FOISA Section 6 - Wholly owned companies: Difference between revisions

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(→‎Others: A rather scary list from the annual report of Scottish Enterprise)
(→‎City of Edinburgh Council: New statement of accounts)
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====City of Edinburgh Council====
====City of Edinburgh Council====
[http://www.edinburgh.gov.uk/internet/Attachments/Internet/Council/Council_Business/Council_publications/Accounts/CECAccounts2008.pdf]
Statement of accounts [http://www.edinburgh.gov.uk/internet/Attachments/Internet/Council/Council_tax_and_finance/Council_finance/Council_financial_statements/AuditedAnnualReport2008-09.pdf here]
* {{WDTKreq|C.E.C. Holdings Limited}} (SC135444)
* {{WDTKreq|C.E.C. Holdings Limited}} (SC135444)
* The Edinburgh City Centre Management Company Limited (SC206390)
* The Edinburgh City Centre Management Company Limited (SC206390)

Revision as of 02:11, 13 February 2010

For England, Wales, and Northern Ireland, see FOIA Section 6

Wholly owned companies - Scotland

  • Companies that are wholly owned by the Scottish Ministers (ie the Scottish Government) or other Scottish public authorities are subject to the Freedom of Information (Scotland) Act 2002 by virtue of Section 6[1]:
  • 6 Publicly-owned companies
(1) A company is a “publicly-owned company” for the purposes of section 3(1)(b) if it is wholly owned—
(a) by the Scottish Ministers; or
(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) For the purposes of subsection (1), a company is wholly owned—
(a) by the Scottish Ministers if it has no members except—
(i) the Scottish Ministers or companies wholly owned by the Scottish Ministers; or
(ii) persons acting on behalf of the Scottish Ministers or of such companies; and
(b) by any other Scottish public authority if it has no members except—
(i) the authority or companies wholly owned by the authority; or
(ii) persons acting on behalf of the authority or of such companies.
(3) In subsections (1) and (2), “company” includes any body corporate
  • Links are provided to the authorities on WhatDoTheyKnow.com where available

Jointly-owned companies

There seems to be some uncertainty over whether companies jointly owned by several public authorities qualify under this section. A literal reading of the Act suggests not, but it's possible that the provisions of section 6 of the Interpretation Act 1978 are relevant here. In any case, the Scottish Information Commissioner says[2]:

If the company from which you require information is wholly owned by one or more public authorities, then you should approach the company rather than the authority for the information.

At least two jointly-owned companies (Lothian Buses plc and Scottish Intellectual Asset Management Limited) consider themselved to be subject to FOISA.

Companies owned by the Scottish Ministers

The Scottish Government is responsible for the following Public Corporations [3][4]:

Companies owned by other Scottish public authorities

Other wholly-owned companies will be listed here

Local Government

East Dunbartonshire Council

City of Edinburgh Council

Statement of accounts here

  • Capital Development Trust
  • International Conference Centre Expenditure Trust
  • International Conference Centre Income Trust
  • South East Scotland Regional Transport Partnership (SESTRAN)

Glasgow City Council

[5]

  • City Building (Glasgow) Limited Liability Partnership - 99.99% held direct by GCC, the other 0.01% is held by GCC LLP Investments Limited a 100% subsidiary of GCC
  • City Building (Contracts) Limited Liability Partnership - 99.99% held direct by GCC, the other 0.01% is held by GCC LLP Investments Limited a 100% subsidiary of GCC
  • GCC LLP Investments Limited
  • Glasgow City Marketing Bureau Limited
  • Glasgow Clyde Regeneration Limited
  • Culture and Sport Glasgow (SC313851)

North Ayrshire Council

Educational institutions

University of Edinburgh

Heriot-Watt University

  • Heriot-Watt Trading Ltd

The Robert Gordon University

  • Univation Limited (SC158742)
  • The Aberdeen Business School Limited (SC140355) [dormant]
  • The Aberdeen Management Centre Limited (SC140995) [dormant]
  • Aberdeen Virtual Campus Limited (SC185213) [dormant]
  • The Robert Gordon University - The Energy University Limited (SC221180) [dormant]

Others

Highlands and Islands Enterprise

National Museums Scotland

  • National Museums Scotland Enterprises Limited

Scottish Enterprise

SE's accounts for 2009/09 are here.

The following are listed therein as being limited by shares with SE owning 100% of the voting rights:

  • Atlas Connect Limited
  • Co-operative Development Scotland Limited
  • Optocap Limited
  • Scotland Europa Limited
  • SCTR Limited
  • SE Conference House Limited
  • Enterprise Services Scotland Limited [dormant]
  • Scottish Development Finance Limited [dormant]
  • Scottish Development Overseas Limited [dormant]

The following are listed as limited by guarantee and 100% owned by SE:

  • Scottish Stem Cell Network Limited
  • Euroinfocentre Limited (i) [dormant]
  • Traction Test Facility Limited [in liquidation]

The following are listed as limited by guarantee and <100% owned (but may still qualify depending on who owns the rest):

  • ITI Scotland Limited
  • Investors in People (Scotland) Limited
  • SSTRIC Limited

The following are listed as "Local Enterprise Companies", and hence probably wholly-owned:

  • Scottish Enterprise Ayrshire
  • Scottish Enterprise Borders
  • Scottish Enterprise Dumfries & Galloway
  • Scottish Enterprise Dunbartonshire
  • Scottish Enterprise Edinburgh & Lothian
  • Scottish Enterprise Fife
  • Scottish Enterprise Forth Valley
  • Scottish Enterprise Glasgow
  • Scottish Enterprise Grampian
  • Scottish Enterprise Lanarkshire
  • Scottish Enterprise Renfrewshire
  • Scottish Enterprise Tayside

The following companies are subsidiary companies of the Local Enterprise Companies.

  • Ayrshire Development Fund Limited
  • Scottish Borders Rural Broadband Limited [in liquidation]
  • SEBSED Limited
  • Katalyst Projects (2005) Limited
  • Loch Lomond Shores Management Company Limited
  • GDA Investments Limited
  • Glasgow Science Centre Charitable Trust
  • Glasgow Science Centre Limited
  • Glasgow Science Centre (Trading) Limited
  • The Glasgow Science Centre Endowment Fund
  • Calder Park (Management) Limited
  • SEF Development Fund Limited
  • SE Grampian Investments Limited
  • SET Development Fund Limited
  • Tay Euro Fund Limited
  • Business Ventures Limited [dormant]
  • The Loch Lomond Trust [dormant]

Joint Ventures and Associated Undertakings (only relevant if co-owners are Scottish public authorities):

  • East Dunbartonshire Development Company Limited
  • Ardrossan Saltcoats Stevenston Enterprise Properties Limited [in liquidation]
  • Discovery Quay Developments Limited
  • The Kelvin Institute
  • Ravenscraig Limited
  • Katalyst Projects Limited
  • AMCET Limited
  • Renfrewshire Investment Fund Limited
  • Dunbartonshire Enterprise Fund Limited
  • Scottish Health Innovations Limited
  • Scottish Intellectual Asset Management Limited [jointly with Highlands and Islands Enterprise]
  • Headstart Capital Fund
  • Innovation Centres (Scotland) Limited