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Public Records (Scotland) Act 2011

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This is the original version (as it was originally enacted).

2Authorities to which Part 1 applies

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(1)The authorities to which this Part applies are the bodies, office-holders and other persons listed, or of a description listed, in the schedule.

(2)The Scottish Ministers may by order made by statutory instrument amend the schedule by—

(a)adding—

(i)a body, office-holder or other person, or

(ii)a description of bodies, office-holders or other persons,

(b)removing an entry listed in it, or

(c)modifying an entry listed in it.

(3)An order under subsection (2)(a) may add a body, office-holder or other person, or a description of bodies, office-holders or other persons, only if the body, office-holder or person, or (as the case may be) each of the bodies, office-holders or persons within the description, is—

(a)a part of the Scottish Administration,

(b)a Scottish public authority with mixed functions or no reserved functions (within the meaning of the Scotland Act 1998 (c.46)), or

(c)a publicly owned company.

(4)In subsection (3)(c), “publicly owned company” means a company that is wholly owned by—

(a)the Scottish Ministers, or

(b)another authority.

(5)For that purpose, a company is wholly owned—

(a)by the Scottish Ministers if it has no members other than—

(i)the Scottish Ministers or other companies that are wholly owned by the Scottish Ministers, or

(ii)persons acting on behalf of the Scottish Ministers or of such other companies,

(b)by another authority if it has no members other than—

(i)the authority or other companies that are wholly owned by the authority, or

(ii)persons acting on behalf of the authority or of such other companies.

(6)In this section, “company” includes any body corporate.

(7)An order under subsection (2) may—

(a)include consequential, supplementary, incidental, transitional, transitory or saving provision,

(b)modify any enactment.

(8)An order under subsection (2) is not to be made unless a draft of the statutory instrument containing the order has been laid before and approved by resolution of the Scottish Parliament.

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