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A body substantially publicly funded which performs statutory duties, objectives and other activities consistent with central or local governmental functions.
Under the Human Rights Act 1998, s 6 it is unlawful for a public authority to act incompatibly with a Convention right (as defined in s 1 of the 1998 Act). Although under s 6(3) a public authority includes a court or tribunal, and any person certain with functions of a public nature, it does not include either the Houses of Parliament nor a person exercising functions connected with Parliamentary proceedings. A person is not a public authority by virtue only of s 6(3)(b) if the nature of the act is private. Therefore, this enables 'hybrid' bodies which conduct both public and private functions.
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Client Classification Checklist This checklist provides an overview of the Financial Conduct Authority’s (FCA) client classification requirements and may assist those seeking to classify clients as either retail clients, professional clients or eligible counterparties. • 1. Is the firm providing services relating to a child trust fund (CTF) (except for a personal recommendation relating to a contribution to a CTF) to the client? (COBS 3.4.2 R) If yes, the client is a Retail Client. If no, please see question 2. • 2. Is the firm providing any of the following services ('Eligible Counterparty Business') to the client? ◦ Dealing on own account, executing orders on behalf of clients or receiving and transmitting orders ◦ Carrying on any ancillary services directly related these services, or ◦ Arranging in relation to business that is not MiFID or equivalent third country business. (COBS 3.6.1(2) R) If yes, please see question 10. If no, please see question 3. • 3. Is the client an entity required to be authorised or regulated to operate in...
Defending a claim for judicial review—checklist This Checklist highlights the key preliminary steps and considerations for defending a judicial review claim in the Administrative Court, including preliminary assessment, acknowledgement of service and skeleton arguments. On receipt of pre-action protocol letter Ensure the Pre-Action Protocol for Judicial Review has been followed • The Pre-Action Protocol for Judicial Review should be followed unless extreme urgency or other good reason dictates otherwise. • Failure to follow the pre-action protocol may have cost consequences and should be drawn to the court's attention in the acknowledgement of service. • See Practice Note: Judicial review—time limits and the pre-action protocol. Ensure the claim is within time limit for judicial review • Although it is more of a concern for the claimant, note that the need to comply with the pre-action protocol does not affect the obligation to bring a claim promptly and within three months of the grounds arising (unless an alternative time limit applies). • See Practice Note: Judicial review—time limits and the pre-action protocol...
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Freedom of information request—flowchart In brief The timeframe for compliance with a freedom of information request is 20 working days, although in certain limited circumstances this can be extended. Upon receipt of a request, an authority should: • record the date on which the request was received • assess the validity of the request • establish whether information of the description specified in the request is held by the authority • estimate the cost of compliance • consider charging a fee • consider whether any exemptions apply • respond to the applicant within the timeframe For information on the freedom of information regime generally, see Practice Notes: • Introduction to freedom of information • Who is subject to the freedom of information regime For an overview of the whole process click here to view or print a separate PDF version. Step 1—Request for information received Click here to view or print the full-size PDF version: Timeframe within which to respond See Practice Note: Compliance with a freedom...
DPO appointment decision tree Under Assimilated Regulation (EU) 2016/679, the General Data Protection Regulation (UK GDPR), certain organisations are required to appoint an individual to act as their data protection officer (DPO). The appointment can be internal, eg an employee of the organisation, or external, eg a consultant under a service contract. This DPO appointment decision tree will help you determine whether your organisation needs to appoint a DPO under the requirements of the UK GDPR. If your organisation has operations in jurisdictions outside the UK, you will also need to check whether local law or regulations require you to appoint a DPO in any of those jurisdictions. For more information on the role of the DPO, see Practice Note: Data protection officer or, for law firms, Practice Note: Data protection officer—law firms. For a checklist of issues to consider when appointing a DPO, see: Data protection officer (DPO) appointment—checklist. Whatever decision your organisation makes about appointing a DPO, guidelines on DPOs published by the Article 29 Data Protection Working...
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What is a public authority?A public authority is some manifestation of the state that exercises a public function.The distinction between a private body and a public authority has become increasingly important since the introduction of the Human Rights Act 1998 (HRA 1998) because HRA 1998 prohibits public authorities from acting incompatibly with any convention right under the European Convention on Human Rights (ECHR). The test for determining whether a body is a public authority may be wider under HRA 1998 than it is for the purposes of judicial review.Bodies which are obviously public in nature are always likely to be public authorities. Examples include:•central government•police and emergency services•local authorities•local education authorities•housing authorities•the Ministry of Defence•NHS bodiesThere are also a number of other bodies that exercise some public functions that may qualify as public authorities. If such bodies are considered public authorities, this will generally only be in relation to their exercise of public functions.Determining whether an organisation is a public authorityThere is no single test for determining whether an organisation...
