Government department: Difference between revisions
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Government | "Government department" is partially defined in section 84 of the Freedom of Information Act: | ||
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"“government department” includes a Northern Ireland department, the Northern Ireland Court Service and any other body or authority exercising statutory functions on behalf of the Crown, but does not include— | "“government department” includes a [[Northern Ireland department]], the {{WDTK|Northern Ireland Court Service|northern_ireland_court_service}} and any other body or authority exercising statutory functions on behalf of the Crown, but does not include— | ||
(a) any of the bodies specified in section 80(2), | (a) any of the bodies specified in section 80(2), | ||
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(b) the Security Service, the Secret Intelligence Service or the Government Communications Headquarters, or | (b) the Security Service, the Secret Intelligence Service or the Government Communications Headquarters, or | ||
(c) the | (c) the Welsh Assembly Government;" | ||
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In the above definition the term “body” includes an unincorporated association (Section 34). | In the above definition the term “body” includes an unincorporated association (Section 34). | ||
==Separate departments== | |||
Section 81 gives this term some added importance: | |||
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"For the purposes of this Act each government department is to be treated as a person separate from any other government department." | |||
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| halign = left | source = [http://www.legislation.gov.uk/ukpga/2000/36/section/81 legislation.gov.uk]. | |||
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This means that it's not possible to request from one department information held only by another department, which means that it matters whether something is a department in its own right or merely a part of another department. It also means that requests to different departments can't be aggregated under [[section 12]]. | |||
The ICO has [http://ico.org.uk/~/media/documents/decisionnotices/2014/fs_50527543.pdf declared] that DVSA (and by extension all [[executive agency|executive agencies]]) is part of its parent department for FOI purposes. | |||
==Is there a list of Government Departments?== | |||
A request was made to the Ministry of Justice to provide "the names of all government departments". The response was: "I can confirm that the Ministry of Justice does not hold the information you have requested." [http://www.whatdotheyknow.com/request/list_of_government_departments#comment-1797]. On the other hand, the Cabinet Office has a convenient [http://www.cabinetoffice.gov.uk/resource-library/government-ministers-and-responsibilities page on the subject]. | |||
*[[Executive agency]] | |||
*[[Ministerial department]] | |||
*[[Non-ministerial department]] | |||
*[[Government departments (Northern Ireland)]] | |||
There are also [[non-departmental public body|non-departmental public bodies]] some of which are not subject to the Act. | |||
==External links== | ==External links== | ||
*[http://www.civil-service.co.uk/ Civil Service year book] | *[http://www.civil-service.co.uk/ Civil Service year book] | ||
*[http://www.number10.gov.uk/Page30 List of Government Departments from Number 10] | *[http://www.number10.gov.uk/Page30 List of Government Departments from Number 10] | ||
*[http://www.cabinetoffice.gov.uk/ministerial_responsibilities/departments.aspx List of Ministerial Departments from the Cabinet Office] | |||
*[http://www.cabinetoffice.gov.uk/ministerial_responsibilities/non_ministerial_dept.aspx List of Non-ministerial Departments from the Cabinet Office] | |||
*[http://www.northernireland.gov.uk/index/gov.htm List of Government Departments (Northern Ireland)] | |||
*[http://www.opsi.gov.uk/advice/crown-copyright/uk-crown-bodies List of Crown Bodies from OPSI] | |||
[[Category: Types of public authority]] | |||
Latest revision as of 14:28, 27 May 2014
"Government department" is partially defined in section 84 of the Freedom of Information Act:
| "“government department” includes a Northern Ireland department, the Northern Ireland Court Service and any other body or authority exercising statutory functions on behalf of the Crown, but does not include—
(a) any of the bodies specified in section 80(2), (b) the Security Service, the Secret Intelligence Service or the Government Communications Headquarters, or (c) the Welsh Assembly Government;" | |
| statutelaw.gov.uk. | |
In the above definition the term “body” includes an unincorporated association (Section 34).
Separate departments
Section 81 gives this term some added importance:
| "For the purposes of this Act each government department is to be treated as a person separate from any other government department." | |
| legislation.gov.uk. | |
This means that it's not possible to request from one department information held only by another department, which means that it matters whether something is a department in its own right or merely a part of another department. It also means that requests to different departments can't be aggregated under section 12.
The ICO has declared that DVSA (and by extension all executive agencies) is part of its parent department for FOI purposes.
Is there a list of Government Departments?
A request was made to the Ministry of Justice to provide "the names of all government departments". The response was: "I can confirm that the Ministry of Justice does not hold the information you have requested." [1]. On the other hand, the Cabinet Office has a convenient page on the subject.
- Executive agency
- Ministerial department
- Non-ministerial department
- Government departments (Northern Ireland)
There are also non-departmental public bodies some of which are not subject to the Act.
