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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.
[F5 “ relevant 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
F1Word in s. 6(1)(a) repealed (1.9.2013) by Protection of Freedoms Act 2012 (c. 9), ss. 103(2)(a), 120, Sch. 10 Pt. 7 (with s. 97); S.I. 2013/1906, art. 3(b)
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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