom of Information Act 2000.
  • Schedule 19 Part 10:
5 (1) Omit the entry for the Appointments Commission in each of the following—
[...]
(c) Part 6 of Schedule 1 to the Freedom of Information Act 2000.
  • Schedule 19 Part 10:
9 (1) Omit the entry for the National Information Governance Board for Health and Social Care in each of the following
[...]
(c) Part 6 of Schedule 1 to the Freedom of Information Act 2000.


  • Other bodies being abolished, and by default will no longer count as public authorities:
  • Strategic Health Authorities (that are continued in existence or established under section 13 of the National Health Service Act 2006)
  • Primary Care Trusts (that are continued in existence or established under section 18 of the National Health Service Act 2006)
  • Health Protection Agency
  • NHS trusts established under section 25 of the National Health Service Act 2006
  • National Patient Safety Agency established via National Patient Safety Agency (Establishment and Constitution) Order 2001 (S.I. 2001/1743)
  • NHS Institute for Innovation and Improvement established by NHS Institute for Innovation and Improvement (Establishment and Constitution) Order 2005 (S.I. 2005/1446) is revoked
  • Standing Avisory Committees (any left?)
(although not the Standing Advisory Committee on Vaccination and Immunisation)
  • There are some new bodies being created that don't appear to be explicitly covered by the FOI Act, although it may apply:
  • Healthwatch England (to be part of the Care Quality Commission)
  • Local Healthwatch organisations (to be created as body corporates)
  • Health and Wellbeing Boards (to be part of the local authority at county, district or London borough council level)
  • Finally, the Council for Healthcare Regulatory Excellence is to change its name to the Professional Standards Authority for Health and Social Care

Protection of Freedoms Bill

See article: Protection of Freedoms Bill

The main points:

  • Requirement for datasets to be made available in a reusable form
  • Requirement to release Crown datasets under a specified licence
  • Extension to FOIA Section 6 to cover companies jointly-owned by several public authorities
  • Slightly fewer restrictions on the actions of the Information Commissioner

1st August 2010

20th August 2010

1st September 2010

52A (1)The proprietor of an Academy, in respect of information held for the purposes of the proprietor’s functions under Academy arrangements.
(2)In sub-paragraph (1)—
  • “Academy arrangements” has the meaning given by section 1 of the Academies Act 2010;
  • “proprietor” has the meaning given by section 579(1) of the Education Act 1996.

2nd September 2010

  • The Henley College re-designated as a Sixth Form College Corporation by SI 2010/1911. This probably means the one in Henley-on-Thames, not the one in Coventry.

27th September 2010

1st October 2010

6th October 2010

1st November 2010

5th November 2010

11th November 2010

1st December 2010

1st January 2011

52A (1)The proprietor of an Academy, in respect of information held for the purposes of the proprietor’s functions under Academy arrangements.
(2)In sub-paragraph (1)—
  • “Academy arrangements” has the meaning given by section 1 of the Academies Act 2010;
  • “proprietor” has the meaning given by section 579(1) of the Education Act 1996.

6th January 2011

7th January 2011

19th January 2011

21st January 2011

31st January 2011

1st February 2011

2nd February 2011

8th February 2011

9th February 2011

11th February 2011

1st March 2011

2nd March 2011

24th March 2011

1st April 2011

4th April 2011

8th April 2011

15th April 2011

18th April 2011

13th May 2011

31st May 2011

1st July 2011

13th July 2011

31st July 2011

1st August 2011

2nd August 2011

15th August 2011

1st October 2011

October 2011

31st December 2011

Indefinite

These are changes that appear in primary legislation whose commencement date has not yet been appointed. In some cases, they may never happen at all.