Section 4 Power to amend Schedule 2

England and Wales

(1)

The F1Welsh Ministers may by order amend Schedule 2 by—

(a)

adding a person;

(b)

omitting a person;

(c)

changing the description of a person.

(2)

An order under subsection (1) may add a person to Schedule 2 only if—

(a)

the person has functions dischargeable in relation to Wales,

(b)

some or all of the person's functions are in a field in which F2functions are exercisable by the Welsh Ministers, the First Minister for Wales or the Counsel General to the Welsh Assembly Government,

(c)

the person is established by or under an enactment or by virtue of Her Majesty's prerogative or in any other way by a Minister of the Crown, a government department, the F3Welsh Ministers, the First Minister for Wales, the Counsel General to the Welsh Assembly Government or another person mentioned in Schedule 2, and

(d)

at least half of the person's expenditure on the discharge of its functions in relation to Wales is met directly from payments made by the F4Welsh Ministers.

(3)

But an order under subsection (1) may add a person to Schedule 2 even if the person does not satisfy the condition in subsection (2)(d), if the Secretary of State consents.

(4)

An order under subsection (1) may not add to Schedule 2 a person whose sole or main activity is—

(a)

the investigation of complaints by members of the public about the actions of any person, or

(b)

the supervision or review of, or of steps taken following, such an investigation.

(5)

An order under subsection (1) must make provision about which of the functions of a person mentioned in Schedule 2 and specified in the order are to be relevant functions for the purposes of section 3.

(6)

The provision that may be made by virtue of subsection (5) includes provision amending section 3.

(7)

But a function may be specified as a relevant function by virtue of subsection (5) only if it is in a field in which F5functions are exercisable by the Welsh Ministers, the First Minister for Wales or the Counsel General to the Welsh Assembly Government.

Annotations

Textual amendments

F1: Words in s. 4(1) substituted (the amendment coming into force immediately after the end of "the initial period" (which ended with the day of the first appointment of a First Minister on 25.5.2007) in accordance with art. 1(2)(3) of the amending S.I. and see ss. 46, 161(5) of Government of Wales Act 2006 (c. 32)) by The Government of Wales Act 2006 (Consequential Modifications and Transitional Provisions) Order 2007 (S.I. 2007/1388), arts. 1(2)(3), 3, Sch. 1 para. 127(2)
F2: Words in s. 4(2)(b) substituted (the amendment coming into force immediately after the end of "the initial period" (which ended with the day of the first appointment of a First Minister on 25.5.2007) in accordance with art. 1(2)(3) of the amending S.I. and see ss. 46, 161(5) of Government of Wales Act 2006 (c. 32)) by The Government of Wales Act 2006 (Consequential Modifications and Transitional Provisions) Order 2007 (S.I. 2007/1388), arts. 1(2)(3), 3, Sch. 1 para. 127(3)(a)
F3: Words in s. 4(2)(c) substituted (the amendment coming into force immediately after the end of "the initial period" (which ended with the day of the first appointment of a First Minister on 25.5.2007) in accordance with art. 1(2)(3) of the amending S.I. and see ss. 46, 161(5) of Government of Wales Act 2006 (c. 32)) by The Government of Wales Act 2006 (Consequential Modifications and Transitional Provisions) Order 2007 (S.I. 2007/1388), arts. 1(2)(3), 3, Sch. 1 para. 127(3)(b)
F4: Words in s. 4(2)(d) substituted (the amendment coming into force immediately after the end of "the initial period" (which ended with the day of the first appointment of a First Minister on 25.5.2007) in accordance with art. 1(2)(3) of the amending S.I. and see ss. 46, 161(5) of Government of Wales Act 2006 (c. 32)) by The Government of Wales Act 2006 (Consequential Modifications and Transitional Provisions) Order 2007 (S.I. 2007/1388), arts. 1(2)(3), 3, Sch. 1 para. 127(3)(c)
F5: Words in s. 4(7) substituted (the amendment coming into force immediately after the end of "the initial period" (which ended with the day of the first appointment of a First Minister on 25.5.2007) in accordance with art. 1(2)(3) of the amending S.I. and see ss. 46, 161(5) of Government of Wales Act 2006 (c. 32)) by The Government of Wales Act 2006 (Consequential Modifications and Transitional Provisions) Order 2007 (S.I. 2007/1388), arts. 1(2)(3), 3, Sch. 1 para. 127(4)