Freedom of Information Act 2000:
Designation of additional public authorities
A response from CCPR
CCPR welcomes the opportunity to contribute to this consultation which seeks to increase
access to information, where this would be of benefit to the public.
CCPR is the representative body for 270 national sport and recreation organisations,
including the governing bodies of sport. CCPR exists to promote the role of sport and
recreation in healthy and active lifestyles, to encourage a policy and regulatory environment
in which sport and recreation can flourish and to provide high quality services to help its
members to continually improve and progress.
The sport and recreation context
There is no primary statutory requirement for public authorities to provide sport and
recreation. However, the performance management framework for local authorities does
take into account the authority’s provision of sport and recreation to its residents. Many local
authorities secure such provision from private sector contractors.
In addition to the provision outlined above, much sport and recreation provision is of a
voluntary nature, provided by a network of some 151,000 community sports clubs throughout
the UK. These sports clubs are affiliated to their National Governing Body (NGB), all of
which are independent non-statutory bodies that exist to promote and develop their
respective sport. CCPR works on behalf of these NGBs, a full list of which is attached at
Appendix 1.
NGBs vary greatly in terms of the resources at their disposal and their sources of income.
Some organisations benefit from a comprehensive staffing structure and significant income
from commercial sources such as sponsorship and the sale of broadcasting rights. Others
have no paid staff and support their administrative function through subscriptions alone. The
vast majority are positioned between these extremes and benefit from some paid staff and
income derived from subscriptions, commercial partnerships and public grant-in-aid.
The key providers of public grant-in-aid are the home country Sports Councils and UK Sport.
These organisations are already designated as public authorities under the FOI Act 2000
(with the exception of sportscotland, which is covered under parallel Scottish legislation).
The primary purpose of the home country Sports Councils is to increase grass-roots
participation in sport, whilst UK Sport supports elite level sport. The sports councils provide
grant-in-aid funding to a number of NGBs as a means to achieve their objectives, and
measure the success of this investment via a series of Key Performance Indicators.
CCPR’s response to the consultation questions is informed by the context within which the
National Governing Bodies of sport (NGBs) operate, as outlined above. In summary, NGBs
do not perform functions of a public nature, nor do they provide services to a public authority
that are functions of that authority. As such CCPR does not believe it is appropriate to
extend the Act to National Governing Bodies of sport.
Question 1. Do you support extending the coverage of the FOI Act to organisations that
carry out functions of a public nature and to contractors who provide services to a public
authority whose provision is a function of that public authority?
Comments:
CCPR believes that greater clarity is required with regard to these definitions.
Functions of a Public Nature
The key function of a governing body of sport, regardless of its size and resource is to
provide the regulatory framework within which the sport takes place. This encompasses
setting the rules of the game itself, and devising the training and qualifications necessary for
the players, officials and coaches which enable the sport to function. NGBs conduct these
functions entirely independently of the state, and receive no public funding to do so. The
non-statutory nature of sports governance is supported by legal precedents which have ruled
that NGBs are not subject to judicial review, due to their private nature (R v Disciplinary
Committee of the Jockey Club ex parte Aga Khan [1993]; R (on the application of Mullins) v
Appeal Board of the Jockey Club [2005].
Services to a public authority, whose provision is a function of that public authority
National governing bodies perform their functions for the benefit of their sport and do not
provide services that are a function of a public authority. Whilst some NGBs receive public
funding from the Government’s sports councils, they do not receive this in order to carry out
the functions of the sports councils.
The functions of the Sports Councils are laid out within their Royal Charters, and their
current funding is aligned with the achievement of the Public Service Agreements of their
sponsoring government department. These documents allow the Sports Councils to consider
how best to achieve their aims and objectives, and the sports councils have historically
chosen to invest some of their resource in development programmes operated by governing
bodies of sport plus a range of other partners. This is a very different scenario to that
described in the consultation document, whereby local authorities, which previously may
have operated a range of services (e.g. children’s homes) in-house now out-source these.
A key condition of Sports Council grant-in-aid is that the NGB in question will provide the
relevant Sports Council with performance data related to the particular funded programme.
CCPR believes that this data, which is sufficient to satisfy the funding body (which is itself
subject to FOI) should also meet the needs of the public, and that it would be
disproportionate to make NGBs subject to the Act according to this criterion.
Question 2. Of the five proposed options, which do you consider the best option? Or would
some other option, or combination of options, be preferable? Please explain your reasoning.
