Section 4 | Records held by official or independent contractor of public or private body

For the purposes of this Act, but subject to section 12, a record in the possession or under the control of – 

(a) an official of a public body or private body in his or her capacity as such; or
(b) an independent contractor engaged by a public body or private body in the capacity as such contractor, 

is regarded as being a record of that public body or private body, respectively.