Organisations and officials with public responsibilities that are not subject to the Freedom of Information Act: Difference between revisions

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Openreach is the division was created to "Ensure that all rival operators have equality of access to BT's own local network". The local network or "access network" is the wiring connecting customers to their local telephone exchange, starting at the Main Distribution Frame (MDF) in the exchange and ending at the network termination point (NTP) at the end user's premises. [http://en.wikipedia.org/wiki/Openreach Wikipedia Article on Openreach]
Openreach is the division was created to "Ensure that all rival operators have equality of access to BT's own local network". The local network or "access network" is the wiring connecting customers to their local telephone exchange, starting at the Main Distribution Frame (MDF) in the exchange and ending at the network termination point (NTP) at the end user's premises. [http://en.wikipedia.org/wiki/Openreach Wikipedia Article on Openreach]
==Organisations made up of representatives of a number of authorities==
For example, the conference of Oxford colleges [https://beta.weblearn.ox.ac.uk/portal/hierarchy/colleges/confcoll/]
and
The college Bursars' committee "at" the University of Cambridge [http://www.gradunion.cam.ac.uk/issues/openness/2006-03-17-fromIanTroupe.pdf] [http://www.gradunion.cam.ac.uk/issues/openness/2006-02-21-bursarsletter.pdf]


==Parking Adjudicators==
==Parking Adjudicators==

Revision as of 02:44, 6 June 2009

Introduction

This is a list of:

  • Organisations which have public responsibilities and/or receive public funding and
  • Public Officials

Who are NOT subject to the Freedom of Information Act 2000 or the equivalent Act for Scotland.

This list may include certain organisations making use of assets or land owned by the Crown even where they are self-financing and similar organisations. The list also includes industry bodies and professional bodies with regulatory/supervisory functions.

What is the point of this list? It may help people who want to write to the Ministry of Justice to get these organisations/officials added.

Some of these bodies comply voluntarily with FOI does it matter that they are not subject? Yes, it is not unusual for people requesting an exemption to disagree with public authorities about whether or not exemptions apply. This can be resolved by an appeal to the independent Information Commissioner, but that is only possible in cases where the authority is subject to the Act.

See also Which organisations are subject to the Freedom of Information Act 2000?


Academies

"Academies are all-ability, state-funded schools established and managed by sponsors from a wide range of backgrounds, including high performing schools and colleges, universities, individual philanthropists, businesses, the voluntary sector, and the faith communities." [1]

Unlike most state-funded schools they are not subject to the Freedom of Information Act 2000. This makes academies unusual in that they to spend large amounts of public money from the Education budget with very little public accountability.

Publicly funded Further Education Colleges, Higher Education Colleges and Universities and most state-funded schools are all to the Freedom of Information Act.

"If most parents are able to obtain access to information under the FOI Act from their children’s school, for example, it may be regarded as anomalous that some cannot. Academies, for example, do not fall within the definition of ‘maintained schools within the meaning of the School Standards and Framework Act 1998’ included in Schedule 1 to the Act." (Government Consultation paper)


Association of Chief Police Officers (ACPO)

The Association of Chief Police Officers (A private limited company) has a large number of public roles. It formulates national policing policy in a wide range of areas from firearms usage to information management. ACPO policy is often adopted by police forces.

Through the ACPO Criminal Records Office (ACRO) the organisation controls the policies which determine how national DNA database is run. [2]

The ACPO ANPR steering group is responsible for policy relating to the UK's national traffic camera network. [3]

ACPO claims to voluntary comply with the FOI act to some extent. Its website [4] states: ... ACPO is adopting a policy of responding to requests for information only if it is readily available and can be swiftly transmitted to the inquirer;

Association of London Government (London Councils)

All 32 London boroughs, the City of London, the Metropolitan Police Authority and the London Fire and Emergency Planning Authority are members of the Association of London Government.

