Section 6 Publicly-owned companies

(1)

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

(a)

by the Scottish Ministers; or

(b)

by any other Scottish public authority listed in schedule 1, other than an authority so listed only in relation to information of a specified description.

(2)

For the purposes of subsection (1), a company is wholly owned—

(a)

by the Scottish Ministers if it has no members except—

(i)

the Scottish Ministers or companies wholly owned by the Scottish Ministers; or

(ii)

persons acting on behalf of the Scottish Ministers or of such companies; and

(b)

by any other Scottish public authority if it has no members except—

(i)

the authority or companies wholly owned by the authority; or

(ii)

persons acting on behalf of the authority or of such companies.

(3)

In subsections (1) and (2), “company” includes any body corporate.