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(1)This section applies for the purposes of sections 21 to 25 and this section.
(2)“Business activities” means any activities carried on—
(a)by a business for the purposes of the business, or
(b)by a voluntary or community body for the purposes of the body.
(3)References to a business or a voluntary or community body do not include a business or a voluntary or community body which—
(a)is controlled by a public authority, or
(b)is acting on behalf of a public authority in carrying out the activities.
(4)The Secretary of State must publish a statement as to how it is to be determined whether a business or a voluntary or community body is controlled by a public authority.
(5)Each of the following is a “voluntary or community body”—
(a)a trade union;
(b)an unincorporated body which does not distribute any surplus it makes to its members;
(c)a charity;
(d)a company limited by guarantee which does not distribute any surplus it makes to its members;
(e)a registered society within the meaning given by section 1 of the Co-operative and Community Benefit Societies Act 2014;
(f)a society registered or deemed to be registered under the Industrial and Provident Societies Act (Northern Ireland) 1969 (c. 24 (N.I.));
(g)a community interest company;
(h)a charitable incorporated organisation within the meaning of Part 11 of the Charities Act 2011 or within the meaning of the Charities Act (Northern Ireland) 2008 (c. 12 (N.I.));
(i)a Scottish charitable incorporated organisation within the meaning of Chapter 7 of Part 1 of the Charities and Trustee Investment (Scotland) Act 2005 (asp 10).
(6)In this section—
“public authority” has the same meaning as in the Freedom of Information Act 2000 (see section 3 of that Act); and
“trade union” has the meaning given by section 1 of the Trade Union and Labour Relations (Consolidation) Act 1992 or Article 3 of the Industrial Relations (Northern Ireland) Order 1992 (S.I. 1992/807 (N.I. 5)).
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