SCHEDULE 2 Public bodies

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 (“the 2002 Act”),
2002 asp 13.
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;
(f) A local authority in England, within the meaning of section 579 of the Education Act 1996, in respect of every school maintained by the authority.
Sch. 2 para. 2(4)(f) inserted (1.4.2014) by The CRC Energy Efficiency Scheme (Amendment) Order 2014 (S.I. 2014/502), arts. 1(1), 7
(5) The National Assembly for Wales Commission is a public body .
The Commission was established under section 27 of the Government of Wales Act 2006 (c. 32).

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.
Order revoked (with savings) (1.10.2018) by The CRC Energy Efficiency Scheme (Revocation and Savings) Order 2018 (S.I. 2018/841), arts. 1, 3