Q&As

Is there any case law or guidance, other than the cases of Fish v Legal and Attorney-General for the Prince of Wales v the IC, as well as guidance published by the ICO, that provides further guidance as to what constitutes ‘control’ in the definition of public authority in the Environmental Information Regulations 2004, s 2(2)(d)?

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Published on LexisPSL on 20/07/2018

The following Environment Q&A provides comprehensive and up to date legal information covering:

  • Is there any case law or guidance, other than the cases of Fish v Legal and Attorney-General for the Prince of Wales v the IC, as well as guidance published by the ICO, that provides further guidance as to what constitutes ‘control’ in the definition of public authority in the Environmental Information Regulations 2004, s 2(2)(d)?

This Q&A refers to ICO guidance on public authorities under the Environment Information Regulations 2004, SI 2004/3391 (EIR 2004).

In addition to the cases mentioned in scenario described, the case of Cross v IC is relevant and provides discussion of the Fish Legal v Information Commissioner decision. In Cross, the court held that the Sovereign does not fall within the EIR 2004, SI 2004/3391, reg 2(2) as it cannot be considered an administrative authority, a person entrusted with the performance of services of public interest or a person under the control of a public authority who has public responsibilities, exercises public functi

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