Part I Access to information held by public authorities

Right to information

6 Publicly-owned companies.

(1)

A company is a “publicly-owned company” for the purposes of section 3(1)(b) if—

(a)

it is wholly owned by the Crown, F1...

(b)

it is wholly owned by F2the wider public sector F3, or

(c)

it is wholly owned by the Crown and the wider public sector.

F4(2)

For the purposes of this section—

(a)

a company is wholly owned by the Crown if, and only if, every member is a person falling within sub-paragraph (i) or (ii)—

(i)

a Minister of the Crown, government department or company wholly owned by the Crown, or

(ii)

a person acting on behalf of a Minister of the Crown, government department or company wholly owned by the Crown,

(b)

a company is wholly owned by the wider public sector if, and only if, every member is a person falling within sub-paragraph (i) or (ii)—

(i)

a relevant public authority or a company wholly owned by the wider public sector, or

(ii)

a person acting on behalf of a relevant public authority or of a company wholly owned by the wider public sector, and

(c)

a company is wholly owned by the Crown and the wider public sector if, and only if, condition A, B or C is met.

(2A)

In subsection (2)(c)—

(a)

condition A is met if—

(i)

at least one member is a person falling within subsection (2)(a)(i) or (ii),

(ii)

at least one member is a person falling within subsection (2)(b)(i) or (ii), and

(iii)

every member is a person falling within subsection (2)(a)(i) or (ii) or (b)(i) or (ii),

(b)

condition B is met if—

(i)

at least one member is a person falling within subsection (2)(a)(i) or (ii) or (b)(i) or (ii),

(ii)

at least one member is a company wholly owned by the Crown and the wider public sector, and

(iii)

every member is a person falling within subsection (2)(a)(i) or (ii) or (b)(i) or (ii) or a company wholly owned by the Crown and the wider public sector, and

(c)

condition C is met if every member is a company wholly owned by the Crown and the wider public sector.

(3)

In this section—

company” includes any body corporate;

Minister of the Crown” includes a Northern Ireland Minister.

F5relevant public authority ” means any public authority listed in Schedule 1 other than—

a government department, or

any authority which is listed only in relation to particular information