Codes of Practice

The Freedom of Information Act provides for the Lord Chancellor to issue two Codes of Practice.

The Code of Practice issued under section 45 sets out the practices to be followed by authorities when dealing with requests for information. Much of the code was not applicable until January 2005, when the Act’s general right of access provisions came into force, but issuing the code early enabled public authorities to see what was expected of them and to develop internal guidance and training material accordingly. This code is available on the Lord Chancellor's Department website http://www.lcd.gov.uk/foi/codepafunc.htm.

The Code of Practice issued under section 46 sets out good practice in records management to all authorities subject to the Freedom of Information Act. The Code became generally applicable in January 2005 but issuing it early enabled authorities to see what was expected of them and develop their records management accordingly.

The Records Management Code http://www.dca.gov.uk/foi/codesprac.htm is on this website.

A Model Action Plan to help authorities prepare for implementation of the Freedom of Information Act is also available.
http://www.dca.gov.uk/foi/map/modactplan.htm

Who is covered by the FOI Act?

The legislation covers a wide range of public sector bodies - Government departments, non-departmental public bodies, the armed forces, the National Health Service, local government, the police, colleges and universities, schools. It also includes a number of other public bodies that do not fall within these categories. Some private sector organisations are included, insofar as they undertake public sector functions; a full list is in Schedule I of the Act http://www.legislation.hmso.gov.uk/acts/acts2000/20000036.htm.

Does it cover the whole of the UK?

The Act applies to England and Wales, to Northern Ireland, and to information held by UK wide authorities listed in schedule I. It applies to authorities in Scotland only when they are exercising UK-wide functions.

When will the FOI Act apply?

Implementation of the Act is being divided into two phases:

• the first phase is a rolling programme to introduce publication schemes. This started with central government in November 2002, moving on to other types of public authorities every few months, concluding in June 2004 with those not already covered.
• the second phase brings the rights of access and associated provisions, which will be in January 2005.