FOIA Section 4

in brief

• The Lord Chancellor can add a body to the Act if the body is established by UK legislation or by the Government (or Royal Prerogative) and the Crown/Government appoints people to form part of that body.

• The Lord Chancellor can add an official to the Act if the office is established by UK legislation or by the Government (or Royal Prerogative) and the Crown/Government appoints people to that office.

What the law says:

4. Amendment of Schedule 1.

(1) The Lord Chancellor may by order amend Schedule 1 by adding to that Schedule a reference to any body or the holder of any office which (in either case) is not for the time being listed in that Schedule but as respects which both the first and the second conditions below are satisfied.

(2) The first condition is that the body or office—

(a) is established by virtue of Her Majesty’s prerogative or by an enactment or by subordinate legislation, or

(b) is established in any other way by a Minister of the Crown in his capacity as Minister, by a government department or by the National Assembly for Wales.

(3) The second condition is—

(a) in the case of a body, that the body is wholly or partly constituted by appointment made by the Crown, by a Minister of the Crown, by a government department or by the National Assembly for Wales, or

(b) in the case of an office, that appointments to the office are made by the Crown, by a Minister of the Crown, by a government department or by the National Assembly for Wales.

(4) If either the first or the second condition above ceases to be satisfied as respects any body or office which is listed in Part VI or VII of Schedule 1, that body or the holder of that office shall cease to be a public authority by virtue of the entry in question.

(5) The Lord Chancellor may by order amend Schedule 1 by removing from Part VI or VII of that Schedule an entry relating to any body or office—

(a) which has ceased to exist, or

(b) as respects which either the first or the second condition above has ceased to be satisfied.

(6) An order under subsection (1) may relate to a specified person or office or to persons or offices falling within a specified description.

(7) Before making an order under subsection (1), the Lord Chancellor shall—

(a) if the order adds to Part II, III, IV or VI of Schedule 1 a reference to—

(i) a body whose functions are exercisable only or mainly in or as regards Wales, or

(ii) the holder of an office whose functions are exercisable only or mainly in or as regards Wales, consult the National Assembly for Wales, and

(b) if the order relates to a body which, or the holder of any office who, if the order were made, would be a Northern Ireland public authority, consult the First Minister and deputy First Minister in Northern Ireland.

(8) This section has effect subject to section 80.

(9) In this section “Minister of the Crown” includes a Northern Ireland Minister.

ICO Lines To Take

Relevant Lines to Take

None