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6 Publicly-owned companies.U.K.

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(1)A company is a “publicly-owned company” for the purposes of section 3(1)(b) if—

(a)it is wholly owned by the Crown, F1...

(b)it is wholly owned by [F2the wider public sector] [F3, or

(c)it is wholly owned by the Crown and the wider public sector.]

[F4(2)For the purposes of this section—

(a)a company is wholly owned by the Crown if, and only if, every member is a person falling within sub-paragraph (i) or (ii)—

(i)a Minister of the Crown, government department or company wholly owned by the Crown, or

(ii)a person acting on behalf of a Minister of the Crown, government department or company wholly owned by the Crown,

(b)a company is wholly owned by the wider public sector if, and only if, every member is a person falling within sub-paragraph (i) or (ii)—

(i)a relevant public authority or a company wholly owned by the wider public sector, or

(ii)a person acting on behalf of a relevant public authority or of a company wholly owned by the wider public sector, and

(c)a company is wholly owned by the Crown and the wider public sector if, and only if, condition A, B or C is met.

(2A)In subsection (2)(c)—

(a)condition A is met if—

(i)at least one member is a person falling within subsection (2)(a)(i) or (ii),

(ii)at least one member is a person falling within subsection (2)(b)(i) or (ii), and

(iii)every member is a person falling within subsection (2)(a)(i) or (ii) or (b)(i) or (ii),

(b)condition B is met if—

(i)at least one member is a person falling within subsection (2)(a)(i) or (ii) or (b)(i) or (ii),

(ii)at least one member is a company wholly owned by the Crown and the wider public sector, and

(iii)every member is a person falling within subsection (2)(a)(i) or (ii) or (b)(i) or (ii) or a company wholly owned by the Crown and the wider public sector, and

(c)condition C is met if every member is a company wholly owned by the Crown and the wider public sector.]

(3)In this section—

  • company” includes any body corporate;

  • Minister of the Crown” includes a Northern Ireland Minister.

  • [F5relevant public authority ” means any public authority listed in Schedule 1 other than—

    a government department, or

    any authority which is listed only in relation to particular information]

Textual Amendments

F2Words in s. 6(1)(b) substituted (1.9.2013) by Protection of Freedoms Act 2012 (c. 9), ss. 103(2)(b), 120 (with s. 97); S.I. 2013/1906, art. 3(b)

F3S. 6(1)(c) and word inserted (1.9.2013) by Protection of Freedoms Act 2012 (c. 9), ss. 103(2)(c), 120 (with s. 97); S.I. 2013/1906, art. 3(b)

F4S. 6(2)(2A) substituted for s. 6(2) (1.9.2013) by Protection of Freedoms Act 2012 (c. 9), ss. 103(3), 120 (with s. 97); S.I. 2013/1906, art. 3(b)

F5Words in s. 6(3) inserted (1.9.2013) by Protection of Freedoms Act 2012 (c. 9), ss. 103(4), 120 (with s. 97); S.I. 2013/1906, art. 3(b)

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