Community Empowerment (Scotland) Act 2015

21 Meaning 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).

(2) 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.

(3) 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.

(4) 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.

(8) Subsection (9) applies where the Scottish Ministers make an order under subsection (3).

(9) 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.