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

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.

• DH press release

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/

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

15th April 2011

• Change of name of a primary care trust:
  • Solihull Care Trust → Solihull Primary Care Trust (by SI 2011/1084)

18th April 2011

• SSI 2011/113 amends FOISA Schedule 1:
  • 62ZZZA Children’s Hearings Scotland (added by SSI 2011/113)

13th May 2011

• SI 2011/1185 renames East Sussex Hospitals National Health Service Trust → East Sussex Healthcare National Health Service Trust

31st May 2011

• SI 2011/1276 renames Ashton, Leigh and Wigan Community Healthcare National Health Service Trust → Bridgewater Community Healthcare National Health Service Trust

1st July 2011

• Dissolution of Castle College, Nottingham (a further education corporation) by SI 2011/1432.
• Establishment of Shropshire Community Health National Health Service Trust by SI 2011/1519
• Dissolution of Worcestershire Mental Health Partnership National Health Service trust and establishment of Worcestershire Health and Care National Health Service Trust (both NHS trusts) by SI 2011/1520
• Dissolution of the North Somerset (2005) Internal Drainage Board and the West Mendip Internal Drainage Board and establishment of the North Somerset Levels Internal Drainage Board by SI 2011/1662.

13th July 2011

• Horserace Betting and Olympic Lottery Act 2004 abolishes the Horserace Totalisator Board and amends FOIA Schedule 1 Part VI appropriately (SI 2011/1703 and SI 2011/1704).

31st July 2011

• Dissolution of St Mary’s College, Middlesbrough (a Further Education College) by SI 2011/1038^{({{#formlink:form=Legislation|link text=add|query string=Legislation[Type]=uksi&Legislation[Year]=2011&Legislation[Number]=1038}})}.

1st August 2011

• Dissolution of Orpington College (a further education corporation) by SI 2011/1496.
• Dissolution of Barry College Further Education Corporation and Coleg Glan Hafren Further Education Corporation (both further education corporations) by SI 2011/1504.
• Dissolution of Joseph Priestley College (a further education corporation) by SI 2011/1675.
• Conversion of Leeds College of Art from a further education corporation to a higher education corporation by SI 2011/1676.
• Dissolution of Leeds College of Music (a higher education corporation) by SI 2011/1677. Its assets pass to a company also called Leeds College of Music (07596410), which is a wholly-owned subsidiary of Leeds City College.

2nd August 2011

• Winding up of Edinburgh College of Art by SSI 2011/54.

15th August 2011

• Public Services Reform (Scotland) Act 2010 abolishes Waterwatch Scotland and makes an appropriate amendment to FOISA Schedule 1:
  • 62B The Convener of the Water Customer Consultation Panels (appointed under paragraph 5(1) of schedule 1 to the Water Industry (Scotland) Act 2002 (asp 3)) and those Panels (added by Water Services etc. (Scotland) Act 2005; removed by Public Services Reform (Scotland) Act 2010 and SSI 2011/278)

1st September 2011

• Establishment of Staffordshire and Stoke on Trent Partnership National Health Service Trust (a National Health Service trust) by SI 2011/2007.

