1 Citation and commencement

(1)    This Order may be cited as the Freedom of Information (Designation as Public Authorities) Order 2011.

(2)    This Order comes into force on the day after the day on which it is made.

NOTES
Initial Commencement
Specified date

Specified date: 1 November 2011: see para (2) above.
Administrative Law & Judicial Review97 Human Rights & Civil Liberties97 Freedom of Information97

2 Persons designated as Public Authorities

2Persons designated as Public Authorities

The persons listed in column 1 of the Schedule are designated as public authorities under section 5(1)(a) of the Freedom of Information Act 2000 with respect to the function or functions specified in column 2.

NOTES
Initial Commencement
Specified date

Specified date: 1 November 2011: see art 1(2).
Freedom of Information97 Administrative Law & Judicial Review97 Human Rights & Civil Liberties97 Data Protection99 Information Technology & Telecommunications99

Signature

Signed by the authority of the Secretary of State

McNally

Minister of State

Ministry of Justice

31st October 2011
Administrative Law & Judicial Review97 Human Rights & Civil Liberties97 Freedom of Information97

SCHEDULE Persons Designated as Public Authorities

SCHEDULE  Persons Designated as Public Authorities Article 2
NOTES
Initial Commencement
Specified date

Specified date: 1 November 2011: see art 1(2).
Administrative Law & Judicial Review96 Human Rights & Civil Liberties96 Freedom of Information96

EXPLANATORY NOTE

EXPLANATORY NOTE (This note is not part of the Order)

The obligations under the Freedom of Information Act 2000 (“the Act”) apply to public authorities. For the purposes of the Act, a “public authority” means a body or office which is listed in Schedule 1 to the Act or designated by an order under section 5 of the Act, or a publicly-owned company as defined by section 6 of the Act. Additional bodies or offices may be added to Schedule 1 by an order under section 4(1) of the Act provided that the conditions in section 4(2) and (3) are satisfied.

Section 5(1)(a) of the Act provides that the Secretary of State may by order designate as a public authority for the purposes of the Act any person who is neither listed in Schedule 1 nor capable of being added to that Schedule by an order under section 4(1), but who appears to the Secretary of State to exercise functions of a public nature. By section 5(2), such an order may designate a specified person or office or persons or offices falling within a specified description.

Section 7(5) of the Act provides that such an order must specify the functions of the public authority designated by the order with respect to which the designation is to have effect, and limits the application of the Act to information held by the authority relating to the specified functions.

This Order designates as public authorities The Association of Chief Police Officers of England, Wales and Northern Ireland, The Financial Ombudsman Service Limited and the Universities and Colleges Admissions Service (article 2 and column 1 of the Schedule). The functions with respect to which the designation takes effect are listed in column 2 of the Schedule.
Freedom of Information96 Administrative Law & Judicial Review96 Human Rights & Civil Liberties96 Data Protection99 Information Technology & Telecommunications99

Practice Areas

Lexis®Library

  • Cases related to this particular case that are related to, or discuss this caseView related cases
  • Halsbury's SI CitatorHalsbury's SI Citator
  • The current law in England and Wales, consolidated by the incorporation of amendments into existing legislation, by an expert team of editorsView Consolidated Version
  • Commentary discussing this particular case from LexisLibrary's comprehensive range of titles including Butterworths, Halsbury's and TolleyView all related commentary