Which bodies are subject to the Environmental Information Regulations?: Difference between revisions
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==Public administration== | ==Public administration== | ||
In the Port of London case, one of the issues the Tribunal considered was whether the PLA constituted a public authority for the purposes of regulation 2(2)(c) EIR. The Commissioner put forward the following factors, which he considered were to be taken into account | In the Port of London case, one of the issues the Tribunal considered was whether the PLA constituted a public authority for the purposes of regulation 2(2)(c) EIR. The Commissioner put forward the following factors, which he considered were to be taken into account: : | ||
*whether the functions exercised by the ‘public authority’ are typically governmental in nature; | *whether the functions exercised by the ‘public authority’ are typically governmental in nature; | ||
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*whether the organisation has a statutory basis, or whether it exists purely as a matter of contract; and | *whether the organisation has a statutory basis, or whether it exists purely as a matter of contract; and | ||
*whether the organisation is accountable to members or shareholders, or to government. | *whether the organisation is accountable to members or shareholders, or to government. | ||
The Information Tribunal found this list “helpful”. |
Revision as of 13:43, 1 November 2009
The Freedom of Information Act includes a list of public authorities that it covers, working out whether a body is subject to the Environmental Information Regulations is much more difficult:
Public administration
In the Port of London case, one of the issues the Tribunal considered was whether the PLA constituted a public authority for the purposes of regulation 2(2)(c) EIR. The Commissioner put forward the following factors, which he considered were to be taken into account: :
- whether the functions exercised by the ‘public authority’ are typically governmental in nature;
- whether the functions of the body in question form part of a statutory scheme of regulation;
- whether, if those functions did not exist, some governmental provision would need to be made for the exercise of those functions;
- whether the organisation has a statutory basis, or whether it exists purely as a matter of contract; and
- whether the organisation is accountable to members or shareholders, or to government.
The Information Tribunal found this list “helpful”.