Comments:
As outlined above NGBs are non-statutory organisations and perform their
regulatory role primarily within a voluntary environment. Those in receipt of public funding
are accountable for this via the performance data they provide to their funder. As such
CCPR does not believe they should be brought within the scope of the Act.
CCPR does not wish to recommend one of the specified options without further definition
regarding functions of a public nature and service to a public authority, as it would not want
NGBs to be inadvertently brought within the scope of the Act.
Question 3. Should some form of public funding be essential in order for an organisation to
be considered for inclusion in a section 5 order, or should this be just one of a number of
relevant factors to be considered?
Comments: The receipt of public funding and the performance of public functions are both
key criteria that should be considered.
Question 4. Are there any organisations or categories of organisations that do not receive
public funding but that you believe should be covered by the Act? Please explain why.
Comments:
No.
Question 5. Do you agree that the balance between the public interest and the potential
burden of FOI is an appropriate consideration when deciding whether to cover an
organisation?
Comments:
This is an absolutely crucial consideration. As highlighted within the
consultation document, it would be detrimental to bring organisations within the scope of the
Act, if as a result they were deterred from engaging in activity of public benefit. In the case of
sport and recreation, many NGBs are already facing significant administrative burdens
relating to child protection, equality and quality assurance. These burdens are justifiable in
that they help take sport to a wider audience and ensure a safe and enjoyable experience.
However, inclusion within the FOI would bring a further administrative burden with no
obvious public benefit to participants or the public.
Question 6. To what extent do you think that the factors listed, or any other factors, should
be taken into account in determining whether organisations performing public functions
should be brought within the ambit of the Act?
Comments:
Each factor is addressed in turn as follows:
The amount of public funding
CCPR accepts that where an organisation is in receipt of public funding, it should be fully
accountable for this. A number of CCPR member organisations are in receipt of public
funding via the Sports Councils and are accountable to their funders for this. As the funder is
itself subject to FOI, CCPR sees no reason to include the funded organisation within the
scope of the Act, as all relevant information is available from the funder.
CCPR fully agrees that where levels of funding are small, the bureaucracy incurred through
bringing the funded organisation within scope of the Act would fully outweigh the public
interest achieved through doing so.
The extent to which the function is seen as a core function of the state
CCPR agrees that there may be a stronger argument for bringing organisations delivering
state functions within the scope of the Act. A very clear definition of ‘core function of the
state’ would be needed before doing so however. CCPR would argue that this should be
where a statutory duty to provide a function exists in primary legislation.
FOI coverage of comparable organisations in the same sector
Superficially this seems a fair criterion aimed at achieving a level playing field within any
given sector. However, it runs contrary to other considerations such as the size of an
organisation and its resources. For instance, the burden of bringing a small charity which
operates a single care home on behalf of a local authority within the scope of the Act is likely
to be disproportionate, whereas it may be reasonable to bring a nationwide charity
contracting with many authorities within scope.
The nature of the organisation
This seems a loose definition which to an extent duplicates the criterion regarding ‘a core
function of the state’. As outlined above CCPR would suggest that the criterion should relate
to whether the organisation provides a statutory service as defined in primary legislation.
The size of the organisation
CCPR agrees that this should be a core consideration, and that the burden of the Act may
be disproportionate for small organisations. As outlined above, many governing bodies are
operated entirely by volunteers or have less than 20 paid staff (e.g. Cycling Time Trials,
Modern Pentathlon Association of GB, Baseball Softball UK). Ministry of Justice figures from
2006 indicate that the average number of non-routine FOI requests per public authority is 67
per calendar month. It is inconceivable that these bodies would have the resources to
comply with FOI requirements.
Notwithstanding this, organisational size should be a secondary consideration to whether the
function itself is relevant, as regardless of scale and resource, all NGBs fulfil the same nonstatutory role on behalf of their sport.
Any effect on competition
This is a reasonable consideration; however, CCPR believes that the greater issue is the
effect on provision within any given sector. If the burden of the Act is disproportionate to
service providers they may then relinquish provision of the service that brings them in scope.
The level of existing regulation
CCPR would agree that where a sector is already regulated there is less need for inclusion
within the Act. CCPR would also suggest that where there are clear lines of accountability
between funders or commissioners, (who themselves are subject to the Act,) then again
there is less need for inclusion.
Question 7. Do you agree that the coverage of FOI should extend to contractors who
provide services under contract with a public authority whose provision is a function of that
authority? If you disagree, please give your reasons.
Comments:
CCPR understands the rationale for including organisations which, under
contract, discharge a function of a public authority, whilst excluding suppliers who simply
enable a public authority to function.