1st October 2011

• Amendments to FOIA Schedule 1 Part VI:
  • The adjudicators appointed under section 25 of the School Standards and Framework Act 1998 (added by SI 2011/1041)
  • The Advisory Committee on Clinical Excellence Awards (added by SI 2011/1041)
  • The Advisory Committee on Distinction Awards (removed by SI 2011/1042)
  • An assessor appointed for the purposes of section 133 of the Criminal Justice Act 1988 in its application to England and Wales (added by SI 2011/1041)
  • The Chemical Weapons Convention National Authority Advisory Committee (added by SI 2004/938; removed by SI 2011/1042)
  • The Chief Inspector of the UK Border Agency (added by SI 2011/1041)
  • The Commissioner for Victims and Witnesses (added by SI 2011/1041)
  • The Committee for Monitoring Agreements on Tobacco Advertising and Sponsorship (removed by SI 2011/1042)
  • The Committee on the Safety of Medicines (removed by SI 2011/1042)
  • The Council for the Central Laboratory of the Research Councils (removed by SI 2011/1042)
  • Equality 2025 (added by SI 2011/1041)
  • The Genetic Testing and Insurance Committee (removed by SI 2011/1042)
  • Her Majesty’s Chief Inspector of Prisons (added by SI 2011/1041)
  • Her Majesty’s Inspectorate of Probation for England and Wales (added by SI 2011/1041)
  • The Independent Safeguarding Authority (added by SI 2011/1041)
  • The Migration Advisory Committee (added by SI 2011/1041)
  • The National DNA Database Ethics Group (added by SI 2011/1041)
  • The National Employment Savings Trust Corporation (added by SI 2011/1041)
  • The NHS Pay Review Body (added by SI 2011/1041)
  • The Office of Government Commerce (added by SI 2003/1882; removed by SI 2011/1042)
  • The Olympic Park Legacy Company (added by SI 2011/1041)
  • The Particle Physics and Astronomy Research Council (removed by SI 2011/1042)
  • The Personal Accounts Delivery Authority (added by SI 2010/937; removed by SI 2011/1042)
  • The Post Office (removed by Postal Services Act 2011 and SI 2011/2329)
  • The Prisons and Probation Ombudsman for England and Wales (added by SI 2011/1041)
  • The Renewables Advisory Board (added by SI 2004/938; removed by SI 2011/1042)
  • The Review Body for Nursing Staff, Midwives, Health Visitors and Professions Allied to Medicine (removed by SI 2011/1042)
  • The Science and Technology Facilities Council (added by SI 2011/1041)
  • The Technology Strategy Board (added by SI 2011/1041)
  • The Tribunal Procedure Committee (added by SI 2011/1041)
  • The United Kingdom Xenotransplantation Interim Regulatory Authority (removed by SI 2011/1042)
• Amendments to FOIA Schedule 1 Part VII:
  • The Law Reform Advisory Committee for Northern Ireland (removed by SI 2011/1042)
  • The Legal Aid Advisory Committee (Northern Ireland) (removed by SI 2011/1042)
  • The Prisoner Ombudsman for Northern Ireland (added by SI 2011/1041)
  • The Royal Ulster Constabulary George Cross Foundation (added by SI 2011/1041)
• Change of name of Buying Solutions to Government Procurement Service (a trading fund) by SI 2011/2208.
• abolition of the the Postal Services Commission by Postal Services Act 2011, commenced by SI 2011/2329.

31st October 2011

• Establishment of the NHS Commissioning Board Authority (a special health authority) by SI 2011/2237.

1st November 2011

• SI 2011/2598 designated under section 5:
  • Association of Chief Police Officers, in respect of information relating to the exercise of these functions:
    • The provision of leadership to the Police Service of England, Wales and Northern Ireland.
    • The provision of contributions to the development and improvement of the Police Service of England, Wales and Northern Ireland.
    • The provision of a professional view on policing matters.
    • The co-ordination of the strategic policing response, in times of national need, on behalf of all chief police officers.
    • The promotion and development of high standards of professional knowledge and performance amongst its members.
    • The provision of member services.
    • The promotion of the Association.
  • Financial Ombudsman Service, in respect of information relating to the exercise of this function:
    • The administration of an ombudsman scheme in accordance with Part 16 of, and Schedule 17 to, the Financial Services and Markets Act 2000(5).
  • Universities and Colleges Admissions Service in respect of information relating to the exercise of this function:
    • The provision and maintenance of a central applications and admissions service in relation to:
      • an institution listed in paragraphs 53(1)(a) to (e) and 55(1)(a) and (b) of Part 4 of Schedule 1 to the Freedom of Information Act 2000;
      • an institution listed in Part 5 of Schedule 1 to the Freedom of Information (Scotland) Act 2002;
      • the College of Agriculture, Food and Rural Enterprise.
• Change of name of the Oxford Radcliffe Hospitals National Health Service Trust (an NHS trust) to Oxford University Hospitals National Health Service Trust by SI 2011/2397
• Dissolution of the Nuffield Orthopaedic Centre National Health Service Trust (an NHS trust) by SI 2011/2420
• Dissolution of Southgate College (a further education corporation) by SI 2011/2455
• Sports Grounds Safety Authority Act 2011 amends FOIA Schedule 1 Part VI:
  • The Football Licensing Authority (removed by Sports Grounds Safety Authority Act 2011 and SI 2011/2597)
  • The Sports Grounds Safety Authority (added by Sports Grounds Safety Authority Act 2011 and SI 2011/2597)

