1. In this Order, “public body” means a public body described in this section.
2.—(1) A public authority is a public body.
(2) In sub-paragraph (1), a “public authority” means—
(a)a public authority within the meaning of section 3(1)(a) of the 2000 Act; and
(b)a Scottish public authority within the meaning of section 3(1)(a) of the Freedom of Information (Scotland) Act 2002(1) (“the 2002 Act”),
but not any such authority listed in sub-paragraph (4) or paragraph 4.
(3) Where a public authority is included within the 2000 Act or the 2002 Act subject to a limitation, that limitation does not apply in respect of this Order.
(4) The public authorities referred to in sub-paragraph (2) are—
(a)the House of Commons;
(b)the House of Lords;
(c)the force or any unit described in sub-paragraph (a) or (b) of paragraph 6 (the armed forces of the Crown) of Schedule 1 to the 2000 Act;
(d)a person described in paragraph 64 (persons nominating special constables) of Schedule 1 to the 2000 Act;
(e)the National Assembly for Wales.
(5) The National Assembly for Wales Commission is a public body(2).
3.—(1) A body corporate is a public body where it is a body in which a public body under paragraph 2 is a majority member.
(2) A public body is a majority member of a body (“body A”) under sub-paragraph (1) where—
(a)the member;
(b)a person acting on behalf of the member; or
(c)a body corporate in which the member or person acting on its behalf is a majority member,
(any of whom is “person B”) satisfies the provisions in sub-paragraph (3).
(3) The provisions referred to in sub-paragraph (2) are—
(a)person B holds a majority of the voting rights in body A;
(b)person B is a member of body A and has the right to appoint or remove a majority of its board of directors; or
(c)person B is a member of body A and controls alone, pursuant to an agreement with other members, a majority of the voting rights in body A.
4.—(1) The proprietor of—
(a)an Academy;
(b)a city technology college or city college for the technology of the arts,
is a public body.
(2) Where—
(a)a proprietor described in sub-paragraph (1) is the proprietor of more than one Academy or college; and
(b)those Academies or colleges are situated in more than one local authority area,
the proprietor is a separate public body in respect of those Academies or colleges in different local authority areas.
(3) Where a proprietor would be required to register as a participant under Part 2—
(a)if it were not a public body under sub-paragraph (1); and
(b)excluding the scheme activities in respect of which it is such a public body,
the proprietor is, as applicable, a separate public body or undertaking in respect of its other scheme activities.
5.—(1) Except where paragraph 4(2) or (3) applies, where a public body (“A”) is part of another public body (“B”)—
(a)A is not a public body; and
(b)B including A is a public body.
(2) A government department is not part of another government department.
The Commission was established under section 27 of the Government of Wales Act 2006 (c. 32).