33. (1) In this Part—

“business information” means the following information in respect of an undertaking:

(a) the unique business identifier number;

(b) the registered name, if any;

(c) the business or operating name, if any;

(d) the address (including the postcode (if any) within the meaning of section 66 of the Communications Regulation (Postal Services) Act 2011) at which the undertaking carries on business or ordinarily resides;

(e) the number, if any, allocated or issued by a public body under an enactment or law of the European Union;

(f) the number, if any, assigned in a register held or maintained by a public body under an enactment or law of the European Union;

(g) the legal form;

(h) the number of employees, if any;

(i) the annual turnover;

(j) the net assets;

(k) in respect of the principal activity carried on by the undertaking, the NACE classification code, if any, as determined in accordance with Regulation (EC) No. 1893/2006 of the European Parliament and of the Council of 20 December 2006³, as amended by Regulation (EC) No 295/2008 of the European Parliament and of the Council of 11 March 2008⁴ and Regulation (EU) No 70/2012 of the European Parliament and of the Council of 18 January 20125⁵;

(l) in the case of a natural person, a partnership of natural persons or an unincorporated body of natural persons, the nationality of the person or persons, as the case may be;

(m) in the case of a legal person, the state under the law of which the legal person was established;

(n) such other information as may be prescribed by the Minister, having regard to the matters referred to in subsection (3);

“net assets”, in relation to an undertaking, means the total assets of the undertaking less the total liabilities of the undertaking as shown in the financial statements of the undertaking;

“turnover”, in relation to an undertaking, means the amounts of revenue derived from the provision of goods and services falling within the undertaking’s ordinary activities, after deduction of—

(a) trade discounts,

(b) value-added tax, and

(c) any other taxes based on the amounts so derived,

and, in the case of an undertaking whose ordinary activities include the making or holding of investments, includes the gross revenue derived from such activities;

“undertaking” means—

(a) a natural person or partnership of natural persons engaged for gain in the production, supply or distribution of goods or the provision of a service,

(b) a body corporate, or

(c) an unincorporated body of natural persons.

(2) For the purposes of the definition of “business information” in subsection (1), a company shall be deemed to be ordinarily resident at its registered office, and every other body corporate and every unincorporated body shall be deemed to be ordinarily resident at its principal office or place of business.

(3) The matters to which the Minister is to have regard for the purposes of paragraph (n) of the definition of “business information” in subsection (1) are whether the disclosure of the information concerned under section 36 would—

(a) facilitate the carrying out of a function of a public body by—

(i) reducing duplication of tasks carried out by one or more public bodies,

(ii) increasing the efficiency of a public body in carrying out that function, or

(iii) improving the quality of services provided or to be provided by the public body,

(b) assist a public body in verifying the identity of a person receiving a service,

(c) assist in the identification and correction of erroneous information held by a public body,

(d) reduce the need for a person to provide the same information to more than one public body,

(e) assist a public body in establishing the entitlement of a person to a service,

(f) facilitate the administration, supervision and control of a service, programme or policy being delivered or implemented or to be delivered or implemented, as the case may be, by a public body,

(g) facilitate the improvement or targeting of a service, programme or policy being delivered or implemented or to be delivered or implemented, as the case may be, by a public body, or

(h) facilitate the evaluation of a service, programme or policy delivered or implemented or being delivered or implemented, as the case may be, by a public body.