Part 6Freedom of information and data protection
Other amendments relating to freedom of information
I1103Meaning of “publicly-owned company”
1
Section 6 of the Freedom of Information Act 2000 (publicly-owned companies) is amended as follows.
2
In subsection (1)—
a
omit “or” at the end of paragraph (a),
b
in paragraph (b) for the words from “any public authority” to “particular information” substitute “
the wider public sector
”
, and
c
after paragraph (b) insert
, or
c
it is wholly owned by the Crown and the wider public sector.
3
For subsection (2) substitute—
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.
4
In subsection (3), at the end, insert—
“relevant public authority” means any public authority listed in Schedule 1 other than—
a
a government department, or
b
any authority which is listed only in relation to particular information