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Regulation 3A Meaning of public authorityF1

(1)

In these Regulations “public authority” means—

(a)

a public authority as defined by the Freedom of Information Act 2000,

(F2aa)

a body specified in section 23(3) of the Freedom of Information Act 2000,

(b)

a Scottish public authority as defined by the Freedom of Information (Scotland) Act 2002,

(F3ba)

the Advanced Research and Invention Agency,

(c)

the Corporate Officer of the House of Commons,

(d)

the Corporate Officer of the House of Lords,

(e)

the National Assembly for Wales Commission, F4...

(f)

the Northern Ireland Assembly CommissionF5, or

(g)

a company connected with any person mentioned in sub-paragraphs (a) to (f).

(2)

An authority within paragraph (1)(a) or (b) is a public authority for the purposes of these Regulations in relation to all its activities even if provisions of the Act mentioned in that paragraph do not apply to all information held by the authority.

(3)

Paragraph (1) is subject to paragraph (4).

(4)

A primary-healthcare provider is a public authority for the purposes of these Regulations only if the primary-healthcare provider—

(a)

has a registered patient list for the purposes of relevant medical-services regulations,

(b)

is within paragraph 43A in Part 3 of Schedule 1 to the Freedom of Information Act 2000 (providers of primary healthcare services in England and Wales) by reason of being a person providing primary dental services,

(c)

is within paragraph 51 in that Part of that Schedule (providers of healthcare services in Northern Ireland) by reason of being a person providing general dental services, or

(d)

is within paragraph 33 in Part 4 of Schedule 1 to the Freedom of Information (Scotland) Act 2002 (providers of healthcare services in Scotland) by reason of being a person providing general dental services.

(5)

In paragraph (4)—

  • “primary-healthcare provider” means an authority that is within paragraph (1)(a) or (b) only because it is within a relevant paragraph,

  • “relevant paragraph” means—

    1. (a)

      any of paragraphs 43A to 45A and 51 in Part 3 of Schedule 1 to the Freedom of Information Act 2000, or

    2. (b)

      any of paragraphs 33 to 35 in Part 4 of Schedule 1 to the Freedom of Information (Scotland) Act 2002, and

  • “relevant medical-services regulations” means any of the following—

    1. (a)

      the Primary Medical Services (Sale of Goodwill and Restrictions on Sub-contracting) Regulations 2004,

    2. (b)

      the Primary Medical Services (Sale of Goodwill and Restrictions on Sub-contracting) (Wales) Regulations 2004,

    3. (c)

      the Primary Medical Services (Sale of Goodwill and Restrictions on Sub-contracting) (Scotland) Regulations 2004, and

    4. (d)

      the Primary Medical Services (Sale of Goodwill and Restrictions on Sub-contracting) Regulations (Northern Ireland) 2004.

Annotations

Textual amendments

F1

Reg. 3A substituted (18.5.2017) by The Social Security (Miscellaneous Amendments No. 3) Regulations 2017 (S.I. 2017/613), regs. 1, 2(2)

F2

Reg. 3A(1)(aa) inserted (6.4.2021) by The Social Security Contributions (Intermediaries) (Miscellaneous Amendments) Regulations 2020 (S.I. 2020/1220), regs. 1(1)(3), 2(3)(a) (with reg. 5)

F3

Reg. 3A(ba) inserted (25.1.2023) by Advanced Research and Invention Agency Act 2022 (c. 4), s. 13(1), Sch. 3 para. 16(1); S.I. 2023/58, reg. 2

F4

Word in reg. 3A(1)(e) omitted (6.4.2021) by virtue of The Social Security Contributions (Intermediaries) (Miscellaneous Amendments) Regulations 2020 (S.I. 2020/1220), regs. 1(1)(3), 2(3)(b) (with reg. 5)

F5

Reg. 3A(1)(g) and word inserted (6.4.2021) by The Social Security Contributions (Intermediaries) (Miscellaneous Amendments) Regulations 2020 (S.I. 2020/1220), regs. 1(1)(3), 2(3)(c) (with reg. 5)

Notes on Part 1

Textual amendments

F1

Pt. 1 heading substituted (6.4.2021) by The Social Security Contributions (Intermediaries) (Miscellaneous Amendments) Regulations 2020 (S.I. 2020/1220), regs. 1(1), 2(2) (with reg. 5)