I'm not suggesting that people shouldn't work to 1st January deadline but merely clarifying exactly what the actual Act lays down as to its own commencement. People will see whether the early timetable can be kept to by checking the implementation reports I referred to.
Laurence
>>> "Turner,Tim (Corporate Resources)" <[log in to unmask]> 05/09/03 08:27:13 >>>
However, given the fact that Lord Irvine was so proud about the achievement
of getting the FOI Act delivered eleven months "early" in January 2005
(despite initial expectations that it would be phased in much earlier than
that), the Department for Constitutional Affairs would be in an egg / face
situation if they miss their own deadline. There's no logic in assuming they
won't hit January 1st, when the consequences of being wrong (and unprepared)
could be very embarrassing, and the consequences of being right just means
being ready eleven months early. It can't go beyond the end of 2005 anyway,
and I think working to January 1st 2005 is the safest bet.
> -----Original Message-----
> From: Laurence Bebbington [SMTP:[log in to unmask]]
> Sent: Thursday, September 04, 2003 4:55 PM
> To: [log in to unmask]
> Subject: Re: [data-protection] Relevant (paper) filing systems -
> Coming in to force date
>
> The Lord Chancellor has elected of his own accord to use his powers to
> bring the whole of the Act into force by 1st January 2005 although he is
> not obliged to do so. It remains to be seen if he manages it. The Act
> involves a complicated phasing in of provisions and good luck to him if he
> can do it ahead of the time the statute allows in s.87(3)..
>
> The implementaion reports are available at:
>
> http://www.lcd.gov.uk/foi/foiact.htm
>
> Laurence
>
>
> >>> "Turner,Tim (Corporate Resources)" <[log in to unmask]>
> 04/09/03 14:29:49 >>>
> This is definitely right - FOI comes completely into force on January 1
> 2005. Even given the five year time limit in the Act, that would still
> mean
> it being implemented before the end of 2005, but the former Lord
> Chancellor
> announced the timetable in November 2001, and January 1 2005 is the date
> for
> full implementation.
>
> Whatever the effect of FOI on the DP Act is, I think attempting to shrink
> the definition of "relevant filing system" to exclude easily accessible
> files, whatever labels they have on them is hardly within the spirit of
> the
> Act. While I'm reluctant to accept that we should be searching every last
> filing cabinet for scraps of paper with a name on them, I think if we can
> easily find data stored in a paper file, we should supply it, rather than
> thinking of excuses not to.
>
> > -----Original Message-----
> > From: Jim Whitaker [SMTP:[log in to unmask]]
> > Sent: Thursday, September 04, 2003 2:02 PM
> > To: [log in to unmask]
> > Subject: [data-protection] Relevant (paper) filing systems - Coming
> > into force date
> >
> > That advice is inconsistent with the information which I have understood
> > from several other sources and which is reflected on the Lord
> Chancellor's
> > Office website at: http://www.lcd.gov.uk/foi/imprep/annex_a.htm
> >
> > The relevant part says:
> >
> > "As stated above, provisions relating to the individual right of access
> > (which effectively means all provisions not already commenced or
> commenced
> > in full) will come into force on 1 January 2005.
> >
> > The Freedom of Information Act will thus be fully implemented by January
> > 2005, eleven months before the date set out in section 87(3) of the
> Act."
> >
> >
> > So unless this is corrected, I am still planning for 31st December 2004.
> >
> > Regards
> >
> > Jim Whitaker
> >
> > ==============================================================
> >
> >
> > On Thu, 4 Sep 2003 13:07:15 +0100, Helena Ashton <helena_ashton@BRISTOL-
> > CITY.GOV.UK> wrote:
> >
> > >Advice from the ICOs office was that the amendment to the DPA contained
> > in s69(2) of the FOI Act does not come into effect until January 2006.
> As
> > far as I can see s69 is not mentioned in "commencement" s87, so as
> > Laurence suggested I would assume that this will be included in a
> > presentation to parliament but that the ICOs office have been advised in
> > advance.
> > >
> >
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