As stated in question 1, NGBs do not provide services which are a function of a public
authority.
Question 8. Do you agree that information relating to an organisation’s administration of a
public service or function, for example in the areas listed in paragraph 33, should be subject
to FOI? If not, please give your reasons.
Comments:
CCPR believes that the inclusion of details regarding staffing and disciplinary
procedures and record management would require very careful consideration from a data
protection perspective.
Further to this data collection and analysis are key to effective administration and
preparation in elite level sport. NGBs therefore hold significant amounts of personal data
about athletes (psychological and physiological profiles, performance records etc). Two
NGBs (the British Canoe Union and Amateur Boxing Association) have recently suffered
illegal attempts to access this data, which would be of great value to competitor nations. If
such information were made subject to FOI this could greatly prejudice preparations for the
Beijing and London Olympiads.
Question 9. Which organisations, or types of organisations, do you believe should be
considered for inclusion in any extension of FOI under s.5 of the Act, and why?
Comments:
inclusion.
CCPR does not at this stage wish to suggest any further organisations for
We would welcome responses to the following questions set out in this consultation paper.
Please email your completed form to: informationrights@justice.gsi.gov.uk, or fax to: 020
7210 7777. Thank you.
Appendix 1: List of CCPR Member Organisations
Air Training Corps Sports Council
Amateur Boxing Association
Amateur Swimming Association
Army School of Physical Training
Association for Physical Education
Association of Golf Club Secretaries
Association of School and College Leaders
Auto-Cycle Union
Baseball-Softball UK
British Aikido Board
British and Irish Basketball Federation
British Association for Shooting & Conservation
British Association of Sport and Exercise Sciences
British Balloon and Airship Club
British Bobsleigh Association
British Canoe Union
British Cheerleading Association
British Cycling Federation
British Darts Organisation Ltd
British Dressage
British Equestrian Vaulting
British Federation of Sand and Land Yacht Clubs
British Gliding Association
British Gymnastics
British Hang Gliding and Paragliding Association
British Horseracing Authority
British Judo Association
British Long Distance Swimming Association
British Microlight Aircraft Association
British Motorcyclists' Federation
British Orienteering Federation
British Paralympic Association
British Schools' Judo Association
British Show Jumping Association
British Ski and Snowboard Federation
British Sub-Aqua Club (The)
British Table Tennis Association for Disabled People
British Tenpin Bowling Association
British Universities Sports Association
British Weight Lifters' Association
British Wheelchair Sports Foundation
BSES Expeditions
C P Sport
Canoe-Camping Club
Chief Leisure Officers Association
Civil Service Sports Council
Coal Industry Social Welfare Organisation
Combined Services Sports Board
Countrywide Holidays Association
Cycling Time Trials
Dalcroze Society
Duke of Edinburgh's Award
England and Wales Cricket Board
All Wheel Drive Club
Amateur Rowing Association
Army Cadet Force Association
Army Sport Control Board
Association of British Riding Schools
Association of Masters of Harriers and Beagles
Association of Teachers and Lecturers
Badminton England
Boys' Brigade (The)
British Amateur Rugby League Association
British Association for Physical Training
British Association of Sport and Exercise Medicine
British Association of Teachers of Dancing
British Blind Sport
British Boxing Board of Control
British Caving Association
British Colleges - Sport
British Dance Council
British Dragon Boat Racing Association
British Equestrian Federation
British Eventing
British Fencing Association
British Go Association
British Handball Association
British Horse Driving Trials Association
British Horse Society
British Ju-Jitsu Association
British Masters Athletic Federation
British Model Flying Association
British Mountaineering Council
British Parachute Association
British Petanque Association
British Schools' Tennis Association
British Skeleton
British Ski Club for the Disabled
British Surfing Association
British Tennis Foundation
British Triathlon Association
British Water Ski
British Wheel of Yoga
British Wrestling
Byways and Bridleways Trust
Camping and Caravanning Club
Channel Swimming and Piloting Federation
Church Lads' and Church Girls' Brigade
Clay Pigeon Shooting Association
College of Chinese Physical Culture
Countryside Alliance
Croquet Association (The)
Cyclists' Touring Club
Dolmetsch Historical Dance Society
East Midlands Federation of Sport and Recreation
England Basketball
England Hockey
England Squash
English Bowling Association