Responsibilities include running the Freedom Pass concessionary fares scheme. [5]

While the organisation isn't specifically listed in schedule 1 of the FOI act and I don't think it comes under any of the listed categories it has a FOI officer. [6]

In a Parliamentary answer given on October 2005 a minister has confirmed this organisation is subject to the FOI Act [7]

Banks that have been nationalised, including Northern Rock

Not subject to the Act:

  • Northern Rock - Currently owned 100% by the Government, but exempt under the terms of The Northern Rock plc Transfer Order 2008 No. 432 [8]
  • The elements of the following banks taken over by the Bank of England are not subject to the Freedom of Information Act due to these laws:
  • The Heritable Bank plc Transfer of Certain Rights and Liabilities Order 2008 No. 2644 [9] - parts transferred to BoE subsidiary "Deposits Management (Heritable) Limited".
  • The Kaupthing Singer & Friedlander Limited Transfer of Certain Rights and Liabilities Order 2008 No. 2674 [10] - parts transferred to BoE subsidiary "Deposits Management (Edge) Limited"
  • The Bradford & Bingley plc Transfer of Securities and Property etc. Order 2008 No. 2546 [11]

"When it comes to this government and freedom of information, they would make Fidel Castro proud. Why are you covering it up?"[12]

It is important to note that the following financial institutions are subject to the Act:

  • Bank of England
  • certain muninicipal banks such as
    • North Ayrshire Municipal Bank Limited
    • East Dunbartonshire Municipal Bank Limited
  • National Savings and Investments
  • Post Office

British Board of Film Classification (BBFC)

The BBFC is an independent, non-governmental body, which has classifies cinema films and videos. (Video Recordings Act in 1984).

British Standards Institution (BSI)

The 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."[13]

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..."[15]


Casino Advisory Panel

The ICO noted in its response to a Government consultation that it has received complaints about thi body not being subject to the Act.[16]

Confederation of the Cinque Ports, The

"To this day, the Cinque Ports Court of Admiralty has jurisdiction over an extensive area of the North Sea and the English Channel, including the Straits of Dover which are amongst the busiest shipping lanes in the World, although the Court has not sat for many years."

Coroner

"Coroners are independent judicial officers appointed and paid for by the relevant local authorities who are responsible for investigating violent, unnatural deaths or sudden deaths of unknown cause and deaths in custody that are reported to them."


"Coroners are not designated as public authorities under the Freedom of Information Act 2000 and therefore their records are not subject to the information access regime of this Act. There is a separate information access regime for such records over which the Commissioner has no jurisdiction"


"Please be aware however that the Coroner is not subject to Freedom of Information and a request to him under that heading would most likely be refused"

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.

Dartmoor Commoners' Council

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." [17]

Duchy of Lancashire

"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."

The Duchy claims not to be subject to EIR.

Electoral Registration Officer

See Returning Officer

Exam Boards

Bodies that set exams for Schools and Universities.

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. "[18]

An Exam Board that is a wholly owned subsidiaries of a university is subject to the Act (see Section 6).

Financial Ombudsman Service

Appears not be subject to the Act[19]

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,..." [20]

Financial Services Compensation Scheme Limited

Appears not to be subject to the Act.[21]

"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)."

Higher Education Statistics Agency (HESA)

High Sheriffs

Contemporary High Sheriffs have few genuine responsibilities and their functions are largely representational they include:

  • Proclamation of the accession of a new sovereign.
  • They usually act as the Returning Officer for Parliamentary elections in county constituencies and see to the annual appointment of an undersheriff.
  • Attendance at the opening ceremony when a High Court Judge goes on circuit.
  • Execution of High Court writs.

Wikipedia Article

Housing Associations

Vast majority are not subject to FOI (in theory one could be if it was wholly owned by a local authority). Based on a recent ruling by the Information Commissioner[22], they are subject to the Environment Information Regulations.

""When council housing is transferred to a housing association or when a charitable trust is established to run local authority leisure and recreation services, local people and employees may find that they have lost freedom of information rights at a stroke, as these bodies are not regarded as public authorities."

