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.
- Main article: Bonfire of the quangos
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
- Enabling legislation: Health and Social Care Bill 2010-2011
- List of GP Pathfinder Consortia (Wave 1 & Wave 2): http://healthandcare.dh.gov.uk/context/consortia/
- 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.
- (a) at the appropriate place insert—
- 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
31 May 2010 Transparency Letter
1st June 2010
- Authorisation of Airedale NHS Foundation Trust
1st July 2010
- Public Services Reform (Scotland) Act 2010 and SSI 2010/221:
- Addition to FOISA Schedule I of Creative Scotland
- Abolition and removal from FOISA Schedule I of the Scottish Arts Council
- Removal from FOISA Schedule I of Scottish Screen
5th July 2010
- Winding up of Personal Accounts Delivery Authority (SI 2010/911)
- Establishment of National Employment Savings Trust Corporation (SI 2010/3 and SI 2010/10)
1st August 2010
- Abolition and removal from Schedule I of the Hearing Aid Council (Health and Social Care Act 2008 and SI 2010/708)
- Removal from FOISA Schedule I of (Public Services Reform (Scotland) Act 2010 and SSI 2010/221):
- Deer Commission for Scotland (functions transferred to Scottish Natural Heritage)
- Advisory Committee on Sites of Special Scientific Interest (functions transferred to Scottish Natural Heritage)
- Scottish Records Advisory Council (functions transferred to Scottish Ministers)
- Scottish Industrial Development Advisory Board
- Historic Environment Advisory Council for Scotland (rights and liabilities transferred to Scottish Ministers)
- Coleg Llysfasi College merged into Deeside College (SI 2010/1761)
20th August 2010
- Gorseinon College and Swansea College merge to form Gower College Swansea (SI 2010/1876)
1st September 2010
- Addition to FOIA Schedule I of (Academies Act 2010 and SI 2010/1937) (Only in relation to the proprietor of an Academy opening on or after 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.
- (2)In sub-paragraph (1)—
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
- Changes to FOIA Schedule I by SI 2010/231 and SI 2010/1621:
- General Pharmaceutical Council established and added
- Royal Pharmaceutical Society of Great Britain removed
1st October 2010
- Addition to FOIA Schedule I of (SI 2010/937):
- 35C. An urban development corporation established under section 135 of the Local Government, Planning and Land Act 1980.
- The Commission on Human Medicines
- The Film Industry Training Board for England and Wales (one of three statutory training boards)
- The Herbal Medicines Advisory Committee
- The Independent Advisory Committee on Development Impact
- The Independent Remuneration Panel for Wales
- The National Consumer Council
- The National Non-Food Crops Centre
- The Office of the Renewable Fuels Agency
- The Personal Accounts Delivery Authority
- The Railway Heritage Committee
- The Regulator of Community Interest Companies
- The Science Advisory Council
- Removal from FOIA Schedule I of (SI 2010/939):
- The Adjudicator for the Inland Revenue and Customs and Excise
- The Advisory Committee on Advertising
- The Advisory Committee on Consumer Products and the Environment
- The Committee on Chemicals and Materials of Construction For Use in Public Water Supply and Swimming Pools
- The Committee on Medical Aspects of Food and Nutrition Policy
- The Expert Group on Cryptosporidium in Water Supplies
- The Food Advisory Committee
- The Know-How Fund Advisory Board
- The Medicines Commission
- The National Care Standards Commission
- The Overseas Service Pensions Scheme Advisory Board
- The Social Services Inspectorate for Wales Advisory Group
- The Specialist Advisory Committee on Antimicrobial Research
- The Water Regulations Advisory Committee
- The Wine Standards Board of the Vintners’ Company
- Enterprise Ulster
- The Northern Ireland Pig Production Development Committee
- Marine and Coastal Access Act 2009 and SI 2010/2195: addition to FOIA Schedule I of:
- 35B An inshore fisheries and conservation authority for a district established under section 149 of the Marine and Coastal Access Act 2009.
