Immigration Act 2016

78 Meaning of “public authority”

(1) Subject as follows, in this Part “public authority” means a person with functions of a public nature.

(2) A person is not a public authority for the purposes of this Part if, apart from this subsection, the person would be a public authority for those purposes merely because the person exercises functions on behalf of another public authority.

(3) A person who exercises functions in relation to Scotland is a public authority for the purposes of this Part in relation to those functions only if and to the extent that those functions relate to a reserved matter.

(4) In subsection (3) “Scotland” and “reserved matter” have the same meanings as in the Scotland Act 1998.

(5) A person who exercises functions in relation to Wales is a public authority for the purposes of this Part in relation to those functions only if and to the extent that those functions relate to a matter which is outside the legislative competence of the National Assembly for Wales.

(6) A person who exercises functions in relation to Northern Ireland is a public authority for the purposes of this Part in relation to those functions only if and to the extent that those functions relate to an excepted matter.

(7) In subsection (6) “Northern Ireland” and “excepted matter” have the same meanings as in the Northern Ireland Act 1998.

(8) The following are not public authorities for the purposes of this Part—

(a) the Security Service;

(b) the Secret Intelligence Service;

(c) the Government Communications Headquarters.

(9) The relevant Minister may by regulations amend subsection (8) so as to add, modify or remove a reference to a person or description of person with functions of a public nature.