FOIA Section 5: Difference between revisions

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Section 5 of the [[Freedom of Information Act 2000]] provides for the designation of additional bodies as public authorities.
==What the law says==
==What the law says==



Revision as of 20:21, 2 December 2010

Section 5 of the Freedom of Information Act 2000 provides for the designation of additional bodies as public authorities.

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.

Relevant orders

No orders have been directly made under section 5

Companies Act delegation orders

Section 1252(3) of the Companies Act 2006 provides that:

A delegation order has the effect of making the body designated by the order designated under section 5 of the Freedom of Information Act 2000 (c. 36) (further powers to designate public authorities).

One such order has been made, SI 2008/496, delegating some functions to the Professional Oversight Board established under the articles of association of The Financial Reporting Council Limited.

ICO Lines To Take

Relevant Lines to Take

None