RE: FOIA and publicly owned companies by Ibrahim - written 16/06/2008 13:21:09


The Act Says:

6
Publicly-owned companies




(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 public authority listed in Schedule 1 ....



(2)
For the purposes of this section—

...

(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.


I think that the definition of public company includes one which is owned by more than one public authority. I know that Leeds Bradford Airport (owned by a number of councils) takes this view. However I have heard soem people argue the other way.

I know for sure that a company which is owned partly by the private sector or non public authorities is not covered by FOI.

Regards


Catherine wrote (13/06/2008 16:11:33):

Hi Ibrahim

I was wondering if you could advise to what extent the FOIA applies to companies which are owned by more than one public authority. 

I understand that the Act covers publicly owned companies which are wholly owned by a single public authority. However, if a company is owned by several public authorities, is it still subject to the Act? 

How does the situation differ if some of the authorities which own the company are covered by the Act, but some others are not?

I would appreciate any guidance you can offer - or suggestions as to where to obtain further information.

Catherine 



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