FOIA Section 5: Difference between revisions

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(Amendments from SI 2003/1887)
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==What the law says==
==What the law says==
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5. Further power to designate public authorities.
5. Further power to designate public authorities.


:(1) The Lord Chancellor may by order designate as a public authority for the purposes of this Act any person who is neither listed in Schedule 1 nor capable of being added to that Schedule by an order under section 4(1), but who—
:(1) The Secretary of State may by order designate as a public authority for the purposes of this Act any person who is neither listed in Schedule 1 nor capable of being added to that Schedule by an order under section 4(1), but who—
::(a) appears to the Secretary of State to exercise functions of a public nature, or
::(a) appears to the Secretary of State to exercise functions of a public nature, or
::(b) is providing under a contract made with a public authority any service whose provision is a function of that authority.
::(b) is providing under a contract made with a public authority any service whose provision is a function of that authority.
:(2) An order under this section may designate a specified person or office or persons or offices falling within a specified description.
:(2) An order under this section may designate a specified person or office or persons or offices falling within a specified description.
:(3) Before making an order under this section, the Lord Chancellor shall consult every person to whom the order relates, or persons appearing to him to represent such persons.
:(3) Before making an order under this section, the Secretary of State shall consult every person to whom the order relates, or persons appearing to him to represent such persons.
:(4) This section has effect subject to section 80.
:(4) This section has effect subject to section 80.



Revision as of 20:01, 2 December 2010

What the law says

5. Further power to designate public authorities.

(1) The Secretary of State may by order designate as a public authority for the purposes of this Act any person who is neither listed in Schedule 1 nor capable of being added to that Schedule by an order under section 4(1), but who—
(a) appears to the Secretary of State to exercise functions of a public nature, or
(b) is providing under a contract made with a public authority any service whose provision is a function of that authority.
(2) An order under this section may designate a specified person or office or persons or offices falling within a specified description.
(3) Before making an order under this section, the Secretary of State shall consult every person to whom the order relates, or persons appearing to him to represent such persons.
(4) This section has effect subject to section 80.


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