Canal and River Trust v Information Commissioner and Wolfe: [2023] UKUT 92 (AAC)
Upper Tribunal Administrative Appeals Chamber decision by Judge Jacobs on 12 April 2023.
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Judicial Summary
The Canal and River Trust is a public authority under the Freedom Of Information Act only ‘in respect of information held by it relating to functions exercisable by it by virtue of the British Waterways Board (Transfer of Functions) Order 2012’. The First-tier Tribunal decided that this included functions that had not been, but could have been, exercised by the Trust to hold the information sought. The Upper Tribunal decided that that was wrong. It decided that ‘exercised’ meant possessed by the British Waterways Board before the transfer of the function to the Trust.
Published 17 May 2023