To ask His Majesty's Government whether, for the purposes of the Economic Activity of Public Bodies (Overseas Matters) Bill, there is a lower limit to (1) the amount or proportion of public funding received by a public body, and (2) the size of such a body using any other metric.
Answered on
3 May 2024
The Economic Activity of Public Bodies (Overseas Matters) Bill applies to public authorities, as defined in section 6 of the Human Rights Act 1998. There is no universal test to determine whether an authority is bound by section 6 of the Human Rights Act and therefore in scope of the Bill. However, indicative factors that have been identified by judges as relevant include: the authority receiving a significant amount of public funding; the authority carrying out acts in exercise of statutory powers; and the authority exercising a task which is in the public interest. Although there is no lower limit to the size of a public authority, nor the amount of public funding that a public authority can receive, judges have already clarified that receiving public funding does not, on its own, mean a body is a public authority under section 6, nor exercising public functions. Ultimately, the courts would decide on individual cases depending on the particular circumstances.