Freedom of Information Act 2000 (c. 36) – Section 5 – Further power to designate public authorities.
Sections
Section 5Further power to designate public authorities.
(1) The [F1Secretary of State] [F2or the [F3Minister for the Cabinet Office]] may by order designate as a public authority for the purposes of this Act any person who is neither listed in Schedule 1 nor capable of being added to that Schedule by an order under section 4(1), but who—
- (a)
- (b)is providing under a contract made with a public authority any service whose provision is a function of that authority.
(2) An order under this section may designate a specified person or office or persons or offices falling within a specified description.
(3) Before making an order under this section, the [F1Secretary of State] [F4or the [F5Minister for the Cabinet Office]] shall consult every person to whom the order relates, or persons appearing to him to represent such persons.
(4) This section has effect subject to section 80.
Amended text
This Section is shown as amended by S.I. 2003/1887; S.I. 2015/1897; S.I. 2016/997 (see the annotations below), as incorporated in the text in force on 7 October 2026 as published on legislation.gov.uk.
Annotations
Textual Amendments
- F1 Words in s. 5 substituted (19.8.2003) by The Secretary of State for Constitutional Affairs Order 2003 (S.I. 2003/1887), art. 9, Sch. 2 para. 12(1)(a)
- F2 Words in s. 5(1) inserted (9.12.2015) by The Transfer of Functions (Information and Public Records) Order 2015 (S.I. 2015/1897), art. 1(2), Sch. para. 2(2)(b)
- F3 Words in s. 5(1) substituted (9.11.2016) by The Transfer of Functions (Elections, Referendums, Third Sector and Information) Order 2016 (S.I. 2016/997), art. 1(2), Sch. 2 para. 14(2)(b) (with art. 12)
- F4 Words in s. 5(3) inserted (9.12.2015) by The Transfer of Functions (Information and Public Records) Order 2015 (S.I. 2015/1897), art. 1(2), Sch. para. 2(2)(b)
- F5 Words in s. 5(3) substituted (9.11.2016) by The Transfer of Functions (Elections, Referendums, Third Sector and Information) Order 2016 (S.I. 2016/997), art. 1(2), Sch. 2 para. 14(2)(b) (with art. 12)
Modifications etc. (not altering text)
- C1 S. 5(1)(3) functions made exercisable concurrently (9.12.2015) by The Transfer of Functions (Information and Public Records) Order 2015 (S.I. 2015/1897), arts. 1(2), 3(1), (2)(b) (with art. 5)
https://foia.digiphile.law/article/article-5.html
Text as at 7 October 2026.
This is an unofficial convenience version of the Freedom of Information Act 2000. It is presented “as is” without guarantee of accuracy, completeness or reliability. See the source text for the official version. This site was last updated in October 2026.