3 November 2011

The Information Tribunal ruled that the Duchy of Cornwall is subject to the Environmental Information Regulations (Bruton v ICO)

1st December 2011

• Establishment of the Health Research Authority (a special health authority) by SI 2011/2323.
• Cirecenster Tertiary College becomes a sixth form college corporation by virtue of SI 2011/2487.

30th December 2011

• The Central Office of Information ceases being a trading fund (SI 2011/2884)

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)

1st January 2012

• Dissolution of Suffolk Mental Health Partnership National Health Service Trust by SI 2011/2961
• Change of name of Norfolk and Waveney Mental Health NHS Foundation Trust to Norfolk and Suffolk NHS Foundation Trust (having taken on the role of SMHP abolished above).

4th January 2012

• Incorporation of the South Gloucestershire and Stroud College (a further education corporation) by SI 2011/2974.

9th January 2012

• Dissolution of Winchester and Eastleigh Healthcare National Health Service Trust by SI 2011/2959 (becoming part of Basingstoke and North Hampshire NHSFT, to be called Hampshire Hospitals NHS Foundation Trust[1].

15th January 2012

• Localism Act 2011 adds to FOIA Schedule 1 Part II:
  • 35D - A Mayoral development corporation established under section 198 of the Localism Act 2011 (added by Localism Act 2011)

16th January 2012

• Police Reform and Social Responsibility Act 2011 amends:
  • FOIA Schedule 1 Part V:
    • 58 - The Metropolitan Police Authority established under section 5B of the Police Act 1996 (removed by Police Reform and Social Responsibility Act 2011 and SI 2011/3019)
    • 58 - The Mayor’s Office for Policing and Crime (added by Police Reform and Social Responsibility Act 2011 and SI 2011/3019)
  • FOIA Schedule 1 Part VI:
    • The chief inspector of constabulary appointed under section 54(1) of the Police Act 1996 (added by Police Reform and Social Responsibility Act 2011 and SI 2011/3019)

21st January 2012

• Commission for Architecture and the Built Environment dissolved by SI 2012/147

1st February 2012

• Dissolution of Filton College and Stroud College by SI 2012/52 (successor is South Gloucestershire and Stroud College)
• Abolition of the School Support Staff Negotiating Body by Education Act 2011 and SI 2012/84.

8th February 2012

• HMP Lancaster Castle closed by SI 2012/50, thus abolishing HMP Lancaster Castle IMB.

1st March 2012

• Authorisation of two NHS foundation trusts:
  • Great Ormond Street Hospital for Children National Health Service Trust → Great Ormond Street Hospital for Children NHS Foundation Trust
  • South Central Ambulance Service National Health Service Trust → South Central Ambulance Service NHS Foundation Trust

9th March 2012

• Establishment of London Legacy Development Corporation (not on the main list) (a Mayoral development corporation) by SI 2012/310

31st March 2012

• Assets and liabilities of Thurrock Development Corporation (an urban development corporation) transferred to Thurrock Borough Council by SI 2012/534. The UDC is expected to be wound up in October.
• Localism Act 2011 amends FOIA Schedule 1 Part II:
  • 35 - The London Development Agency (removed by Localism Act 2011 and SI 2012/628)
• Localism Act 2011 amends FOIA Schedule 1 Part VI:
  • Any regional development agency established under the Regional Development Agencies Act 1998, other than the London Development Agency (amended by Localism Act 2011 and SI 2012/628)

