PART 3PARTICIPATION REQUESTS
Key definitions
19Meaning of “community-controlled body”
In this Part, a “community-controlled body” means a body (whether corporate or unincorporated) having a written constitution that includes the following—
a
a definition of the community to which the body relates,
b
provision that the majority of the members of the body is to consist of members of that community,
c
provision that the members of the body who consist of members of that community have control of the body,
d
provision that membership of the body is open to any member of that community,
e
a statement of the body’s aims and purposes, including the promotion of a benefit for that community, and
f
provision that any surplus funds or assets of the body are to be applied for the benefit of that community.
20Meaning of “community participation body”
1
In this Part, “community participation body” means—
a
a community-controlled body,
b
a community council established in accordance with Part 4 of the Local Government (Scotland) Act 1973,
c
a body mentioned in subsection (2), or
d
a group mentioned in subsection (4).
2
The body is a body (whether corporate or unincorporated)—
a
that is designated as a community participation body by an order made by the Scottish Ministers for the purposes of this Part, or
b
that falls within a class of bodies designated as community participation bodies by such an order for the purposes of this Part.
3
Where the power to make an order under subsection (2)(a) is exercised in relation to a trust, the community participation body is to be the trustees of the trust.
4
The group is a group—
a
that comprises a number of individuals who are members of the group,
b
that has no written constitution,
c
that relates to a particular community,
d
membership of which is open to any member of that community,
e
whose decisions are made or otherwise controlled by members of the group who are members of that community, and
f
any surplus funds and assets of which are to be applied for the benefit of that community.
21Meaning of “public service authority”
1
In this Part, “public service authority” means—
a
a person listed, or of a description listed, in schedule 2, or
b
a person mentioned in subsection (3).
2
The Scottish Ministers may by order modify schedule 2 so as to—
a
remove an entry listed in it,
b
amend an entry listed in it.
3
The person is a person—
a
that is designated as a public service authority by an order made by the Scottish Ministers for the purposes of this Part, or
b
that falls within a class of persons designated as public service authorities by such an order for the purposes of this Part.
4
An order under subsection (3) may designate a person, or class of persons, only if the person, or (as the case may be) each of the persons falling within the class, 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), or
c
a publicly-owned company.
5
In subsection (4)(c), “publicly-owned company” means a company that is wholly owned by one or more public service authorities.
6
For that purpose, a company is wholly owned by one or more public service authorities if it has no members other than—
a
the public service authority or (as the case may be) authorities,
b
other companies that are wholly owned by the public service authority or (as the case may be) authorities, or
c
persons acting on behalf of—
i
the public service authority or (as the case may be) authorities, or
ii
such other companies.
7
In this section, “company” includes any body corporate.
8
Subsection (9) applies where the Scottish Ministers make an order under subsection (3).
9
The Scottish Ministers may specify in the order a public service that is or may be provided by or on behalf of the person designated, or (as the case may be) a person falling within the class designated, in respect of which a specified outcome may not be specified in a participation request.