Kevin Dunion, Scottish Information Commissioner - [23]


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


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"[24]

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"

Law Society

Please see:

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."[26]

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." [27]


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.[28]

Lord Lieutenants

The modern responsibilities of lord-lieutenants include:

  • Arranging visits of members of the Royal family and escorting Royal visitors;
  • Presenting medals and awards on behalf of the Sovereign, and advising on Honours nominations;
  • Leading the local magistracy as Chairman of the Advisory Committee on Justices of the Peace; and
  • Chairing the local Advisory Committee for the Appointment of the General Commissioners of Income Tax, a tribunal which hears appeals against decisions made by the HM Revenue and Customs on a variety of different tax related matters.

Wikipedia Article

Magistrates' Association

"Promotes uniformity of practice"

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

about page for Magistrates' Association

Manchester Airport

"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%"

[29]

Market Research Society (MRS)

"MRS supports best practice by setting and enforcing industry standards. The commitment to uphold the MRS Code of Conduct is supported by the Codeline service and a wide range of specialist guidelines."[30] "

Navigation Authorities

A quarter of the UKs inland waterways are controlled by 30 navigation authorities drawn from the public, private and voluntary sectors. [31]

The Conservators of the River Cam are an example http://www.camconservators.co.uk/

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

Network Rail

"Network Rail is a British "not for dividend" company limited by guarantee whose principal asset is Network Rail Infrastructure Limited, a company limited by shares. Network Rail owns and operates the fixed infrastructure assets of the British railway system." (Wikipedia)

The company is not subject to the Act or Environmental Information Regulations.

"56 Notwithstanding our decision on the issue of law arising on these appeals and without wishing to cast any doubt on the environmental credentials of the Appellants, we have some concerns as to its implications. NRIL is a major landowner whose estate is intensively visited by the public, has a significant impact on the daily lives of many people and, in the words of its website, includes “many sites of great environmental, geological, historical and architectural importance” as well as much contaminated land. Yet, if our decision is correct, it has no duty to provide information in accordance with EIR.

57 The structure, functions and accountability of NRL are clearly unusual and it may be that the consequences for its legal responsibilities as to environmental information, given the practical realities of its stewardship, are therefore anomalous.

58 DEFRA and/or the Department of Transport may wish to consider whether, by whatever route, NRIL should be brought within EIR (rather than FOIA) so that it is required to supply environmental information. We recognise that there may be no convenient way to achieve this within the existing regulations but believe that the present position is clearly unsatisfactory."

Information Tribunal Appeal

Office of the Independent Adjudicator

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.

Openreach

Openreach is the division was created to "Ensure that all rival operators have equality of access to BT's own local network". The local network or "access network" is the wiring connecting customers to their local telephone exchange, starting at the Main Distribution Frame (MDF) in the exchange and ending at the network termination point (NTP) at the end user's premises. Wikipedia Article on Openreach

Organisations made up of representatives of a number of authorities

For example, the conference of Oxford colleges [32]

and

The college Bursars' committee "at" the University of Cambridge [33] [34]

Parking Adjudicators

The ICO has received complaints about Parking Adjudicators[35]

PhonepayPlus Limited

previously called ICSTIS[36]


"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."[37]

Port Authorities

The Port of London was found to be subject to EIR, but the Port Authorities of England are not subject to the Act.


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."


Private sector companies that carry out public duties

"It's just been revealed that the government will be extending freedom of information to cover some private sector organisations...Those private bodies affected will be some of those who carry out functions on behalf of public authorities. ...disclosed this afternoon by the Justice Minister Michael Wills"[38]


"Love Cambridge", the Cambridge City Centre Management organisation, private limited company part funded and owned by the public sector and fulfilling a role at least part of which used to be carried out by the city council is one specific example of what is probably a very large number of private companies with a public role (which also benefit from public funding and support). [39]

Private prisons

'Private' in the sense of control or ownership but with serious public responsibilities.

