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.