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1702569

registered interest
date	19/04/2024
answering body	Cabinet Office
answering dept id	53
answering dept short name	Cabinet Office
answering dept sort name	Cabinet Office
hansard heading	Public Bodies: Finance
house id	2
legislature	25277 pref label House of Lords
question text	To ask His Majesty's Government what is their definition of "public body" for the purposes of the Economic Activity of Public Bodies (Overseas Matters) Bill; and whether this definition includes arts organisations.
tabling member printed	The Earl of Clancarty
uin	HL3971
answer	answer is ministerial correction date of answer 03/05/2024 answer text <p>The Bill applies to a broad range of public bodies to protect community cohesion and ensure a consistent approach to foreign policy. Specifically, the Bill applies to public authorities, as defined in section 6 of the Human Rights Act 1998. Bodies should already be aware if they are bound by section 6 of the Human Rights Act 1998 as this legislation has been on the statute book for 25 years and places wide-ranging obligations on them.</p><p>The definition may include some arts organisations such as some museums and galleries in receipt of significant public funding when they are undertaking certain public functions. As with any general definition in legislation, there are instances where the application of a definition depends on the specific facts of a case and it is ultimately for the courts to decide.</p><p> </p> answering member printed Baroness Neville-Rolfe question first answered 03/05/2024 13:56:22 answering member 4284 label Biography information for Baroness Neville-Rolfe
tabling member	3391 label Biography information for The Earl of Clancarty

1702570

registered interest
date	19/04/2024
answering body	Cabinet Office
answering dept id	53
answering dept short name	Cabinet Office
answering dept sort name	Cabinet Office
hansard heading	Public Bodies: Finance
house id	2
legislature	25277 pref label House of Lords
question text	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.
tabling member printed	The Earl of Clancarty
uin	HL3972
answer	answer is ministerial correction date of answer 03/05/2024 answer text <p>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.</p><p> </p> answering member printed Baroness Neville-Rolfe question first answered 03/05/2024 13:57:14 answering member 4284 label Biography information for Baroness Neville-Rolfe
tabling member	3391 label Biography information for The Earl of Clancarty

1702571

registered interest
date	19/04/2024
answering body	Cabinet Office
answering dept id	53
answering dept short name	Cabinet Office
answering dept sort name	Cabinet Office
hansard heading	Public Bodies: Finance
house id	2
legislature	25277 pref label House of Lords
question text	To ask His Majesty's Government whether, for the purposes of the Economic Activity of Public Bodies (Overseas Matters) Bill, the definition of a "public body" may apply to a single individual person.
tabling member printed	The Earl of Clancarty
uin	HL3973
answer	answer is ministerial correction date of answer 03/05/2024 answer text <p>The Bill applies to public authorities as defined in section 6 of the Human Rights Act 1998.</p><p><strong> </strong></p><p>This means that the Bill will only apply to public authorities and not to individuals in their private capacities. When an individual is acting on behalf of a public authority, they will not be held personally liable for a breach of the ban. Only public authorities can breach the ban.</p><p><strong> </strong></p><p>Cases where this definition may apply to a single individual will be limited to where that individual is themselves a public authority. An example of such a case would be a Secretary of State. In this example, the Secretary of State would only be in scope of the Bill when acting as Secretary of State – and not when acting in their personal capacity.</p><p> </p> answering member printed Baroness Neville-Rolfe question first answered 03/05/2024 13:58:27 answering member 4284 label Biography information for Baroness Neville-Rolfe
tabling member	3391 label Biography information for The Earl of Clancarty