Section 211 Public sector operators.

England, Wales and Scotland

(1)

In this Chapter public sector operator means—

(a)

any Minister of the Crown, government department or other emanation of the Crown;

(b)

any local authority;

(c)

any F1Integrated Transport Authority for an integrated transport area in England;

F2(ca)

any combined authority established under section 103 of the Local Democracy, Economic Development and Construction Act 2009;

F3(cb)

any combined county authority established under section 9(1) of the Levelling-up and Regeneration Act 2023;

(d)

any body corporate whose members are appointed by a Minister of the Crown, a government department, a local authorityF4, an Integrated Transport Authority for an integrated transport area in England ~~F5or a combined authority~~ , combined authority or combined county authority or by a body corporate whose members are so appointed;

(e)

a company—

(i)

a majority of whose issued shares are held by or on behalf of any of the bodies or persons falling within paragraphs (a) to (d) above;

(ii)

in which the majority of the voting rights are held by or on behalf of any of those bodies or persons;

(iii)

a majority of whose board of directors can be appointed or removed by any of those bodies or persons; or

(iv)

in which the majority of the voting rights are controlled by any of those bodies or persons, pursuant to an agreement with other persons;

(f)

a subsidiary of a company falling within paragraph (e) above.

F6(2)

Expressions used in sub-paragraphs (i) to (iv) of subsection (1)(e) above that are defined for the purposes of the Companies Acts (see section 1174 of, and Schedule 8 to, the Companies Act 2006) have the same meaning in those sub-paragraphs.

Annotations

Textual amendments

F1: Words in s. 211(1)(c) substituted (E.W.) (9.2.2009) by Local Transport Act 2008 (c. 26), s. 134(4), Sch. 4 para. 63(2)(a); S.I. 2009/107, art. 2(1), Sch. 1 Pt. 1
F2: S. 211(1)(ca) inserted (17.12.2009) by Local Democracy, Economic Development and Construction Act 2009 (c. 20), s. 148(6), Sch. 6 para. 92(a); S.I. 2009/3318, art. 2(c)
F3: S. 211(1)(cb) inserted (E.W) (26.12.2023) by Levelling-up and Regeneration Act 2023 (c. 55), s. 255(2)(c), Sch. 4 para. 122(a) (with s. 247)
F4: Words in s. 211(1)(d) substituted (17.12.2009) by Local Democracy, Economic Development and Construction Act 2009 (c. 20), s. 148(6), Sch. 6 para. 92(b); S.I. 2009/3318, art. 2(c)
F5: Words in s. 211(1)(d) substituted (E.W) (26.12.2023) by Levelling-up and Regeneration Act 2023 (c. 55), s. 255(2)(c), Sch. 4 para. 122(b) (with s. 247)
F6: S. 211(2) substituted (1.10.2009) by The Companies Act 2006 (Consequential Amendments, Transitional Provisions and Savings) Order 2009 (S.I. 2009/1941), art. 1(2), Sch. 1 para. 178(3) (with art. 10)