- Establishment of:
- Cornwall Inshore Fisheries and Conservation Authority (SI 2010/2188)
- Eastern Inshore Fisheries and Conservation Authority (SI 2010/2189)
- Kent and Essex Inshore Fisheries and Conservation Authority (SI 2010/2190)
- North Eastern Inshore Fisheries and Conservation Authority (SI 2010/2193)
- Northumberland Inshore Fisheries and Conservation Authority (SI 2010/2197)
- Southern Inshore Fisheries and Conservation Authority (SI 2010/2198)
- Sussex Inshore Fisheries and Conservation Authority (SI 2010/2199)
- North Western Inshore Fisheries and Conservation Authority (SI 2010/2200)
- Devon and Severn Inshore Fisheries and Conservation Authority (SI 2010/2212)
- Isles of Scilly Inshore Fisheries and Conservation Authority (SI 2010/2213)
- Authorisation of:
- Changes of name of National Health Service trusts:
6th October 2010
- Changes to FOIA Schedule I Part VI:
The Legal Services Complaints Commissioner(added by SI 2004/938, removed by Legal Services Act 2007 and SI 2010/2089)The Legal Services Consultative Panel(removed by Legal Services Act 2007 and SI 2010/2089)
1st November 2010
- Change of name of a National Health Service trust:
- Establishment of new National Health Service trusts:
- Birmingham Community Healthcare National Health Service Trust (by SI 2010/2460)
- Central London Community Healthcare National Health Service Trust (by SI 2010/2462)
- Eastern and Coastal Kent Community Health National Health Service Trust (by SI 2010/2463)
- Hertfordshire Community National Health Service Trust (by SI 2010/2464)
- Liverpool Community Health National Health Service Trust (by SI 2010/2465)
- Norfolk Community Health and Care National Health Service Trust (by SI 2010/2466)
- Ashton, Leigh and Wigan Community Healthcare National Health Service Trust (by SI 2010/2485)
5th November 2010
- (Re-)establishment of the Tyne Port Health Authority by SI 2010/2676.
11th November 2010
- Constitutional Reform and Governance Act 2010 and SI 2010/2703 amends FOIA Schedule I Part VI:
- remove The Civil Service Commissioners
- replace with The Civil Service Commission
1st December 2010
- Authorisation of an NHS Foundation Trust:
1st January 2011
- Addition to FOIA Schedule I of (Academies Act 2010 and SI 2010/1937) (in relation to all Academies):
- 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.
- (2)In sub-paragraph (1)—
- Change of name of a National Health Service trust:
6th January 2011
- Clegg pledges to expand freedom of information (Daily Mail, 6 January 2011)
- Revealed: plans for extending FOI (Open Secrets Blog, BBC, 6 January 2011)
7th January 2011
- Proposals officially announced
- Explicit extension of FOIA Section 6 to jointly-owned companies by Act of Parliament (to be introduced Feb 2011)
- Various designations under FOIA Section 5 (some "as soon as possible", some later)
19th January 2011
- Various provisions of the Constitutional Reform and Governance Act 2010 brought into force by SI 2011/46, modifying the FOIA Section 37 Exemption, making it absolute, and adjusting the time limits for it, but only outside Northern Ireland.
21st January 2011
- Amendment to FOIA Schedule I Part VI:
The National Identity Scheme Commissioner(added by Identity Cards Act 2006 and SI 2009/2303; removed by Identity Documents Act 2010)
31st January 2011
- Dissolution of the Royal Forest of Dean College (a further education college) by SI 2010/2992.
1st February 2011
- Authorisation of two NHS foundation trusts:
2nd February 2011
- University of the Highlands and Islands becomes a University
8th February 2011
- Addition to FOIA Schedule 1 Part VII:
9th February 2011
- Abolition of the Scotter Drainage Authority (an internal drainage board) by SI 2011/436
11th February 2011
- Name change of an NHS foundation trust:
- Amalgation of the Foss Internal Drainage Board and the Wilberfoss and Thornton Level Drainage Board into the Foss (2008) Internal Drainage Board by SI 2011/810.
