PART 3PARTICIPATION REQUESTS
Key definitions
21Meaning of “public service authority”
1
In this Part, “public service authority” means—
a
a person listed, or of a description listed, in schedule 2, or
b
a person mentioned in subsection (3).
I12
The Scottish Ministers may by order modify schedule 2 so as to—
a
remove an entry listed in it,
b
amend an entry listed in it.
I13
The person is a person—
a
that is designated as a public service 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 public service authorities by such an order for the purposes of this Part.
I14
An order under subsection (3) may designate a person, or 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 public service authorities.
6
For that purpose, a company is wholly owned by one or more public service authorities if it has no members other than—
a
the public service authority or (as the case may be) authorities,
b
other companies that are wholly owned by the public service authority or (as the case may be) authorities, or
c
persons acting on behalf of—
i
the public service authority or (as the case may be) authorities, or
ii
such other companies.
7
In this section, “company” includes any body corporate.
I18
Subsection (9) applies where the Scottish Ministers make an order under subsection (3).
I19
The Scottish Ministers may specify in the order a public service that is or may be provided by or on behalf of the person designated, or (as the case may be) a person falling within the class designated, in respect of which a specified outcome may not be specified in a participation request.