FOIwiki:Current events

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

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. We need to work out whether (and how) these fall within FOIA.

• DH press release

31 May 2010 Transparency Letter

• http://www.number10.gov.uk/news/statements-and-articles/2010/05/letter-to-government-departments-on-opening-up-data-51204

1st April 2010

• Establishment of the South Downs National Park Authority by SI 2010/497.
• Establishment of six new Community Health Councils by SI 2010/289:
  • Aneurin Bevan Community Health Council
  • Abertawe Bro Morgannwg Community Health Council
  • Betsi Cadwaladr Community Health Council
  • Cardiff and Vale of Glamorgan Community Health Council
  • Cwm Taf Community Health Council
  • Hywel Dda Community Health Council
• ... and the abolition of:
  • Conway East Community Health Council
  • Conway West Community Health Council
  • Clwyd Community Health Council
  • Gogledd Gwynedd Community Health Council
  • Meirionnydd Community Health Council
  • Ynys Môn Community Health Council
  • Gwent Community Health Council
  • Cardiff Community Health Council
  • Vale of Glamorgan Community Health Council
  • Merthyr and Cynon Valley Community Health Council
  • Pontypridd and Rhondda Community Health Council
  • Swansea Community Health Council
  • Neath Port Talbot Community Health Council
  • Bridgend Community Health Council
  • Carmarthenshire Community Health Council
  • Pembrokeshire Community Health Council
  • Ceredigion Community Health Council
• Establishment of Cambridgeshire Community Services National Health Service Trust by SI 2010/727.
• Abolition of the South Wales Sea Fisheries Committee[1]
• NHS Professionals Special Health Authority expected to be dissolved, with the business passing to NHS Professionals Limited.[2]
• Blackburn with Darwen Primary Care Trust became Blackburn with Darwen Teaching Care Trust Plus
• Abolition of East and North Hertfordshire and West Hertfordshire PCTs, and establishment of Hertfordshire PCT (SI 2010/798)
• Abolition of Bedfordshire and Luton Mental Health and Social Care NHS Trust (SI 2010/838)
• Establishment of the Young People's Learning Agency for England and dissolution of the Learning and Skills Council for England (Apprenticeships, Skills, Children and Learning Act 2009 and SI 2010/303)
• Abolition of the Postgraduate Medical Education and Training Board (SI 2010/234 and SI 2010/478)
• Establishment of several probation trusts by SI 2010/195
• Establishment of The Local Government Boundary Commission for England by Local Democracy, Economic Development and Construction Act 2009
• QCA became QCDA (Apprenticeships, Skills, Children and Learning Act 2009 and SI 2010/1151)

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)

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.

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
  • 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:
  • University Hospitals of Morecambe Bay NHS Foundation Trust[3]
• Changes of name of National Health Service trusts:
  • South Downs Health National Health Service Trust → Sussex Community National Health Service Trust (by SI 2010/2229)
  • Mayday Healthcare National Health Service Trust → Croydon Health Services National Health Service Trust (by SI 2010/2230)

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:
  • Buckinghamshire Hospitals National Health Service Trust → Buckinghamshire Healthcare National Health Service Trust (by SI 2010/2461)
• 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 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.

1st April 2011

• Scottish Parliamentary Commissions and Commissioners etc. Act 2010 comes into force - this makes the following new bodies subject to FOI(S)A:
  • 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
  • The Public Appointments Commissioner for Scotland

October 2011

• designations that were expected under section 5[4]:
  • Association of Chief Police Officers
  • Financial Ombudsman Service
  • Universities and Colleges Admissions Service
  • Academy Trusts

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.

• Public Appointments and Public Bodies etc. (Scotland) Act 2003 adds to FOISA Schedule I:
  • 62A The Commissioner for Public Appointments in Scotland
• 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:
  • The Horserace Betting Levy Board
  • The Horserace Totalisator Board (not on the main list)
• 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:
  • remove 62B The Convener of the Water Customer Consultation Panels
• 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.”

• 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.