FOISA Section 6 - Wholly owned companies

Wholly owned companies - Scotland

• Companies that are wholly owned by the Scottish Ministers (ie the Scottish Government) are subject to the Freedom of Information (Scotland) Act 2002 by 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 where available

• The Scottish Government is responsible for the following Public Corporations:

• Caledonian Marine Assets Ltd (CMAL)
• David MacBrayne Ltd
• Highlands & Islands Airports Ltd
• Scottish Futures Trust
• Scottish Water

• Other wholly-owned companies will be listed here:

• TBC