Q&As

To what extent are GPs subject to the Freedom of Information Act 2000?

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Published on LexisPSL on 09/06/2016

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

  • To what extent are GPs subject to the Freedom of Information Act 2000?
  • Application of the Freedom of Information Act 2000
  • Obligations of a public authority under the Freedom of Information Act 2000
  • Further reading

Application of the Freedom of Information Act 2000

See initially Practice Note: Who is subject to the freedom of information regime, which explores the obligations of public authorities to comply with freedom of information requests and how ‘public authorities’ is defined for the purpose of the Freedom of Information Act 2000 (FIA 2000).

Section 3 of the Freedom of Information Act 2000 (FIA 2000) defines ‘public authorities’ by reference to FIA 2000, Sch 1. FIA 2000, Sch 1, Pt III covers which bodies are public authorities within the National Health Service, including health authorities, NHS Trusts and other national health bodies responsible for public health in England, Wales and Northern Ireland. See FIA 2000, Sch 1, Part III, in particular paras 43A–45, which include:

‘43A Any person providing primary medical services, primary dental services or primary ophthalmic services—

(a) in accordance with arrangements made under section 92 or 107 of the National Health Service Act 2006, or section 50 or 64 of the National Health Service (Wales) Act 2006; or

(b) under a contract under section 84, 100 or 117 of the National Health Service Act 2006 or section 42 or 57 of the National Health Service (Wales) Act 2006;

in respect of information relating to the provision of those services.

44 Any person providing general medical services, general dental services, general ophthalmic services or pharmaceutical services under the National Health

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