Reply to: when is a public company not a public company Private/Public parnerships

[Andy Hallett]

when is a public company not a public company Private/Public parnerships

EU government orgs aren't subject to the FOI act, they're subject to an EC regulation which is the counterpart of the FOI act and which does essentially the same thing.

Why is that so difficult to understand?

It may well be a counterpart, but is completely unrelated and irrelevant for the purposes of this legislation.

#TeamCojak

[cojak]

EU government orgs aren't subject to the FOI act, they're subject to an EC regulation which is the counterpart of the FOI act and which does essentially the same thing.

Why is that so difficult to understand?

If. They. Aren't. Listed. In. The. FOI. Act. Then. They. Aren't. Affected. By. This. Legislation.

[jamesbrown]

All of which is in the thread I posted.

Exactly....I don't know why people are still struggling with this. It's all in black-and-white in the amended ITEPA (for the Finance Act 2017) and the corresponding FOI Act references. There's a lot of ambiguity in the revised legislation, but I really can't see any ambiguity about the definition of PS. It's also worth noting that PS bodies with specific exclusions under the FOI are still PS organisations for the purposes of the revised IR35 legislation. A PS organisation needs to be outside of the scope of the Act to be not a PS organisation for the purposes of the new IR35 legislation.

[PS oh noes]

EU government orgs aren't subject to the FOI act, they're subject to an EC regulation which is the counterpart of the FOI act and which does essentially the same thing.

Why is that so difficult to understand?

[cojak]

Why is this so difficult? The definition of "Public Sector" for the purposes of the amended ITEPA is the FOI Act 2000 and the FOI (Scotland) Act 2002 (see 61L, Meaning of "public authority"). It isn't organisations that are "Public Sector" by some other definition. It isn't organisations that are subject to something "like the FOI Act 2000". It isn't PS organisations that are not subject to the FOI Act 2000. It is precisely the organisations listed in the FOI Act 2000 or the FOI (Scotland) Act 2002, nothing more, nothing less.

All of which is in the thread I posted.

[jamesbrown]

So in your sweeping statement you're saying the EC reg they're subject to is 100% the same thing as FOI and therefore applies?

Why is this so difficult? The definition of "Public Sector" for the purposes of the amended ITEPA is the FOI Act 2000 and the FOI (Scotland) Act 2002 (see 61L, Meaning of "public authority"). It isn't organisations that are "Public Sector" by some other definition. It isn't organisations that are subject to something "like the FOI Act 2000". It isn't PS organisations that are not subject to the FOI Act 2000. It is precisely the organisations listed in the FOI Act 2000 or the FOI (Scotland) Act 2002, nothing more, nothing less.

[cojak]

So in your sweeping statement you're saying the EC reg they're subject to is 100% the same thing as FOI and therefore applies?

No - Read that short thread and you will find your answer.

[PS oh noes]

We've already tackled this question: Public Sector or not?

So in your sweeping statement you're saying the EC reg they're subject to is 100% the same thing as FOI and therefore applies?

[cojak]

We've already tackled this question: Public Sector or not?

[PS oh noes]

Are they part of the FOI?

They're subject to an EC regulation that does the same thing as FOI, not sure if it carries the same weight though.

[northernladuk]

How about EU government orgs....?

Are they part of the FOI?

[PS oh noes]

How about EU government orgs....?

[northernladuk]

Thread about 20 down answers this.
http://forums.contractoruk.com/showthread.php?t=118641

[Andy Hallett]

If they are subject to FOI Act, they are in scope.

This.

RBS is publically owned for the most part, but is not subject to FOI. (Google is your friend for the reasons why)

[teapot418]

Several state bodies seem to exist as public/private partnerships with HM government for example only owning 49% of the shares, for the new Public Sector IR 35 rules, were do such beasts fit in to the grand scale of doing things?

If they are subject to FOI Act, they are in scope.