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"Information" & "Held"

The right of access under FOI is to information held by a listed public authority at the time the request is received.

"Information" is defined in section 5 and  includes information recorded in any form.

"Information" is “held” by a public authority if it is held —
(a) by that public authority, otherwise than on behalf of another person; or
(b) by another person for or on behalf of that public authority

The Code of Practice also provides guidance on the interpretation of "held" on pages 4-5.  The Code of Practice states:

"An Authority does not have to control the information or own the information. The test is whether anyone would say, on the facts of a particular case, that an Authority holds it."