1st April 2012

• Crofting Reform (Scotland) Act 2010 and SSI 2011/334 rename the Crofters Commission to the Crofting Commission and deem the reference to the Crofters Commission in FOISA Schedule I to refer to it.
• 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 and SI 2011/2576)
  • 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
• The Central Office of Information should have been abolished.
• Local Better Regulation Office abolished and removed from FOIA Schedule 1 Part VI:
  • The Local Better Regulation Office (added by Regulatory Enforcement and Sanctions Act 2008; removed by SI 2012/246)
• Office for Tenants and Social Landlords abolished and removed from FOIA Schedule 1 Part VI:
  • The Office for Tenants and Social Landlords (added by Housing and Regeneration Act 2008; removed by Localism Act 2011 and SI 2012/628)
• Infrastructure Planning Commission abolished and removed from FOIA Schedule 1 Part VI:
  • The Infrastructure Planning Commission (added by Planning Act 2008; removed by Localism Act 2011 and SI 2012/628)
• Standards for England abolished and removed from FOIA Schedule 1 Part VI:
  • The Standards Board for England (removed by Localism Act 2011 and SI 2012/628)
• HM Prison Latchmere House closed by SI 2012/618, hence eliminating its IMB.
• Changes to National Health Service trusts:
  • Isle of Wight established by SI 2012/786
  • Torbay and Southern Devon Health and Care established by SI 2012/788
  • Barts Health established and Barts and The London, Newham University Hospital, and Whipps Cross University Hospital abolished by SI 2012/796
  • Trafford Healthcare abolished by SI 2012/803
• NESTA abolished and removed from FOIA Schedule 1 Part VI:
  • The National Endowment for Science, Technology and the Arts (removed by SI 2012/964)
• Royal Free Hampstead National Health Service Trust → Royal Free London NHS Foundation Trust
• Clatterbridge Centre for Oncology NHS Foundation Trust → The Clatterbridge Cancer Centre NHS Foundation Trust
• More removals from FOIA Schedule 1 Part VI:
  • The Teacher Training Agency (removed by Education Act 2005 and again by Education Act 2011 and SI 2012/924)
  • The Training and Development Agency for Schools (added by Education Act 2005; removed by Education Act 2011 and SI 2012/924)
  • The Qualifications and Curriculum Development Agency (amended by Apprenticeships, Skills, Children and Learning Act 2009 and SI 2010/1151; removed by Education Act 2011 and SI 2012/924)
  • The Young People's Learning Agency for England (added by SI 2010/1080; removed by Education Act 2011 and SI 2012/924)
• Changes to internal drainage boards:
  • SI 2012/1026 abolishes Went Internal Drainage Board, Knottingley to Gowdall Internal Drainage Board, Dearne and Dove Internal Drainage Board, and Dun Drainage Commissioners and establishes Danvm Drainage Commissioners.
  • SI 2012/1027 abolishes Armthorpe Internal Drainage Board, Ashfields and West Moor Internal Drainage Board, Corporation of the Level of Hatfield Chase Internal Drainage Board, Finningley Internal Drainage Board, Potteric Carr Internal Drainage Board, Tickhill Drainage Board, and Tween Bridge Internal Drainage Board and establishes Doncaster East Internal Drainage Board.
  • SI 2012/1029 abolishes Commissioners of the Nene Wash Lands and North Level District Internal Drainage Board and establishes North Level District (2010) Internal Drainage Board.
  • SI 2012/1031 abolishes Cod Beck Internal Drainage Board, Lower Swale Internal Drainage Board, River Wiske Internal Drainage Board, Bedale and Upper Swale Internal Drainage Board, and Claro Internal Drainage Board and establishes Swale & Ure Drainage Board.
  • SI 2012/1032 abolishes Fairham Brook Internal Drainage Board, Kingston Brook Internal Drainage Board, Laneham Internal Drainage Board, and Newark Area Internal Drainage Board and establishes Trent Valley Internal Drainage Board

1st June 2012

• Establishment of National Health Service Trust Development Authority (not on the main list) (a special health authority) by SI 2012/901

