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The INSPIRE Regulations 2009

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Public authority

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3.—(1) In these Regulations “public authority” means—

(a)a government department;

(b)any other public authority as defined in section 3(1) of the Act, disregarding for this purpose the exceptions in paragraph 6 of Schedule 1 to the Act, but excluding—

(i)any body or office-holder listed in Schedule 1 to the Act only in relation to information of a specified description, or

(ii)any person designated by order under section 5 of the Act;

(c)any other body or other person that carries out functions of public administration; or

(d)any other body or other person that is under the control of a person falling within sub-paragraph (a), (b) or (c) and has public responsibilities relating to the environment, exercises functions of a public nature relating to the environment, or provides public services relating to the environment.

(2) But in regulation 12 (data-sharing between public authorities etc.), “public authority” does not include the bodies or persons falling within paragraph (1)(d).

(3) Except as provided by regulation 9(7), a Scottish public authority is not a public authority for the purposes of these Regulations.

(4) These Regulations do not apply to any public authority to the extent that it is acting in a judicial or legislative capacity.

(5) These Regulations do not apply to either House of Parliament to the extent required for the purpose of avoiding an infringement of the privileges of either House.

(6) Each government department is to be treated as a person separate from any other government department for the purposes of these Regulations.

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