Letter to say more organisations should be covered by the Act/Appendix I

From FOIwiki
Revision as of 19:19, 5 July 2009 by John Cross (talk | contribs)
Jump to navigationJump to search

An Appendix to this letter: Letter_to_say_more_organisations_should_be_covered_by_the_Act

get ideas from here: Organisations_and_officials_with_public_responsibilities_that_are_not_subject_to_the_Freedom_of_Information_Act



Contents

Communications, Media and Entertainment

  • Advertising Standards Authority===
  • British Board of Film Classification (BBFC)
  • Casino Advisory Panel


PhonepayPlus Limited

previously called ICSTIS[1]


"Under the Communications Act 2003, Ofcom has responsibility for the regulation of premium rate services. In December 2007 it was confirmed that PhonepayPlus will act as the agency which carries out the day-to-day regulation of the PRS market on Ofcom's behalf."[2]

Press Complaints Commission

"The Press Complaints Commission is an independent body which deals with complaints from members of the public about the editorial content of newspapers and magazines."

Democracy

Electoral Registration Officers

"The Freedom of Information Act 2000 does not list any person appointed under the Representation of the People Act 1983. The Electoral Registration Officer, Returning Officer or any other person appointed under the Act are not subject to the provisions of the Freedom of Information Act."[3]

Returning Officers

See Electoral Registration Officers.


Education

Academies

"Academies are all-ability, state-funded schools established and managed by sponsors from a wide range of backgrounds" (according to the DCSF)

Exam Boards

Bodies that set and regulate exams, such as SATs, GCSEs and 'A'-levels.

e.g. "The Assessment and Qualifications Alliance (AQA) is the largest of the three English exam boards, awarding 49% of full course GCSEs and 42% of A-levels nationally. In total, students take over 3.5 million exams with us each year. "[4]

An Exam Board that is a wholly owned subsidiaries of a university is subject to the Act.

Higher Education Statistics Agency (HESA)

Office of the Independent Adjudicator (OIA)

The Higher Education Act 2004 provides for the appointment of a designated operator of a student complaints scheme in England and Wales. The OIA is the designated operator of the Scheme with effect from 1 January 2005.


School Food Trust

"The School Food Trust was established by the Department for Education and Skills in September 2005. Its remit is to transform school food and food skills, promote the education and health of children and young people and improve the quality of food in schools." [5]

UCAS

Energy

Capita Gas Registration and Ancillary Services Limited

"Gas Safe Register is run by Capita Gas Registration and Ancillary Services Limited"[14]

"Gas Safe Register is the official gas registration body for Great Britain (GB)..., appointed by the Health and Safety Executive (HSE) for Great Britain..."[6]

National Grid plc

"National Grid owns the high-voltage electricity transmission network in England and Wales and operates the system across Great Britain. It also owns and operates the high pressure gas transmission system in Britain and its distribution business delivers gas to 11 million homes and businesses." [7]

Environment and land management

Regional Climate Change Partnerships

The Freedom of Information Act does not apply to regional climate change partnerships [8], created as a result of the Climate Change Act 2008.

Dartmoor Commoners' Council

Health

Independent Sector Treatment Centres

Private sub-contractors carrying out treatment for NHS patients.

http://www.dh.gov.uk/en/Healthcare/Primarycare/Treatmentcentres/index.htm

Local Medical Committees

Statutory body representing GPs

Royal College of Physicians

The RCP publish Clinical guidelines that 'are "systematically developed statements to assist practitioner and patient decisions about appropriate health care for specific clinical circumstances".'

http://www.rcplondon.ac.uk/college/ceeu/search/

Heritage

Churches Conservation Trust

Included in Whole of Government Accounts. "its sponsor, the Department for Culture, Media and Sport, expect it to perform as one in relation to the [Freedom of Information] Act, and it is the Trust’s intention to do so."[9]


Railway Heritage Committee

"The Railway Heritage Committee is a statutory body operating under the authority of the Railway Heritage Act 1996 as amended by the Railways Act 2005. It has the function of 'designating' records and artefacts still within the ownership of the post-British Rail (BR) industry which are historically significant and should be permanently preserved." [10]

Housing

Housing Associations

Housing Associations (also called Registered Social Landlords) are not subject to FOI (in theory one could be if it was wholly owned by a local authority).