1st March 2011
- Authorisation of two NHS foundation trusts:
2nd March 2011
- Amalgamation of four internal drainage boards by SI 2011/819:
- Abolished:
- Everton Internal Drainage Board
- Garthorpe Drainage Board
- Isle of Axholme Internal Drainage Board
- Rivers Idle and Ryton Internal Drainage Board
- Constituted:
- Abolished:
- Amalgamation of five internal drainage boards by SI 2011/820:
- Abolished:
- Marston Moor Internal Drainage Board
- Acaster Internal Drainage Board
- North Wharfe Internal Drainage Board
- Appleton Roebuck and Copmanthorpe Internal Drainage Board
- South Wharfe Internal Drainage Board
- Constituted:
- Abolished:
24th March 2011
- Hull and Goole Port Health Authority reconstituted by SI 2011/939.
1st April 2011
- Changes to FOISA Schedule I:
19 A social work inspector appointed under section 4 of the Joint Inspection of Children's Services and Inspection of Social Work Services (Scotland) Act 2006 (asp 3)(added by Joint Inspection of Childrens Services and Inspection of Social Work Services (Scotland) Act 2006; removed by SSI 2011/211)- 27A Healthcare Improvement Scotland (added by SSI 2011/211)
32C NHS Quality Improvement Scotland(added by SSI 2008/297; removed by SSI 2011/211)- 62ZZA The Commission for Ethical Standards in Public Life in Scotland in the performance of its functions under section 1(7) of the Scottish Parliamentary Commissions and Commissioners etc. Act 2010 (asp 12) (added by Scottish Parliamentary Commissions and Commissioners etc. Act 2010)
- 75ZA The Public Appointments Commissioner for Scotland (added by Scottish Parliamentary Commissions and Commissioners etc. Act 2010)
81 The Scottish Commission for the Regulation of Care(removed by SSI 2011/211)- 85B The Scottish Housing Regulator (added by Housing (Scotland) Act 2010 and SSI 2011/96)
- 102A Social Care and Social Work Improvement Scotland (added by SSI 2011/211)
- Scottish Parliamentary Commissions and Commissioners etc. Act 2010 also abolishes:
- the Chief Investigating Officer,
- the Scottish Parliamentary Standards Commissioner, and
- the Commissioner for Public Appointments in Scotland.
- Abolition of NHS Quality Improvement Scotland (listed in FOISA Schedule 1 - Public Authorities) by SSI 2011/36
- Abolition of Scottish Commission for the Regulation of Care (listed in FOISA Schedule 1 - Public Authorities) by Public Services Reform (Scotland) Act 2010 and SSI 2011/122
- Abolition of all remaining Sea Fisheries Committees by Marine and Coastal Access Act 2009 and SI 2011/556
- Driver and Vehicle Licensing Agency ceases being a trading fund by virtue of SI 2011/630
- Flood and Water Management Act 2010 (sch 2 para 53) abolishes Regional flood defence committees (commenced by SI 2011/694)
- Changes of names of National Health Service trusts:
- Walsall Hospitals National Health Service Trust → Walsall Healthcare National Health Service Trust (by SI 2011/791)
- Eastern and Coastal Kent Community Health National Health Service Trust → Kent Community Health National Health Service Trust (by SI 2011/890)
- Hereford Hospitals National Health Service Trust → Wye Valley National Health Service Trust (by SI 2011/891)
- Establishment of several National Health Service trusts:
- Derbyshire Community Health Services National Health Service Trust (not on the main list) (by SI 2011/798)
- Hounslow and Richmond Community Healthcare National Health Service Trust (by SI 2011/799)
- Leeds Community Healthcare National Health Service Trust (by SI 2011/800)
- Lincolnshire Community Health Services National Health Service Trust (not on the main list) (by SI 2011/802)
- Solent National Health Service Trust (by SI 2011/804)
- Wirral Community National Health Service Trust (by SI 2011/805)
4th April 2011
- Amendment to FOIA Schedule 1 Part VI:
- The Office for Budget Responsibility (not on the main list) (added by Budget Responsibility and National Audit Act 2011 and SI 2011/892)
8th April 2011
- New further education corporation established:
- Cardiff and Vale College (C, by SI 2011/659)
18th April 2011
- SSI 2011/113 amends FOISA Schedule 1:
- 62ZZZA Children’s Hearings Scotland (not on the main list) (added by SSI 2011/113)
2nd August 2011
- Winding up of Edinburgh College of Art by SSI 2011/54.
