There are obvious huge overlaps between condition 5 and 3 in Schedule 2. Many public functions will be legal obligations.
Nevertheless there are at the margins (Venn diagram would be useful here) some distinct areas. There are legal obligations which can fall totally outside condition 5. Complying with a court order in private litigation for example.
There can be public functions which are not legal obligations - discretionary functions of a local authority for example. There ,even if the necessity test is met, the processing is permitted - not required.
I do not think DP has the concept of a public body. Condition 5(d) for example is directed at any person. The real issue I think is what is a 'public function'
Offhand there may well be not much that actually falls within 5(d) as most public functions tend to have a statutory basis somewhere. One possible example would arise from the management of common land . Somtimes this has a statutory basis (e.g. New Forest Verderers) but often will be common law (albeit now complicated by the commons Act 2006 and the possible creation of a statutory commons council). A non-statutory commoners association could, I think do some things where it might need to use 5(d) - and incidentally would be potentially subject to EIR although clearly not a public authority.
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