Which bodies are subject to the Environmental Information Regulations?: Difference between revisions

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The Information Tribunal found this list “helpful”.[http://www.ico.gov.uk/upload/documents/decisionnotices/2009/fer_0195081.pdf]
The Information Tribunal found this list “helpful”.[http://www.ico.gov.uk/upload/documents/decisionnotices/2009/fer_0195081.pdf]
==External links==
*http://www.defra.gov.uk/corporate/policy/opengov/eir/guidance/full-guidance/pdf/guidance-2.pdf

Revision as of 20:05, 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”.[1]


External links