Finance

Financial Services Compensation Scheme Limited

Appears not to be subject to the Act.[11]

"The Financial Services Compensation Scheme (FSCS) is the UK's statutory fund of last resort for customers of authorised financial services firms. This means that FSCS can pay compensation if a firm is unable, or likely to be unable, to pay claims against it. FSCS is an independent body, set up under the Financial Services and Markets Act 2000 (FSMA)."

Financial Ombudsman Service

Appears not be subject to the Act[12]

The service is funded by levies and case fees which businesses we cover have to pay by law. Consumers do not pay to bring a complaint to the ombudsman. And we receive no government funding. They have statutory powers under the Financial Services and Markets Act 2000 and Consumer and Credit Act 2006.

http://www.financial-ombudsman.org.uk/faq/answers/research_a5.html

Financial Reporting Council

"The Financial Reporting Council is the UK’s independent regulator responsible for promoting confidence in corporate governance and reporting. We promote high standards of corporate governance through the Combined Code,..." [13]

Publicly Owned Banks

including:

  • Bradford & Bingley plc
  • Northern Rock plc

Policing and public safety

Association of Chief Police Officers (ACPO)

Local Safeguarding Children Boards

"Children can only be safeguarded properly if the key agencies work effectively together. Local Safeguarding Children Boards (LSCBs) are designed to help ensure that this happens. They put the former area child protection committees (ACPCs) on a statutory footing." [14]

Regional Fire Control Companies

"The FiReControl project will provide an integrated and modern network of nine Regional Control Centres (RCCs). They will be able to receive calls and mobilise resources across the country."

Speed Camera Partnerships

Law and justice

Inquiries (non-judicial)

"...in relation to the records of inquiries held under this Act, the general exemptions for the records of statutory inquiries in the Freedom of Information Act 2000 and the Freedom of Information (Scotland) Act 2002 ("the FOI Acts") will not apply. During the course of an inquiry held under the Inquiries Act, that inquiry is not a public authority for the purposes of those Acts. However, once an inquiry is over, its records are generally held by a public authority, such as a Government Department or the National Archives"

[15]

Legal Complaints Service (LCS)

"The Legal Complaints Service (LCS) is an independent complaints handling body. We are part of the Law Society, but operate independently."[16]

Magistrates' Association

"Promotes uniformity of practice"

because about 80% of Magistrates are members the guidance the organisation gives has a significant impact on the administration of justice.

about page for Magistrates' Association

Local Government

Improvement and Development Agency for local government (IDeA)

"The Improvement and Development Agency (IDeA) is not subject to the provisions of either the Environmental Information Regulations or the Freedom of Information Act (FoI), but they comply with requests made under the legislation as if they were."

http://www.theyworkforyou.com/wrans/?id=2008-06-02f.207526.h

Parliamentary corporations and pension schemes

All Party Groups

"All-Party Groups (APGs)[17] are informal cross-party groups that have no official status within Parliament. They are essentially run by and for Members of the Commons and Lords and do not receive funding or administrative support from the House of Commons ... All-Party groups are not subject to the provisions of the Freedom of Information Act."[18]

Corporate Officer of the House of Commons

The corporate officer is a corporation sole.

Corporate Officer of the House of Lords

The corporate officer is a corporation sole.

Trustees of Parliamentary Contributory Pensions Fund

[19]

Trustees of House of Commons Pension Scheme

Transport and navigation

Air Travel Trust

Included in "Whole of Government Accounts". The purpose of the Air Travel Trust is to manage and apply the Trust Fund for the benefit of customers of failed tour operators. [21]


Independent Penalty Fares Appeals Service (IPFAS), The

"4.39 Every penalty fares scheme which has so far been approved has arranged for appeals to be dealt with by the Independent Penalty Fares Appeals Service (IPFAS), in line with the IPFAS code of practice. We have approved this code of practice for the purposes of rule 9."

