On 16 July 2009, the Government published their response to the consultation on extending the scope of the Freedom of Information Act 2000 (FOIA) to cover additional bodies by way of a section 5 order. The Government response proposed an initial, focused section 5 order and noted their intention to consult Academies, ACPO, Financial Ombudsman Service and UCAS on their possible inclusion in such an order.
The Government made clear that this was an initial step and further consideration would be given to how other bodies, for example, Network Rail might also be brought within the scope of the freedom of information regime. In certain cases, it may be more appropriate to use primary legislation rather than a section 5 order.