FOIA Section 6: Difference between revisions

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===Department of Energy and Climate Change===
===Department of Energy and Climate Change===
* Enrichment Holdings Ltd. (06387705) ''[holding company]''
* Enrichment Holdings Ltd. (06387705) ''[holding company]''
* {{WDTKreq|National Nuclear Laboratory Limited}} (03857752)
* {{WDTK|National Nuclear Laboratory Limited|national_nuclear_laboratory_limited}} (03857752)


===Department for Enviroment, Food and Rural Affairs===
===Department for Enviroment, Food and Rural Affairs===

Revision as of 18:58, 29 April 2010

For Scotland, see FOISA Section 6 - Wholly owned companies
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 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.
(3) In this section—
“company” includes any body corporate;
“Minister of the Crown” includes a Northern Ireland Minister.
Statutelaw.gov.uk.


This section makes some but not all companies in public ownership subject to the Freedom of Information Act.

The definitions of "wholly owned" here are substantially the same as the definitions of "wholly-owned subsidiary" in the Companies Acts.

The Information Commissioner has produced guidance on the interpretation of section 6. In particular, he is of the opinion that section 6 deos not cover a company jointly owned by two schedule I authorities. This disagrees with the Scottish Information Commissioner's interpretation of the equivalent section of the Scottish Act.

Until recently, a company had to have at least two members, so a lot of publicly-owned companies have one share held on behalf of the parent authority by its chief executive or similar.

Various companies wholly owned by the Crown are deemed not to be publicly-owned companies for the purposes of section 3(1)(b), including:

  • Bradford & Bingley plc (03938288) (art. 41, SI 2008/2546)
  • Northern Rock (Asset Management) plc (03273685) (art. 18, SI 2008/432)
  • Northern Rock plc (06952311) (art. 19, SI 2009/3226)

By virtue of section 6(1)(b)(ii), subsidiaries of schedule I authorities that are only listed in respect of particular information are nut public authorities themselves. This means that subsidiaries of the following are not public authorities by virtue of section 6:

  • The House of Commons
  • The House of Lords
  • The National Assembly for Wales
  • The Common Council of the City of London
  • The Sub-Treasurer of the Inner Temple
  • The Under-Treasurer of the Middle Temple
  • Any person providing primary medical services, primary dental services or primary ophthalmic services
  • Any person providing general ophthalmic services or pharmaceutical services
  • Any person providing local pharmaceutical services
  • Any person providing primary medical services, general dental services, general ophthalmic services or pharmaceutical services
  • Any person who by virtue of any enactment has the function of nominating individuals who may be appointed as special constable
  • The Bank of England
  • The British Broadcasting Corporation
  • The Channel Four Television Corporation
  • The Competition Commission
  • The Royal College of Veterinary Surgeons
  • The Royal Pharmaceutical Society of Great Britain
  • Seirbheis nam Meadhanan Gaidhlig / The Gaelic Media Service
  • Sianel Pedwar Cymru / S4C
  • The Traffic Commissioners
  • The verderers of the New Forest
  • The Pharmaceutical Society of Northern Ireland

Companies wholly owned by the Crown

Department for Business, Innovation and Skills

Ministry of Defence

Department of Energy and Climate Change

Department for Enviroment, Food and Rural Affairs

Department of Health

Home Office

Department for International Development

Department for Regional Development (NI)

Department for Transport

  • BRB (Residuary) Limited (04146505)
    • South Eastern Trains Limited (03666306)
    • Whittles Properties Liverpool Limited (06798467)
    • Whittles Properties Trent and Derwent Limited (06814955)
    • Whittles Properties Brunel Limited (06815148)
    • Whittles Properties Crewe Limited (06815151)
    • Whittles Properties Croydon Limited (06815154)
    • Whittles Properties Manchester Limited (06815134)
    • British Rail Engineering Limited (00965219) [dormant]
    • RFD (Channel Tunnel) Limited (01014180) [dormant]
    • British Transport Hotels Limited (00735306) [dormant]
    • The Pullman Car Company Limited (00141798) [dormant]
    • British Rail Limited (03159175) [dormant]
    • British Railways Limited (03019758) [dormant]
    • British Railways Board Limited (03159054) [dormant]
    • DOA Limited (03168642) [dormant]
    • Diesel Trains Limited (06829571) [dormant]
    • Passgift Limited (03000807) [in liquidation]
    • Holaw (458) Limited (03645369) [in liquidation]
    • Reefstem Limited (03657789) [in liquidation]
    • Ridgedrum Limited (03548488) [in liquidation]
    • Holaw (473) Limited (03668684) [in liquidation]
    • Manorsign Limited (04156412) [in liquidation]
  • Directly Operated Railways Limited (06950819)
    • East Coast Main Line Company Limited (not on the main list) (04659708)
  • High Speed Two (HS2) Limited (06791686)
  • London & Continental Railways Limited (02966054)

