Section 8 | Part applicable when performing functions as public or private body

(1) For the purposes of this Act, a public body referred to in paragraph (b)(ii) of the definition of “public body” in section 1, or a private body – 

(a) may be either a public body or a private body in relation to a record of that body; and
(b) may in one instance be a public body and in another instance be a private body, depending on whether that record relates to the exercise of a power or performance of a function as a public body or as a private body. 

(2) A request for access to a record held for the purpose or with regard to the exercise of a power or the performance of a function – 

(a) as a public body, must be made in terms of section 11; or
(b) as a private body, must be made in terms of section 50. 

(3) The provisions of Parts 1, 2, 4, 5, 6 and 7 apply to a request for access to a record that relates to a power or function exercised or performed as a public body. 

(4) The provisions of Parts 1, 3, 4, 5, 6 and 7 apply to a request for access to a record that relates to a power or function exercised or performed as a private body.