October 2011
- designations that were expected under section 5[2]:
- Association of Chief Police Officers
- Financial Ombudsman Service
- Universities and Colleges Admissions Service
Academys(academies were made subject from 1 January 2011)
31st December 2011
- Changes to FOIA Schedule I Part VI:
The Building Regulations Advisory Committee(removed by SI 2010/939)- The Building Regulations Advisory Committee for England (not on the main list) (added by SI 2010/937)
- The Building Regulations Advisory Committee for Wales (not on the main list) (added by SI 2010/937)
The Legal Services Ombudsman(removed by Legal Services Act 2007 and SI 2010/2089)
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.
- Communications Act 2003 removes from FOIA Schedule I:
- The Independent Television Commission
- The Radio Authority
- Horserace Betting and Olympic Lottery Act 2004 removes from FOIA Schedule I:
- National Health Service Reform (Scotland) Act 2004 removes from FOISA Schedule 1:
- 30
A local health council, established under section 7 of the National Health Service (Scotland) Act 1978(removed by National Health Service Reform (Scotland) Act 2004) - 31
A National Health Service trust(removed by National Health Service Reform (Scotland) Act 2004)
- 30
- Climate Change (Scotland) Act 2009 adds to FOISA Schedule I:
- The Scottish Committee on Climate Change
- Public Authorities (Reform) Act (Northern Ireland) 2009 abolishes the Disability Living Allowance Advisory Board for Northern Ireland and removes it from FOIA Schedule I Part VII.
- Public Services Reform (Scotland) Act 2010:
- amends FOISA Schedule I:
- Child Poverty Act 2010
- Schedule 1, Paragraph 21:
- 21 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 Child Poverty Commission.”
- 21 In Part 6 of Schedule 1 to the Freedom of Information Act 2000 (other public bodies and offices: general) at the appropriate place insert—
- Schedule 1, Paragraph 21:
- Constitutional Reform and Governance Act 2010
- Schedule 7 also changes to the Act.
- Criminal Justice and Licensing (Scotland) Act 2010 (sch 1 para 14) adds to FOISA Schedule I:
- 98A The Scottish Sentencing Council.
- Crofting Reform (Scotland) Act 2010 renames the Crofters Commission to the Crofting Commission, but doesn't amend FOISA Schedule I.
- Safeguarding Board Act (Northern Ireland) 2011 inserts into FOIA Schedule 1 Part VII:
- The Safeguarding Board for Northern Ireland (not on the main list) (added by Safeguarding Board Act (Northern Ireland) 2011)
- Welsh Language (Wales) Measure 2011 abolishes the Welsh Language Board, which appears in FOIA Schedule I Part VI
- Budget Responsibility and National Audit Act 2011:
- amends FOIA Schedule 1 Part VI:
- The Comptroller and Auditor General (added by Budget Responsibility and National Audit Act 2011)
- reference to NAO in FOIA Schedule 1 Part VI is to be taken as a reference to the new NAO
- other amendments to section 36
- amends FOIA Schedule 1 Part VI: