Government Technology Agency Act 2016 · 2020 Revised Edition · Part 2 · Establishment, Functions and Powersof Agency
7. Powers of Agency in relation to proposals for privatisation
Feedback & supportWhere the Minister proposes to transfer any property or function of the Agency to another body corporate (called in this section the transferee), the Agency has the power to do anything which, in the opinion of the Agency, is appropriate for the purpose of —
function
“function”, in relation to the Agency, means a function conferred on the Agency by this Act or any other Act;
facilitating the implementation of the Minister’s proposal;
facilitating the implementation of, or securing a modification of, any related proposal of the Minister;
promoting, in relation to the Minister’s proposal or related proposal, the interest of the transferee; or
promoting, in relation to the Minister’s proposal or related proposal, the interest of a body corporate that may become, under the Minister’s proposal or related proposal, a member of the same group as the transferee.
To avoid doubt, subsection (1) does not limit any other power given to the Agency by any other provision in this Act or by any other Act.
power
“power”, in relation to the Agency, means a power given to the Agency by this Act or any other Act;
For the purposes of subsection (1)(d), a body corporate is a member of the same group as the transferee if —
member
“member”, in relation to the Agency, means a member of the Agency appointed under section 11, and includes a temporary member appointed under section 15(2);
the body corporate is a holding company or subsidiary of the transferee; or
the body corporate is another subsidiary of the transferee’s holding company.
In this section —
“holding company” and “subsidiary” have the meanings given by section 5 of the Companies Act 1967;
company
“company” has the meaning given by section 4(1) of the Companies Act 1967;
“related proposal” means a proposal of the Minister that relates to the Minister’s proposal to transfer a property or function of the Agency to the transferee, and includes a proposal relating to or connected with —
Agency
“Agency” means the Government Technology Agency established by section 3;
any property, right or liability of the Agency that would be affected by the proposed transfer, or that is proposed to be transferred to the transferee;
right
“right”, in relation to the transferor, means any right, power, privilege or immunity of the transferor on the eve of the transfer date;
the performance, whether before or after the transfer, of a function of the Agency that is proposed to be transferred to the transferee; or
the formation, flotation, control, finances, or officers or employees, of the transferee or of any other body corporate that may become, under the Minister’s proposal or related proposal, a member of the same group as the transferee.