ch3600c01a
02-12-00 01:17:21
c. 36
4
ACT
Unit: PAG1
Rev RA Proof, 29.11.2000
Freedom of Information Act 2000
Part I
(ii) the holder of an office whose functions are exercisable
only or mainly in or as regards Wales,
consult the National Assembly for Wales, and
(b) if the order relates to a body which, or the holder of any office
who, if the order were made, would be a Northern Ireland
public authority, consult the First Minister and deputy First
Minister in Northern Ireland.
(8) This section has effect subject to section 80.
(9) In this section “Minister of the Crown” includes a Northern
Ireland Minister.
Further power to
designate public
authorities.
5.—(1) The Secretary of State may by order designate as a public
authority for the purposes of this Act any person who is neither listed in
Schedule 1 nor capable of being added to that Schedule by an order under
section 4(1), but who—
(a) appears to the Secretary of State to exercise functions of a public
nature, or
(b) is providing under a contract made with a public authority any
service whose provision is a function of that authority.
(2) An order under this section may designate a specified person or
office or persons or offices falling within a specified description.
(3) Before making an order under this section, the Secretary of State
shall consult every person to whom the order relates, or persons
appearing to him to represent such persons.
(4) This section has effect subject to section 80.
Publicly-owned
companies.
6.—(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, or
(b) it is wholly owned by any public authority listed in Schedule 1
other than—
(i) a government department, or
(ii) any authority which is listed only in relation to
particular information.
(2) For the purposes of this section—
(a) a company is wholly owned by the Crown if it has no members
except—
(i) Ministers of the Crown, government departments or
companies wholly owned by the Crown, or
(ii) persons acting on behalf of Ministers of the Crown,
government departments or companies wholly owned by the
Crown, and
(b) a company is wholly owned by a public authority other than a
government department if it has no members except—
(i) that public authority or companies wholly owned by
that public authority, or
(ii) persons acting on behalf of that public authority or of
companies wholly owned by that public authority.
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