"IPFAS is managed by Connex SouthEastern Ltd, but as a separate unit whose management does not report to the commercial director. When the Regulator asked for opinions from the public and the rail industry a few years ago, most people agreed that appeals must be dealt with independently and consistently, but there was little agreement on what the practical arrangements should be"[25]

Manchester Airport Group

"MAG is publicly owned by the ten local authorities of Greater Manchester and is privately managed on their behalf, gives us a unique insight into the value our business brings to the regions of the UK.

Our shareholders are:

The Council of the City of Manchester - 55% The Borough Council of Bolton - 5% The Borough Council of Bury - 5% The Oldham Borough Council - 5% The Rochdale Borough Council - 5% The Council of the City of Salford - 5% The Metropolitan Borough Council of Stockport - 5% The Tameside Metropolitan Borough Council - 5% The Trafford Borough Council - 5% The Wigan Borough Council - 5%"

[22]

National Air Traffic Services

"NATS provides air traffic control services at 15 of the UK's biggest airports, and "en-route" air traffic services for aircraft flying through UK airspace"[23]

Navigation Authorities

A quarter of the UKs inland waterways are controlled by 30 navigation authorities drawn from the public, private and voluntary sectors. [24]

(The Environment Agency, the Broads Authority and British Waterways Board are subject to the act)

Network Rail

"NRIL operates under a licence granted by the Department under s. 8 of the 1993 Act. It permits NRIL to run the railway network subject to a range of conditions relating to consumer interests, safety, standards of service, financial accountability and corporate governance."[25]

Port Authorities

Speed Camera Partnerships

This would also apply to "Road Safety Partnerships".

Trinity House

The Corporation of Trinity House of Deptford Strond is the General Lighthouse Authority for England, Wales, the Channel Islands and Gibraltar. Also a Deep Sea Pilotage Authority providing expert navigators for ships trading in Northern European waters.

Royalty, Crown Land and Ceremonial Offices

Duchy of Cornwall

"Under the 1337 charter, and as confirmed by subsequent legislation, The Prince of Wales is not entitled to the proceeds or profit on the sale of assets, and only receives the annual income which they generate, which is voluntarily subject to income tax. Because of the importance of the beneficiary, the Duchy’s ‘trust provisions’ have, over the years, been set out in legislation, with the financial security of the Duchy overseen by HM Treasury." [26]

Duchy of Lancaster

"The Duchy's main purpose is to provide income for the Sovereign as Duke of Lancaster, although the Sovereign is not entitled to any of the capital assets of the Duchy. Established over 700 years ago, the Duchy of Lancaster is a body created under Charter."

High Sheriffs

The role of High Sheriff is largely ceremonial however some important responsibilities remain:

"High Sheriffs are responsible in the Counties of England and Wales for duties conferred by the Crown through Warrant from the Privy Council including: ... The well being and protection of Her Majesty's High Court Judges when on Circuit in the County and attending them in Court during the legal terms. The annual appointment of an Under Sheriff. Acting as the Returning Officer for Parliamentary Elections in County constituencies."

The Royal Household

The Royal Household aims to provide exceptional support and advice to The Queen, enabling her to serve the nation and its people. The Royal Household employs over 1,200 staff.

Sport

London Organising Committee of the Olympic Games and Paralympic Games Limited (LOCOG)

London Organising Committee of the Olympic Games and Paralympic Games Limited (“LOCOG”) is a private company and is not subject to the Freedom of Information Act 2000.[27]

UK National Standards Body (NSB)

British Standards Institution (BSI)

BSI is a private company with some public responsibilities:

"BSI British Standards is recognised as the UK National Standards Body (NSB) by the UK Government. The UK NSB role is performed by BSI British Standards on behalf of the UK Government and principally involves the representation of the UK in European and International standards fora."