FOIA Section 5

Section 5 of the Freedom of Information Act 2000 provides for the designation of additional bodies as public authorities.

What the law says

5. Further power to designate public authorities.

(1) The Secretary of State may by order designate as a public authority for the purposes of this 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—

(a) appears to the Secretary of State to exercise functions of a public nature, or

(b) is providing under a contract made with a public authority any service whose provision is a function of that authority.

(2) An order under this section may designate a specified person or office or persons or offices falling within a specified description.

(3) Before making an order under this section, the Secretary of State shall consult every person to whom the order relates, or persons appearing to him to represent such persons.

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

Relevant orders

• SI 2011/2598 designated under section 5:
  • Association of Chief Police Officers, in respect of information relating to the exercise of these functions:
    • The provision of leadership to the Police Service of England, Wales and Northern Ireland.
    • The provision of contributions to the development and improvement of the Police Service of England, Wales and Northern Ireland.
    • The provision of a professional view on policing matters.
    • The co-ordination of the strategic policing response, in times of national need, on behalf of all chief police officers.
    • The promotion and development of high standards of professional knowledge and performance amongst its members.
    • The provision of member services.
    • The promotion of the Association.
  • Financial Ombudsman Service, in respect of information relating to the exercise of this function:
    • The administration of an ombudsman scheme in accordance with Part 16 of, and Schedule 17 to, the Financial Services and Markets Act 2000(5).
  • Universities and Colleges Admissions Service in respect of information relating to the exercise of this function:
    • The provision and maintenance of a central applications and admissions service in relation to:
      • an institution listed in paragraphs 53(1)(a) to (e) and 55(1)(a) and (b) of Part 4 of Schedule 1 to the Freedom of Information Act 2000;
      • an institution listed in Part 5 of Schedule 1 to the Freedom of Information (Scotland) Act 2002;
      • the College of Agriculture, Food and Rural Enterprise.
• SI 2015/851 designated under section 5(a):
  • Network Rail Limited (04402220) in respect of information relating to the exercise of these functions:
    • The acquisition, ownership, management, provision, operation and development of network services.
    • The acquisition, ownership, management, provision, operation and development of station services.
  • Network Rail Infrastructure Limited (02904587) in respect of information relating to the exercise of these functions:
    • The acquisition, ownership, management, provision, operation and development of network services.
    • The acquisition, ownership, management, provision, operation and development of station services.
    • The provision and operation of light maintenance depots for the use of light maintenance services.
  • Network Rail Holdco Limited (04423711) in respect of information relating to the exercise of these functions:
    • The acquisition and ownership of network services.
    • The acquisition and ownership of station services.

Companies Act delegation orders

Section 1252 of the Companies Act 2006 provides for the Secretary of State to delegate by order some of his functions to other bodies. Subsection (3) says:

(3) A delegation order has the effect of making the body designated by the order designated under section 5 of the Freedom of Information Act 2000 (c. 36) (further powers to designate public authorities).

One delegation order has been made, SI 2008/496, delegating some functions to the Professional Oversight Board established under the articles of association of The Financial Reporting Council Limited.

ICO Lines To Take

Relevant Lines to Take

None