Page:Ukpga 20000036 en.pdf/8

4c. 36


 * (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.

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.

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 pu 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.