Valid from 15/06/2015

PART 1 S Rights of children

Valid from 01/04/2017

3 Authorities to which section 2 applies S

(1) The authorities to which section 2 applies are the persons listed, or persons within a description listed, in schedule 1.

(2) The Scottish Ministers may by order modify schedule 1 by—

(a) adding a person or description of persons,

(b) removing an entry listed in it, or

(c) varying an entry listed in it.

(3) An order under subsection (2)(a) may—

(a) add a person only if the person falls within subsection (4),

(b) add a description of persons only if each of the persons within the description falls within subsection (4).

(4) A person falls within this subsection if the person—

(a) is part of the Scottish Administration,

(b) is a Scottish public authority with mixed functions or no reserved functions (within the meaning of the Scotland Act 1998), or

(c) is a publicly owned company.

(5) In subsection (4)(c), “publicly owned company” means a company that is wholly owned by—

(a) the Scottish Ministers, or

(b) a person listed, or a person within a description listed, in schedule 1.

(6) For the purpose of subsection (5), a company is wholly owned—

(a) by the Scottish Ministers if it has no members other than—

(i) the Scottish Ministers or other companies that are wholly owned by them, or

(ii) persons acting on behalf of the Scottish Ministers or of such other companies,

(b) by a person listed, or a person within a description listed, in schedule 1 if it has no members other than—

(i) the person or other companies that are wholly owned by the person, or

(ii) persons acting on behalf of the person or of such other companies.

(7) In this section, “company” includes any body corporate.