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:
  • The Horserace Betting Levy Board
• 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)
• 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.
• 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.
• 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
• Justice Act (Northern Ireland) 2011 amends FOIA Schedule 1 Part VII:
  • A district policing partnership (removed by Justice Act (Northern Ireland) 2011)
  • A policing and community safety partnership or a district policing and community safety partnership established under Part 3 of the Justice Act (Northern Ireland) 2011 (added by Justice Act (Northern Ireland) 2011)
  • A sub-group established under section 21 of the Police (Northern Ireland) Act 2000 (added by Police (Northern Ireland) Act 2003; removed by Justice Act (Northern Ireland) 2011)
• Police Reform and Social Responsibility Act 2011 amends:
  • FOIA Schedule 1 Part V:
    • 57 - A police authority established under section 3 of the Police Act 1996 (removed by Police Reform and Social Responsibility Act 2011)
    • 57 - A police and crime commissioner (added by Police Reform and Social Responsibility Act 2011)
• Education Act 2011 amends FOIA Schedule 1 Part VI:
  • The General Teaching Council for England (added by SI 2003/1882; removed by Education Act 2011) [sch1 para25]
• Public Bodies Act 2011 abolishes all of the regional development agencies apart from the London Development Agency and amends FOIA Schedule 1 Part VI:
  • Any regional development agency established under the Regional Development Agencies Act 1998, other than the London Development Agency (amended by Public Bodies Act 2011)
• Health and Social Care Act 2012:
  • Amends FOIA Schedule 1 Part II [s189]:
    • 35E - A Local Healthwatch organisation, in respect of information held in connection with—

      (a) arrangements made under section 221(1) of the Local Government and Public Involvement in Health Act 2007, or

      (b) arrangements made in pursuance of arrangements made under section 221(1) of that Act. (added by Health and Social Care Act 2012)

  • Amends FOIA Schedule 1 Part III:
    • 36A - A Strategic Health Authority established under section 13 of the National Health Service Act 2006 (amended by National Health Service (Consequential Provisions) Act 2006; removed by Health and Social Care Act 2012) [sch5 para99]
    • 37A - The National Health Service Commissioning Board (not on the main list) (added by Health and Social Care Act 2012) [sch5 para99]
    • 37B - A clinical commissioning group established under section 14D of the National Health Service Act 2006 [sch5 para99]
    • 39 - A primary care trust established under section 18 of the National Health Service Act 2006 (amended by National Health Service (Consequential Provisions) Act 2006; removed by Health and Social Care Act 2012) [sch5 para99]
    • 40 - A National Health Service trust established under section 25 of the National Health Service Act 2006 or section 18 of the National Health Service (Wales) Act 2006 (amended by National Health Service (Consequential Provisions) Act 2006) [sch14 para 81]
  • Amends FOIA Schedule 1 Part VI:
    • The Alcohol Education and Research Council (removed by Health and Social Care Act 2012) [sch20 para1]
    • The Appointments Commission (added by Health Act 2006; removed by Health and Social Care Act 2012) [sch20 para5]
    • The Council for Healthcare Regulatory Excellence (was "The Council for the Regulation of Health Care Professionals", changed by Health and Social Care Act 2008 and SI 2008/3244; removed by Health and Social Care Act 2012)
    • The General Social Care Council (removed by Health and Social Care Act 2012) [sch15 para50]
    • The Health and Care Professions Council (not on the main list) (added by Health and Social Care Act 2012) [sch15 para56]
    • The Health and Social Care Information Centre (not on the main list) (added by Health and Social Care Act 2012) [sch19 para8]
    • The Health Professions Council (removed by Health and Social Care Act 2012) [sch15 para56]
    • The Health Protection Agency (added by Health Protection Agency Act 2004; removed by Health and Social Care Act 2012) [sch7 para10]
    • The Independent Regulator of NHS Foundation Trusts (added by SI 2005/3593; removed by Health and Social Care Act 2012) [sch13 para7]
    • Monitor (added by Health and Social Care Act 2012) [sch13 para7]
    • The Office of the Health Professions Adjudicator (added by Health and Social Care Act 2008 and SI 2010/23; removed by Health and Social Care Act 2012) [sch15 para71]
    • The National Information Governance Board for Health and Social Care (added by Health and Social Care Act 2008; removed by Health and Social Care Act 2012) [sch20 para9]
    • The National Institute for Health and Care Excellence (not on the main list) (added by Health and Social Care Act 2012) [sch17 para8]