Appendix
6
S.I. 2010/1042:
memorandum from the Department for Transport
Traffic Signs (Amendment) Regulations and General
Directions 2011 (SI 2011/1040)
1. By a letter dated 11 May 2011, the Committee
sought a memorandum on the following point:
Paragraph 7.3 of the Explanatory Memorandum accompanying
this instrument indicates that one of the bodies covered by it
has not yet ceased to exist. Identify the body and explain the
means by which it comes or is expected to come within the scope
of the power to make this Order
2. The Ministry of Justice's response to the
Committee's query is set out below.
3. Paragraph 7.3 of the Explanatory Memorandum
says: "The Freedom of Information (Removal of References
to Public Authorities) Order 2011 removes 14 public bodies from
the scope of the Act. All but one of those bodies have already
ceased to exist, so there will be no practical reduction in the
scope of the Act."
4. The body that the Committee refers to is the
Office of Government Commerce ('OGC'), a reference to which was
inserted into Part 6 of Schedule 1 to the Freedom of Information
Act 2000 ('FOIA') by the Freedom of Information (Additional Public
Authorities) Order 2003 (SI 2003/1882).
5. Following an announcement on Tuesday 15 June
2010, OGC became part of the new Efficiency and Reform Group ('ERG')
within the Cabinet Office, and ceased to exist as a body. The
Secretary of State therefore had power under section 4(5)(a) of
FOIA to remove OGC from Part 6 of Schedule 1. The Cabinet Office
is subject to FOIA by virtue of paragraph 1 of Part 1 of Schedule
1 to FOIA ("any government department").
6. The reference in paragraph 7.3 in the Explanatory
Memorandum was intended to indicate that although OGC had ceased
to exist as a body, its work will continue to be carried out by
ERG within the Cabinet Office. We accept that this paragraph could
have been drafted more clearly, and we apologise to the Committee
for the confusion that has arisen.
Ministry of Justice
16 May 2011
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