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Community Empowerment (Scotland) Act 2015

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This is the original version (as it was originally enacted).

Key definitions

77Meaning of “community transfer body”

(1)In this Part, “community transfer body” means—

(a)a community-controlled body, or

(b)a body mentioned in subsection (2).

(2)The body is a body (whether corporate or unincorporated)—

(a)that is designated as a community transfer body by an order made by the Scottish Ministers for the purposes of this Part, or

(b)that falls within a class of bodies designated as community transfer bodies by such an order for the purposes of this Part.

(3)Where the power to make an order under subsection (2)(a) is exercised in relation to a trust, the community transfer body is to be the trustees of the trust.

78Meaning of “relevant authority”

(1)In this Part, a “relevant authority” means—

(a)a person listed, or of a description listed, in schedule 3, or

(b)a person mentioned in subsection (3).

(2)The Scottish Ministers may by order modify schedule 3 so as to—

(a)remove an entry listed in it,

(b)amend an entry listed in it.

(3)The person is a person—

(a)that is designated as a relevant authority by an order made by the Scottish Ministers for the purposes of this Part, or

(b)that falls within a class of persons designated as relevant authorities by such an order for the purposes of this Part.

(4)An order under subsection (3) may designate a person, or a class of persons, only if the person or (as the case may be) each of the persons falling within the class is—

(a)a part of the Scottish Administration,

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

(c)a publicly-owned company.

(5)In subsection (4)(c), “publicly-owned company” means a company that is wholly owned by one or more relevant authorities.

(6)For that purpose, a company is wholly owned by one or more relevant authorities if it has no members other than—

(a)the relevant authority or (as the case may be) authorities,

(b)other companies that are wholly owned by the relevant authority or (as the case may be) authorities, or

(c)persons acting on behalf of—

(i)the relevant authority or (as the case may be) authorities, or

(ii)such other companies.

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

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