SA Certification Ltd v The Information Commissioner & Anor

SA Certification Ltd v The Information Commissioner & Anor

SA Certification Ltd is a public authority under regulation 2(2)(c) EIR because it is entrusted with public administrative functions and vested with special powers, specifically the power to certify organic status and to reduce conversion periods, which confer practical advantages beyond private law. These powers are not merely contractual but arise from the regulatory regime and are necessary for the performance of its delegated functions. The existence of these powers, even if exercised through contract, is sufficient to meet the definition, and compulsion is not a necessary element.

Parties
Appellant: SA Certification Ltd; First Respondent: The Information Commissioner; Second Respondent: WildFish Conservation
Jurisdiction
England and Wales
Judgment Date
28 January 2026
Procedural Posture
Appeal / Final Judgment
Outcome
appeal dismissed
Legal Topics
Definition of Public Authority, Special Powers Under EIR, Organic Certification, Access to Environmental Information
Environmental Law Administrative Law Information Rights Definition of Public Authority Special Powers Under EIR Organic Certification Access to Environmental Information

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Parties

SA Certification Ltd

Appellant

The Information Commissioner

First Respondent

WildFish Conservation

Second Respondent

Procedural Posture

Appeal / Final Judgment

Legal Issues

  1. 1 Is SA Certification Ltd a public authority under regulation 2(2)(c) of the Environmental Information Regulations 2004?
  2. 2 Has SA Certification Ltd been vested with special powers for carrying out its public administrative functions?

Ratio Decidendi

SA Certification Ltd is a public authority under regulation 2(2)(c) EIR because it is entrusted with public administrative functions and vested with special powers, specifically the power to certify organic status and to reduce conversion periods, which confer practical advantages beyond private law. These powers are not merely contractual but arise from the regulatory regime and are necessary for the performance of its delegated functions. The existence of these powers, even if exercised through contract, is sufficient to meet the definition, and compulsion is not a necessary element.

Court Disposition

appeal dismissed

Orders

  • SA Certification Ltd is a public authority under regulation 2(2)(c) EIR.
  • SA Certification Ltd must respond to the information request in accordance with EIR within 30 days.