What is a public authority?

Published by a UUÂãÁÄÖ±²¥ Public Law expert
Practice notes

What is a public authority?

Published by a UUÂãÁÄÖ±²¥ Public Law expert

Practice notes
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There is no single, universal answer to the question whether a particular organisation is treated, in law, as a Public authority.

Rather, on one hand the courts have developed case law on which bodies are subject to administrative law through the Judicial review procedure; and Parliament has defined in a variety of ways those public bodies about whom it has intended to legislate for specific purposes such as the Human Rights Act 1998 (HRA 1998), and the Freedom of Information Act 2000 (FIA 2000).

Judicial review

Judicial review is the primary judicial procedure by which individuals and firms can seek a remedy against abuses of power by public authorities. It is a public law remedy, aimed only at controlling the use of powers of a public nature.

Most judicial review claims are brought against those clearly involved in the exercise of public power, such as ministers, government departments and agencies, devolved administrations and legislatures, local authorities, health and education authorities, police and prison services. These bodies are, broadly speaking, those who are also 'core public authorities'

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Jurisdiction(s):
United Kingdom
Key definition:
Public authority definition
What does Public authority mean?

A body substantially publicly funded which performs statutory duties, objectives and other activities consistent with central or local governmental functions.

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