"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."