FOIA Section 5: Difference between revisions
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:(1) The Lord Chancellor 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— | :(1) The Lord Chancellor 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 | ::(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. | ::(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. | :(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 Lord Chancellor shall consult every person to whom the order relates, or persons appearing to him to represent such persons. | :(3) Before making an order under this section, the Lord Chancellor 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. | :(4) This section has effect subject to section 80. | ||
Revision as of 01:54, 1 May 2010
What the law says
5. Further power to designate public authorities.
- (1) The Lord Chancellor 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 Lord Chancellor 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.
