public authority
📖 What is public authority? Meaning and definition
In UK law, a 'public authority' is a body that is subject to certain legal obligations, particularly concerning transparency and information disclosure. For example, under the Freedom of Information Act 2000 (FOIA), any person can request information from a public authority, and that authority is generally entitled to inform the requester if the information is held and, if so, to provide it. This means the public authority must determine whether it holds the requested information and, if so, whether any exemptions apply before refusing to disclose it.
However, the definition of a 'public authority' can vary depending on the specific legislation. For instance, the North Sunderland Harbour Commissioners were identified as a public authority for the purposes of the Environmental Information Regulations 2004 (EIR) but not for the Freedom of Information Act 2000 (FOIA). This highlights that a body might be considered a public authority under one set of regulations but not another, impacting its duties regarding information requests.
When a public authority receives an information request, it must reconsider the request in accordance with the relevant legal requirements. This includes determining if it holds the information, assessing if any exemption or other basis for refusal applies, and, if an exemption is relied upon, issuing a refusal notice that complies with the law, including any required public interest test. If no exemption applies, the information must be communicated.
📋 Requirements
- The body must be designated as a public authority under specific legislation, such as FOIA or EIR.
- The body must hold the information in question at the time the request is received.
- The information must be recorded in some form.
📝 Procedure
- A person makes a request for information to the public authority.
- The public authority determines whether it holds the information within the scope of the request.
- The public authority assesses whether any exemption or other basis for refusal under the relevant Act (e.g., FOIA) is engaged.
- If an exemption is relied upon, the public authority issues a refusal notice compliant with section 17 FOIA, including the outcome of any public interest test.
- If no exemption applies, the public authority communicates the information.
💡 Examples
- A person requests environmental information from the North Sunderland Harbour Commissioners, who are a public authority under the Environmental Information Regulations 2004.
- A request for information about a certificate is made to a government department, which is a public authority under the Freedom of Information Act 2000.
- A public authority is required to reconsider an information request afresh, ensuring any reliance on FOIA is properly and lawfully applied, after an initial decision notice was found not to be in accordance with the law.
📚 Legal basis
- Environmental Information Regulations 2004
- Freedom of Information Act 2000
- North Sunderland Harbour Order 1931
❓ Frequently asked questions
What is the main difference between a public authority under FOIA and EIR?
A body might be a public authority for the Environmental Information Regulations (EIR) but not for the Freedom of Information Act (FOIA), meaning its duties to disclose information depend on which specific law applies to the request.
Can a public authority refuse to provide information?
Yes, a public authority can refuse if an exemption or other lawful basis for refusal under the relevant Act is engaged. They must issue a refusal notice explaining their reasons and, if applicable, the outcome of any public interest test.
What if the public authority says they don't hold the information?
Under FOIA, a public authority is entitled to inform you if the information is not held. While absolute certainty is not always possible, they must have considered whether in-scope information is held.
Does 'information' have to be in a specific format?
No, under section 84 FOIA, 'information' is defined as 'information recorded in any form,' meaning it can be held in various ways.
What should I do if a public authority's decision is not in accordance with the law?
If a decision notice is found not to be in accordance with the law, the public authority may be required to reconsider your request afresh, ensuring all legal requirements are met. You might consider seeking advice from a qualified solicitor.