Public authority3

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.