Background
The Freedom of Information (FOI) Act 2000 received Royal Assent on 30 November 2000. The Act supersedes the Code of Practice on Access to Government Information 1997 (the Code of Practice).

Scope of the Act
The Act applies to all public authorities. Schedule 1 to the Act gives more details but the term 'public authorities' is defined very widely and it has been estimated that some 75,000 bodies are involved. Within MOD, only the Special Forces and any unit providing assistance to the Government Communications Headquarters are outside the scope of the Act.

Implementation
The Act has to be fully implemented across the public sector by 30 November 2005 and the Lord Chancellor (whose Department has lead responsibility for the Act) announced on 13 November 2001 how this will be achieved. For the Ministry of Defence the relevant parts of the implementation timetable are as follows:

• By November 2002 we brought into effect a Publication Scheme for MOD as a central government department, including all defence Non Departmental Public Bodies (NDPBs) subject to the Code of Practice.
• By June 2003 we brought into effect a Publication Scheme for the Armed Forces and the MOD Police.
• By February 2004 we implemented a Publication Scheme relating to NDPBs not subject to the Code of Practice.
• From January 2005 we are - along with all other public authorities - required to answer requests for information within the terms of the individual right of access (see below) given by the Act.

To see the recently released instruction to MOD staff on the implementation of FOI click on the following link: Defence Internal Brief on FOI  

Publication Schemes
The Act requires each public authority to adopt and maintain a Publication Scheme. The purpose of Publication Schemes is to specify the classes of information that the authority publishes or intends to publish; the form in which this is or will be done; and whether there is any charge for the information. Each scheme must be approved by the Information Commissioner (see below). Although the original timetable set different dates by which different parts of the MOD had to implement a Publication Scheme, we decided to create a single scheme that sets out the full range of information published across the whole of MOD, its agencies, trading funds, NDPBs as well as its military components.

Right to Information
The individual right of access applies to all types of recorded information held by public authorities regardless of the date of the information. The Act does, however, set out some exemptions to this right. It also places a number of obligations on public authorities about the way in which they provide information. Subject to the exemptions, anyone making a request must be informed whether the public authority holds the information and, if so, be supplied with it - generally within 20 working days. There is also a duty to provide advice or assistance to anyone seeking information (for example in order to explain what is readily available or to clarify what is wanted).

Information Commissioner
Responsibility for overseeing the operation of the Act rests with the Information Commissioner who is an independent public official responsible directly to Parliament. As well as approving Publication Schemes and promoting compliance with the Act, the Commissioner has powers of enforcement.