Appendix 3 S.I. 2004/1870: memorandum
from the Department for Constitutional Affairs
Freedom of Information (Additional Public Authorities)
(Amendment) Order 2004 (S.I. 2004/1870)
1. On 14th September, the Committee asked the Department
for Constitutional Affairs to submit a memorandum on the following
points:
(1) Given that this Order corrects an error in
S.I. 2004/938, have arrangements been made for copies to be made
available free of charge to purchasers of that instrument? If
not, why not? If so, why does this Order not bear an italic headnote
to that effect?
(2) Given that S.I. 2004/938 came into force
on 19th April 2004, and the insertion made by Article 2 of that
Order took effect on that date, explain how this Order has the
intended effect?
2. In relation to the first point, the Department
accepts that it overlooked the requirement for this Order to bear
an italic headnote stating that it is provided free of charge.
The Department will now take steps to rectify this by amending
the Order to bear an appropriate headnote and have it reprinted.
3. In relation to the second point, the purpose of
S.I. 2004/1870 was to clarify exactly where in Part II of Schedule
1 to the Freedom of Information Act 2000 ("the Act")
the insertion made by Article 2 of S.I. 2004/938 should appear,
i.e. to specify the "appropriate place" referred to
in the earlier Order. Article 2 added the reference to local sea
fisheries committees to "the appropriate place" in Part
II of Schedule 1. Part II is made up of paragraphs numbered 7
to 36. Paragraphs 7 to 35 are references to public authorities
in England and Wales, and paragraph 36 refers to a Northern Ireland
public authority; the "appropriate place" for the reference
to local sea fisheries committees is, therefore, in between paragraph
35 and 36. The purpose of S.I. 2004/1870 is to give this appropriate
place a numbered paragraph, which makes it clear to someone searching
for updates to the legislation to see precisely where the reference
to local sea fisheries committees was inserted.
16 September 2004
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