"A public authority's functions are all the
things it has the power or duty to do. Functions
may be general or specific, and may derive from
statute or from the exercise of the prerogative.
The nature of the "purposes" in subsection
(2) are indicative of the sorts of functions which
are most likely to engage section 31(1)(g). All
of these purposes have to do in a general sense
with systems for ensuring that proper standards
of conduct and safety are complied with, so the
functions in question are likely to be connected
with the enforcement of those standards. Some public
authorities have a clear remit to investigate and
enforce certain standards of behaviour, such as
HSE and professional bodies such as the General
Medical Council. The functions will in these cases
be central to those authorities' activities.
But the Act does not limit the functions to which
these provisions apply to the central functions
of public authorities They merely need to be functions
exercised for a relevant purpose. There is no basis
for artificially limiting their application. For
example, all government departments are very likely
to exercise functions for the purposes of:
| • |
ascertaining whether any person
has failed to comply with the law |
| • |
ascertaining whether any person
is responsible for any conduct which is improper |
| • |
ascertaining the cause of an accident |
| • |
securing the health, safety and
welfare of persons at work in relation to their
own internal management. |
There is a general public interest in ensuring
that public authorities are able to carry out their
functions properly. There is a particularly strong
public interest in public authorities being able
to carry out their duties. It is likely to be in
only the most exceptional circumstances that it
will be appropriate to prejudice the discharge of
a legal duty. But there is also a public interest
in the proper exercise of discretionary functions.
In addition there is a public interest in public
authorities being accountable to the public in ensuring
that the law enforcement purposes referred to subsection
(2) are pursued appropriately and that robust systems
are in place to prevent and detect unlawfulness,
impropriety or unnecessary health and safety risks.
The nature of the function and the purpose in question
will of course be highly relevant."
