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The Freedom of Information Act 2000 (Amendment) (EU Exit) Regulations 2018

S.I. 2018/1353 · Made 13 December 2018

Original text. legislation.gov.uk does not revise statutory instruments, so later amendments are not shown here. Changes made to it are listed under each provision when known.

Exiting The European Union

Freedom Of Information

Sift requirements satisfied 5th September 2018

Made 13th December 2018

Laid before Parliament 13th December 2018

Coming into force in accordance with regulation 1

The Minister for the Cabinet Office, in exercise of the powers conferred by section 8(1) of the European Union (Withdrawal) Act 2018f1, makes the following Regulations.

The requirements of paragraph 3(2) of Schedule 7 to that Act (relating to the appropriate Parliamentary procedure for these Regulations) have been satisfied.

Annotations to the whole text

Footnotes

f1

2018 c. 16.

Contents

  1. 1Citation and commencement
  2. 2Amendment of the Freedom of Information Act 2000
  3. Signature
  4. Explanatory note

1Citation and commencement

These Regulations may be cited as the Freedom of Information Act 2000 (Amendment) (EU Exit) Regulations 2018 and come into force on exit dayf1.

2Amendment of the Freedom of Information Act 2000

In section 44(1)(b) of the Freedom of Information Act 2000f1 (prohibitions on disclosure), for “EU obligation” substitute “retained EU obligation”.

Signature

Chloe Smith

Parliamentary Secretary

Cabinet Office

13th December 2018

Explanatory note

(This note is not part of the Regulations)

These Regulations are made in exercise of the powers conferred by section 8(1) of the European Union (Withdrawal) Act 2018 (c. 16) in order to address a failure of retained EU law to operate effectively and other deficiencies (in particular under paragraphs (a) and (g) of section 8(2) of that Act) arising from the withdrawal of the United Kingdom from the European Union.

Section 44(1)(b) of the Freedom of Information Act 2000 (c. 36) provides an absolute exemption to disclosure of information under section 1 of that Act where such disclosure would be “incompatible with any EU obligation”. Regulation 2 amends section 44(1)(b) to substitute the term “retained EU obligation” for “EU obligation”.

An impact assessment has not been produced for this instrument as no, or no significant, impact on the private, voluntary or public sectors is foreseen.