HM Treasury

Northern Ireland

Companies wholly owned by other schedule 1 authorities

Local government

Blackpool Borough Council

Cardiff Council

East Cambridgeshire District Council

  • East Cambridgeshire Business Centres Limited (not on the main list) (03819801)

Halton Borough Council

Ipswich Borough Council

Newport Council

Norfolk County Council

Plymouth City Council

Reading Borough Council

Rossendale Borough Council

Transport for London

TfL has a useful list of subsidiaries here.

  • London Transport Insurance Guernsey Limited (28442) [incorporated in Guernsey]]
  • TfL Trustee Company Limited (02338675)
  • Transport Trading Limited (03914810)

Stockport Borough Council

  • Solutions SK Limited (not on the main list) (05844684)
  • Individual Solutions SK Limited (not on the main list) (06917727)
  • Waste Solutions SK Limited (not on the main list) (06023503)

Warrington Borough Council

Educational institutions

University of Cambridge

  • Cambridge Examinations, Inc. [incorporated in the USA]
  • Mill Wharf Limited (not on the main list) (02783745)
  • Oxford and Cambridge International Assessment Services Limited (01838486)
  • Oxford Cambridge and RSA Examinations (02424721)
  • RSA Examinations Board (02808087)
  • Sandonian Properties Limited (02601758)
  • The West Midlands Examinations Board (01464835)
  • Cambridge Global Grid for Learning Limited (04691393)
  • Cambridge Knowledge (China) Limited [incorporated in Hong Kong]
  • Cambridge Printing Services Limited (05846590)
  • Cambridge University Press (Greece) EPE [incorporated in Greece]
  • Cambridge University Press (Holdings) Limited (04606950) [holding company]
  • Cambridge University Press Japan KK [incorporated in Japan]
  • Cambridge University Press South Africa (Proprietary) Limited [incorporated in South Africa]
  • ELT Trading SA DE CV [incorporated in Mexico]
  • United Publishers Services Limited [incorporated in Hong Kong]

Christ's College, Cambridge

  • Christ's College Enterprises Limited (04751229)

Churchill College, Cambridge

  • Churchill Conferences Limited (not on the main list) (02843117)
  • Churchill Residences II Limited (not on the main list) (03800360)
  • The Møller Centre for Continuing Education Limited (not on the main list) (02746545)

Downing College, Cambridge

  • Downing Cambridge Conferences Limited (06199733)
  • Downing College Developments Limited (03698474)

Emmanuel College, Cambridge

  • Blue Lion Limited (02772480)
  • Evansgate Limited (01497911)

University of Durham

University of East London

University of Manchester

University of Oxford

University of Warwick

Other: general

Agriculture and Horticulture Development Board

British Waterways Board

  • Blackwall Estates Limited (01856738)
  • British Waterways Marinas Limited (04930453)
  • British Waterways Pension Trustees Limited (01852161)
  • Granary Wharf Limited (03596438) [dormant]
  • Leeds Canal Basin (Developments) Limited (02116097) [dormant]
  • Wood Wharf Management Company Limited (01660938)
  • BW Reinsurance Ltd [incorporated in Ireland]

Civil Aviation Authority

Horserace Totalisator Board

  • Tote Bookmakers Limited
  • Tote Credit Limited
  • Tote Direct Limited
  • Totesport Alderney Limited [incorporated in Alderney]

Nuclear Decommissioning Authority

  • Direct Rail Services Limited (03020822)
  • International Nuclear Services Limited (01144352)
    • International Nuclear Services France SA [incorporated in France]
    • International Nuclear Services Japan KK [incorporated in Japan]
  • Rutherford Indemnity Limited [incorporated in Guernsey]
  • United Kingdom Nirex Limited (01927761) [in liquidation]
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