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What is a public authority as defined in the EIRs?

All bodies meeting the definition of a public authority as set out in Regulation 2(2) of the EIRs are covered by the EIRs.

The definition of public authority in the EIRs is wider than that in FOI. The public authorities covered by FOI are listed in Schedule 1 of the FOI Act and the coverage can be extended under Section 5 of the Act. All the public authorities that are covered by the FOI Act are also covered by EIRs but the EIRs also include bodies that carry out functions of public administration and bodies that are under the control of a public authority and have responsibilities, exercise functions or provide public services relating to the environment.

It is not practically possible to produce a list of all EIR public authorities as the bodies that fall within the definition of ‘public authorities’ are likely to frequently change e.g. public authorities may change contracts or other control arrangements for third party provision of environmental services; such third parties may become or cease to become public authorities for EIR purposes depending on whether they meet the ‘control’ test set out in the definition. Bodies (including private companies) that provide public services relating to the environment should be aware of the EIRs and the extent to which they may be public authorities for EIR purposes. For more detailed guidance see:

For information, the full definition as given in the regulations is as follows:

  1. Subject to paragraph (3), "public authority" means -
    1. government departments;
    2. 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;

    3. any other body or other person, that carries out functions of public administration; or

    4. any other body or other person, that is under the control of a person falling within sub-paragraphs (a), (b) or (c) and -

      (i) has public responsibilities relating to the environment;

      (ii) exercises functions of a public nature relating to the environment; or

      (iii) provides public services relating to the environment.

  2. Except as provided by regulation 12(10) a Scottish public authority is not a "public authority" for the purpose of these Regulations.

Page last modified: 9 October 2007
Page published: 21 September 2005

Department for Environment, Food and Rural Affairs