FOIA Section 5: Difference between revisions
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Note an actual designation under s5 (indirectly) |
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Section 5 of the [[Freedom of Information Act 2000]] provides for the designation of additional bodies as public authorities. | |||
==What the law says== | ==What the law says== | ||
Revision as of 20:21, 2 December 2010
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
No orders have been directly made under section 5
Companies Act delegation orders
Section 1252(3) of the Companies Act 2006 provides that:
- 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 such 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.
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