UnitedKingdom Annexe 3 - Note 1

According to the Utilities Contracts Regulations 2016, a "public undertaking" means any undertaking over which contracting authorities may exercise directly or indirectly a dominant influence by virtue of:
 a) their ownership of that undertaking;
 b) their financial participation in that undertaking; or
 c) the rules which govern that undertaking.

According to the Utilities Contracts (Scotland) Regulations 2016, a "public undertaking" means a person over which one or more contracting authorities are able to exercise, directly or indirectly, a dominant influence by virtue of one or more of the following:
 a) their ownership of that person;
 b) their financial participation in that person;
 c) the rights accorded to them by the rules which govern that person.

According to both the Utilities Contracts Regulations 2016 and the Utilities Contracts (Scotland) Regulations 2016, a dominant influence on the part of contracting authorities is presumed in any of the following cases in which those authorities, directly or indirectly:
 a) hold the majority of the undertaking's subscribed capital;
 b) control the majority of the votes attaching to shares issued by the undertaking;
 c) can appoint more than half of the undertaking's administrative, management or supervisory body.