The CRC Energy Efficiency Scheme Order 2013

SECTION 1 Interpretation

Public bodies

1.  In this Order, “public body” means a public body described in this section.

Public authorities and the National Assembly for Wales Commission

2.—(1) A public authority is a public body.

(2) In sub-paragraph (1), a “public authority” means—

(a) a public authority within the meaning of section 3(1)(a) of the 2000 Act; and

(b) a Scottish public authority within the meaning of section 3(1)(a) of the Freedom of Information (Scotland) Act 2002(1) (“the 2002 Act”),

but not any such authority listed in sub-paragraph (4) or paragraph 4.

(3) Where a public authority is included within the 2000 Act or the 2002 Act subject to a limitation, that limitation does not apply in respect of this Order.

(4) The public authorities referred to in sub-paragraph (2) are—

(a) the House of Commons;

(b) the House of Lords;

(c) the force or any unit described in sub-paragraph (a) or (b) of paragraph 6 (the armed forces of the Crown) of Schedule 1 to the 2000 Act;

(d) a person described in paragraph 64 (persons nominating special constables) of Schedule 1 to the 2000 Act;

(e) the National Assembly for Wales.

(5) The National Assembly for Wales Commission is a public body(2).

Public bodies: bodies corporate

3.—(1) A body corporate is a public body where it is a body in which a public body under paragraph 2 is a majority member.

(2) A public body is a majority member of a body (“body A”) under sub-paragraph (1) where—

(a) the member;

(b) a person acting on behalf of the member; or

(c) a body corporate in which the member or person acting on its behalf is a majority member,

(any of whom is “person B”) satisfies the provisions in sub-paragraph (3).

(3) The provisions referred to in sub-paragraph (2) are—

(a) person B holds a majority of the voting rights in body A;

(b) person B is a member of body A and has the right to appoint or remove a majority of its board of directors; or

(c) person B is a member of body A and controls alone, pursuant to an agreement with other members, a majority of the voting rights in body A.

Public bodies: proprietors of Academies and colleges

4.—(1) The proprietor of—

(a) an Academy;

(b) a city technology college or city college for the technology of the arts,

is a public body.

(2) Where—

(a) a proprietor described in sub-paragraph (1) is the proprietor of more than one Academy or college; and

(b) those Academies or colleges are situated in more than one local authority area,

the proprietor is a separate public body in respect of those Academies or colleges in different local authority areas.

(3) Where a proprietor would be required to register as a participant under Part 2—

(a) if it were not a public body under sub-paragraph (1); and

(b) excluding the scheme activities in respect of which it is such a public body,

the proprietor is, as applicable, a separate public body or undertaking in respect of its other scheme activities.

Public bodies: one public body part of another

5.—(1) Except where paragraph 4(2) or (3) applies, where a public body (“A”) is part of another public body (“B”)—

(a) A is not a public body; and

(b) B including A is a public body.

(2) A government department is not part of another government department.

(1)

2002 asp 13.

(2)

The Commission was established under section 27 of the Government of Wales Act 2006 (c. 32).