English Bowls Players Association
English Chess Federation
English Folk Dance and Song Society
English Ice Hockey Association
English Lacrosse Association
English Schools' Cricket Association
English Table Tennis Association
English Women's Bowling Association
Extend Exercise Training Ltd
Federation of South West Sports Organisations
Fire Service Sport & Athletics Association
Football Association (The)
Football Foundation (The)
GB Hockey Inline
Girlguiding UK
Golf Foundation (The)
Great Britain Diving Federation
Green Lane Association (GLASS)
Headmasters' Conference
Ice Hockey Players Association
IMBA UK
Inland Waterways Association
Institute of Groundsmanship
Institute of Sport and Recreation Management
Jewish Lads' and Girls' Brigade
Keep Fit Association
Ladies' Golf Union
Lawn Tennis Association
London Federation of Sport and Recreation
Long Distance Walkers Association Ltd
Margaret Morris Movement
Mini-Basketball England
Modern Pentathlon Association of Great Britain
Mountain Leader Training England
National Association of Clubs for Young People
National Association of Head Teachers
National Association of Schoolmasters & Union of
Women Teachers
National Confederation of Parent Teacher Associations
National Council for School Sport
National County Sports Partnership Network
National Federation of Anglers
National Federation of Women's Institutes
National Greyhound Racing Club
National Playing Fields Association
National Roller Hockey Association
National School Sailing Association
National Stoolball Association
North East Federation of Sport and Recreation
Open Spaces Society
Police Sport UK
Professional Association of Teachers
Professional Golfers' Association
England Netball
English Amateur Dancesport Association
English Bowling Federation
English Bridge Union
English Federation of Disability Sport
English Golf Union
English Indoor Bowling Association
English Schools' Athletic Association
English Schools' Football Association
English Volleyball Association
English Women's Indoor Bowling Association
Federation of Eastern Sport
Federation of Yorkshire Sport
Fitness League (The)
Forest School Camps
Get Fit Foundation
Girls' Venture Corps Air Cadets
Grand National Archery Society
Great Britain Wheelchair Basketball Association
Guild of Professional Teachers of Dancing
HF Holidays
Ice Hockey UK
Imperial Society of Teachers of Dancing
Institute for Outdoor Learning
Institute of Leisure and Amenity Management
International Dance Teacher's Association
Karate England
Laban Guild for Movement and Dance
Language of Dance Centre
Local Government Association
London Fire Brigade Welfare Fund
Maccabi GB
Medau Society
Model Yachting Association
Motor Sports Association
National Association for Sports Development
National Association of Fisheries and Angling Consultatives
National Association of Karate and Martial Art Schools
National Association of Teachers of Dancing
National Council for Metal Detecting
National Council for Voluntary Organisations
National Deaf Childrens Society
National Federation of Sea Anglers
National Golf Clubs' Advisory Association
National Ice Skating Association UK Ltd
National Rifle Association
National Rounders Association
National Small-Bore Rifle Association
National Union of Teachers
Northern Counties Dance Teachers' Association Ltd
PGA European Tour
Pony Club (The)
Professional Cricketers' Association
Professional Golfers' Associations of Europe
Racecourse Association (The)
RAF School of Physical Training
Ramblers' Association
River & Lake Swimming Association
Royal Aero Club
Royal Life Saving Society
Royal Scottish Country Dance Society
Rugby Football League
Rugby Football Union for Women
Scottish Equestrian Association
Sea Cadet Association
Society for International Folk Dancing
Sports and Recreation Trusts Association (The)
Sports Officials UK (SOUK)
sportscoach UK
Stage Dance Council International
Supporters Direct
Swimming Teachers' Association
Tchoukball Association of Great Britain
Torch Trophy Trust
UK Alliance
UK Sports Association for People with Learning
Disabilities
United Kingdom Cheerleading Association
West Midlands Federation of Sport and Recreational
Organisations
Woodcraft Folk (The)
YHA (England & Wales) Ltd
RAF Directorate of Physical Education
RAF Sports Board
Recreation Managers' Association of Great Britain
Royal Academy of Dance
Royal and Ancient (The)
Royal Naval and Royal Marine Sports Control Board
Royal Yachting Association
Rugby Football Union
Salmon and Trout Association
Scout Association (The)
Snowsport England
Special Olympics GB
Sports Leaders UK
Sports Volunteering North West Limited
St John Ambulance Cadets
Sub Aqua Association
Surf Life Saving Association of Great Britain
Tall Ships Youth Trust
Tennis and Rackets Association
Trail Riders Fellowship
UK Athletics
UK Ultimate Association
University & College Sport
Women's Sports Foundation
World Professional Billiards & Snooker Association
Young Explorers' Trust