9.1 Definition of a public authority

Both the Freedom of Information Act 2000 and the Environmental Information Regulations 2004 apply only to the public sector, although the Environmental Information Regulations have a broader definition of the public sector. The Freedom of Information Act lists all authorities that it regards as public authorities in Schedule 1. This is being constantly updated by a steady stream of statutory instruments, at least one a year. The list includes government departments, local authorities, NHS trusts, schools (as separate authorities from the local authority), universities, fire and rescue, police and so on. It also includes private companies wholly owned by a public authority, as defined under section 6 of the Act.

A company partially owned by a public authority is outside the scope of the legislation. Another grouping to which the Act applies, consists of agencies, boards and private companies doing work for a public authority insofar as the work is being carried out for the public sector. This latter group also includes general practitioners and dentists working for the National Health Service. Even the Information Commissioner is included on the list (this is unique throughout Europe).

The list relates to both freedom of information and environmental information regulations; however, the environmental information regulations list also extends to private companies that carry out public functions affecting the environment.

The actual definition listed at regulation 2(d) states:

Included here are water companies, electricity and gas suppliers and other similar authorities. The reason for this is that in some countries of Europe these utilities are provided by the public sector. Northern Ireland, for example, has public water suppliers, and in Greece the electricity company collects most utility charges. The Environmental Information Regulations, as has been already stated, are based on European regulations, and so all the European elements have to be taken into account to ensure consistency.