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6. Publicly-owned companies

  1. (1) A company is a "publicly-owned company" for the purposes of section 3(1)(b) if it is wholly owned-
    1. (a) by the Scottish Ministers; or
    2. (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. (2) For the purposes of subsection (1), a company is wholly owned-
    1. (a) by the Scottish Ministers if it has no members except-
      1. (i) the Scottish Ministers or companies wholly owned by the Scottish Ministers; or
      2. (ii) persons acting on behalf of the Scottish Ministers or of such companies; and 
    2. (b) by any other Scottish public authority if it has no members except-
      1. (i) the authority or companies wholly owned by the authority; or
      2. (ii) persons acting on behalf of the authority or of such companies.
  3. (3) In subsections (1) and (2), "company" includes any body corporate.

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