Section 40 Relevant authority

(1)

In this Part “relevant authority” means—

(a)

a Minister of the Crown or government department;

(b)

the Scottish Ministers;

(c)

the Welsh Ministers;

(d)

a local authority;

(e)

a person or body whose functions are exercised on behalf of the Crown;

(f)

any other body which meets conditions A and B below.

(2)

Condition A is that the body is established by virtue of Her Majesty's prerogative or by an enactment or is established in any other way by a Minister of the Crown acting as such or by a government department.

(3)

Condition B is that the body's revenues derive wholly or mainly from public funds.

(4)

In subsection (1)(d) “local authority” means—

(a)

a local authority within the meaning of the Local Government Act 1972 (c. 70),

(b)

a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 (c. 39),

(c)

the Greater London Authority,

(d)

the Common Council of the City of London in its capacity as a local authority, or

(e)

the Council of the Isles of Scilly.

(5)

In subsection (2) “Minister of the Crown” includes the Scottish Ministers and the Welsh Ministers.