The Pension Protection Fund—eligibility and entry Requirements for PPF entry The requirements for a scheme to enter the PPF are: • the scheme must be an eligible scheme—see: What schemes are eligible? below • either: ◦ a qualifying insolvency event must occur in relation to a scheme employer—see: What is a qualifying insolvency event? below, or ◦ the employer is unlikely to continue as a going concern and it meets the conditions in SI 2005/590, reg 7—see: Alternative route to PPF entry, below • the insolvency practitioner in relation to the employer must confirm that a scheme rescue is not possible—see: Duty of insolvency practitioner to issue notices confirming status of scheme (section 122 notices), and • the assets of the scheme must be less than the 'protected liabilities' (broadly, the benefits that would be payable to members by the PPF)—see: Protected liabilities, below The statutory provisions regarding the eligibility of schemes for entry into the PPF are contained in: • sections 120–168 of the Pensions Act...
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Freedom of information—letter providing all the information requested [Archived] ARCHIVED: This Precedent has been archived and is not maintained. [Name] [Address] Ref No: [number] [Date] Dear [applicant's name] Thank you for your [letter OR email OR fax OR of [date of letter/email/fax from applicant] requesting information about [insert details]. The information you requested is enclosed. OR [If you have been unable to provide it in the format requested by the applicant because it was ‘unreasonable to do so’ then you should state why.] OR As you have asked to view the records in which the information is contained, and we are content to let you do so, please telephone me to make the necessary arrangements.] [The supply of information in response to a freedom of information request does not confer an automatic right to re-use the information. Under UK copyright law you can use any information supplied for the purposes of private study and non-commercial research without requiring permission. Similarly, information supplied can also be...
Freedom of information—letter informing an applicant that requested information is being withheld under a qualified exemption [Archived] ARCHIVED: This Precedent has been archived and is not maintained. [Name] [Address] Ref No: [number] [Date] Dear [applicant's name] Thank you for your [letter OR email OR fax] of [date of letter/email/fax from applicant] requesting information about [insert details]. I can confirm that the department holds this information. This information is exempt under section[s ][section number(s)] of the Freedom of Information Act 2000 and is therefore being withheld. [You should explain why the requested information falls into the terms of the qualified exemption and why the balance of the public interest test determines that the information is exempt from release.] Having considered the public interest, the Department’s decision is therefore to withhold the information. If you are dissatisfied with the handling of
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In care proceedings, are all respondents entitled to view all documents in the court bundle, or can documents be removed and/or redacted? If so, who is responsible for removing/redacting documents and is an order of the court required? The issue of the removal and/or redaction of documents was considered in Re R (children) (control of court documents), in which the Court of Appeal upheld the Family Court's order that the appellant (an intervener in the proceedings) should not be provided with a physical copy of the full fact-finding judgment, nor with the parties' written submissions, following a fact-finding hearing as part of care proceedings in relation to the appellant's two sisters, as doing so would risk offending the sisters' rights under Articles 3 and 8 of the European Convention on Human Rights. The appellant instead received a summary of the court's findings and a redacted version of the judgment, from which explicit sexual references had been removed, which the court found would ensure that the appellant...
What is 'personal data' for the purposes of the Data Protection Act 1998? For the purposes of the Data Protection Act 1998 (DPA 1998), 'personal data' is defined as: 'data which relate to a living individual who can be identified— (a)    from those data, or (b)    from those data and other information which is in the possession of, or is likely to come into the possession of, the data controller and includes any expression of opinion about the individual and any indication of the intentions of the data controller or any other person in respect of the individual' This definition refers to several key terms which are further defined in DPA 1998. The term 'data' is defined to include information which: '(a)    is being processed by means of equipment operating automatically in response to instructions given for that purpose (b)    is recorded with the intention that it should be processed by means of such equipment (c)    is recorded as part of a "relevant filing system" or...
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This week's edition of Environment weekly highlights includes: news analysis on the Department for Environment, Food and Rural Affairs (Defra)'s consultation aiming to refine the biodiversity net gain (BNG) framework to better accommodate minor, medium, and brownfield developments. In addition this week, Defra has announced plans to introduce a Bill by the end of 2025 to enable the UK's ratification of the Biodiversity Beyond National Jurisdiction (BBNJ) Agreement, also known as the High Seas Treaty, the Office for Environmental Protection (OEP) has filed its written submissions in the appeal of R (Rights Community Action Ltd) and has found potential breaches of environmental law on wild bird protection by Defra and Natural England, and Defra has announced that new provisions under the Water (Special Measures) Act 2025 (W(SM)A 2025) have come into effect, banning bonus payments for senior executives at six water companies.
This week's edition of Local Government weekly highlights includes analysis of the proposed reforms and implications under the technical consultation to modernise planning committees plus case analysis of For Women Scotland v Scottish Ministers, which held that Equality Act 2010 provisions refer to biological sex regardless of their gender recognition certificate; Re Transport Action Network Ltd v SST, in which the High Court clarified the scope and procedure for the Secretary of State’s review of National Policy Statements; and R (Shaman) v Lambeth LBC, which provided guidance on temporary permitted development rights. Case reports include Cotham School v Bristol CC, in which the court ruled on an order brought by a school academy to amend Bristol City Council’s commons register for playing field; R (Captain Lee Jones) v Shropshire Council concerning a judicial review of the LA’s decision to issue and serve a Community Infrastructure Levy stop notice requiring cessation of building works due to unpaid CIL; Leveritt v Hackney LBC, in which the court considered an application by a...
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