Private security firms

"Private security firms working for British government departments in Iraq or Afghanistan should be candidates for designation."

taken from CFOI's response to a Government consultation

Publicly Owned Companies

If a company meets one (or more) of the following conditions it will be subject to FOI:

  • companies listed in Schedule 1 of the Act
  • companies wholly owned by the Crown
  • companies wholly owned by one public authority

However there are many companies 100% owned by a number of public authorities that do not meet this definition.

examples:

  • Better Tomorrows Community Interest Company [40]
  • Coventry & Solihull Waste Disposal Company [41]
  • East of England Regional Control Centre Limited [42]
  • Gloucester City Airport Limited
  • Higher Education Statistics Agency (HESA)
  • Manchester Airport plc
  • North East FireControl Company Limited [43]
  • Russell Group
  • Stirling Enterprise Park Limited
  • South West England Regional Network Limited (SWERN)
  • South West Grid for Learning
  • Trading Standards South East Limited
  • Waterfront Edinburgh Limited [44]


other possible examples of companies funded and/or controlled by public authorities

  • Black Country Consortium
  • Employers' Organisation for Local Government
  • The JNT Association (JANET)

Queen

Head of State and in charge of the British Armed Forces.


Regional Assemblies

The Freedom of Information Act does not apply to regional assemblies.

http://www.foi.gov.uk/yourRights/coverageguide.htm#era

Regional Climate Change Partnerships

The Freedom of Information Act does not apply to regional climate change partnerships [45], created as a result of the Climate Change Act 2008.

"The Regional Climate Change Partnership is not subject to the Freedom of Information Act 2000 (FOI Act), as it is not included in Schedule 1 of the FOI Act. It also does not appear to meet the necessary criteria, as laid out in the legislation, for a public body to be added to the FOI Act via a Section 4 Order."[46]

Regional Technical Advisory Boards

The Freedom of Information Act does not apply to Regional Technical Advisory Boards [47]

Registered Social Landlords

See Housing Associations.

Returning Officer

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.[48]

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.

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/


Solicitors' Regulation Authority (SRA)

The SRA is part of the Law Society.

"The Act does not yet apply to the Law Society, but we believe in being open about what we do and we make a lot of information publicly available through our website." [49]

Speed Camera Partnerships

Subsidiary of a public authorities "which is listed only in relation to particular information"

This includes any publically owned companies / subsidiaries of the BBC (eg BBC Worldwide),Channel 4, Gaelic Media Service, S4C, or the Bank of England, as these have special "derogations" in the Freedom of Information Act (eg the BBC is only subject to the Act for information that does not fall into the category of journalism, art or literature). This is specified in the Act in Section 6(1)(b)(ii).

Any Publicly-owned companies / subsidiaries of government departments are also excluded from the Act, unless they are specifically listed in Schedule 1 of the Act. There is a list of the centrally owned companies here on the Shareholder Executive's website

Toll Road Companies

"The Commissioner has received enquiries about these organisations or has formed the view (based on casework) that these organisations should be considered for addition: ... Toll Road Companies"

The power to collect tolls is normally set out in a Statutory Instrument.

  • Statutory Instrument 2003 No. 2186: The M6 Toll (Collection of Tolls) Regulations 2003 S.I. 2003/2186

Trinity House

"The Corporation of Trinity House of Deptford Strond". 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.

Trustees of Parliamentary Contributory Pensions Fund

Trustees of House of Commons pension scheme

UCAS

"As nearly all British higher education institutions are members of UCAS, all those wishing to study for first degrees in the UK must apply through UCAS. This applies to all categories of applicants - UK residents, residents of the Channel Islands and Isle of Man, European Union citizens, and other international applicants"

Verderers

  • The Verderers of the New Forest derive their offices, powers and responsibilities from an Act of Parliament in 1877[52], they were brought into scope of the Freedom of Information Act in 2006. Official Website

Water and Sewage Companies

These companies have no real competition and provide a vital public service they are subject to Environmental Information Regulations but not to the Freedom of Information Act.

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