Recommendation 36

The relevant factors to be applied in order to determine when functions are of a public nature is now a settled matter set out clearly by the case law. As there is no universally agreed test to determine whether a function is of a public nature, the weighing of relevant factors is a matter best left to be determined by the courts. It is therefore unlikely that seeking to redefine “public authorities” in legislation will assist with clarity. If anything, it may risk introducing more ambiguity, as the courts will have to start again with interpreting a new provision. (Paragraph 151) 82 Human Rights Act Reform