On 16 July 2009, the Government published the response to its consultation on extending the Freedom of Information Act by means of a section 5 order. Academy schools were one of four bodies proposed for inclusion in this first section 5 order. These bodies are currently being consulted about their possible inclusion in a section 5 order and their responses will be taken into account in reaching a final decision on whether to designate them as public authorities under the Act.
Subject to the outcome of this consultation, the Government aim to bring forward a section 5 order early in the 2009-10 session.