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FOI full exemptions guidance

Section 31- Law Enforcement

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Chapter 07: Section 31(1)(g) - functions of a public authority

A public authority's functions are all the things it has the power or duty to do. Functions may be general or specific, and may derive from statute or from the exercise of the prerogative.

The nature of the "purposes" in subsection (2) are indicative of the sorts of functions which are most likely to engage section 31(1)(g). All of these purposes have to do in a general sense with systems for ensuring that proper standards of conduct and safety are complied with, so the functions in question are likely to be connected with the enforcement of those standards. Some public authorities have a clear remit to investigate and enforce certain standards of behaviour, such as HSE and professional bodies such as the General Medical Council. The functions will in these cases be central to those authorities' activities.

But the Act does not limit the functions to which these provisions apply to the central functions of public authorities They merely need to be functions exercised for a relevant purpose. There is no basis for artificially limiting their application. For example, all government departments are very likely to exercise functions for the purposes of:

There is a general public interest in ensuring that public authorities are able to carry out their functions properly. There is a particularly strong public interest in public authorities being able to carry out their duties. It is likely to be in only the most exceptional circumstances that it will be appropriate to prejudice the discharge of a legal duty. But there is also a public interest in the proper exercise of discretionary functions. In addition there is a public interest in public authorities being accountable to the public in ensuring that the law enforcement purposes referred to subsection (2) are pursued appropriately and that robust systems are in place to prevent and detect unlawfulness, impropriety or unnecessary health and safety risks. The nature of the function and the purpose in question will of course be highly relevant.

This aspect of section 31 has some potential for overlap with section 36 (effective conduct of public affairs).



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