Advice on the 'Qualified Person'
Section 36 of the Freedom of Information Act 2000 (FOIA) relates to information that, if disclosed, would adversely affect the delivery of effective central government and other public services. It requires a determination by a ‘qualified person’.
The exemption from disclosure in section 36 only applies if in the reasonable opinion of a qualified person certain forms of adverse effect would or would be likely to follow from disclosure. This exemption is subject to the FOIA public interest test which means the information can be withheld if the public interest in withholding it outweighs the public interest in disclosure.
Some qualified persons are listed in FOIA itself - in the case of information held by a central government department, for example, a Minister of the Crown acts as the qualified person. In organisations such as non-departmental public bodies, universities and other public authorities, the qualified person should be authorised by a Minister of the Crown before information can be exempted under section 36(2)(b) and 36(2)(c) of FOIA.
Non Departmental Public Bodies and other public authorities under FOIA (other than Universities and Colleges within Universities)
The attached documents confirm that the Chief Executive (or any other person performing a similar function, by whatsoever title known) of the bodies listed in the Annex has been authorised by the Secretary of State for Business, Innovation & Skills and President of the Board of Trade to be the qualified persons under section 36(2)(b) and 36(2)(c) FOIA, in respect of:
- the disclosure of information which could inhibit the free and frank provision of advice or exchange of views in relation to the authority; or
- the disclosure of information which could prejudice the effective conduct of public affairs.
Advice for Non Departmental Public Bodies and other public authorities under FOIA (other than Universities and Colleges within Universities):
Universities and Colleges within Universities
The attached document confirms that Vice Chancellors or Heads of Colleges (where the university has a collegiate structure) have been authorised by the Minister of State for Universities and Science to carry out the role of a Qualified Person under section 36(2)(b) and 36(2)(c) FOIA, in respect of:
- the disclosure of information which could inhibit the free and frank provision of advice or exchange of views in relation to the authority; or
- the disclosure of information which could prejudice the effective conduct of public affairs.
Advice for Universities and Colleges within Universities - Authorisation of a Qualified Person (PDF, 20 Kb)
