PART 5ASSET TRANSFER REQUESTS

Key definitions

78Meaning of “relevant authority”

I31

In this Part, a “relevant authority” means—

a

a person listed, or of a description listed, in schedule 3, or

b

a person mentioned in subsection (3).

I1I22

The Scottish Ministers may by order modify schedule 3 so as to—

a

remove an entry listed in it,

b

amend an entry listed in it.

I1I23

The person is a person—

a

that is designated as a relevant 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 relevant authorities by such an order for the purposes of this Part.

I1I24

An order under subsection (3) may designate a person, or a 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.

I35

In subsection (4)(c), “publicly-owned company” means a company that is wholly owned by one or more relevant authorities.

I36

For that purpose, a company is wholly owned by one or more relevant authorities if it has no members other than—

a

the relevant authority or (as the case may be) authorities,

b

other companies that are wholly owned by the relevant authority or (as the case may be) authorities, or

c

persons acting on behalf of—

i

the relevant authority or (as the case may be) authorities, or

ii

such other companies.

I37

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