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Section 30 Provisions in orders adding persons to Schedule 3

England and Wales

(1)

If the F1Welsh Ministers propose to make an order under section 28(2) adding a person to Schedule 3, F2they must also specify in the order—

(a)

whether all or only some of the person's functions are to fall within the remit of the Ombudsman under this Part;

(b)

if only some of the person's functions are to fall within the remit of the Ombudsman under this Part, which those functions are.

(2)

If the person is to be added to Schedule 3 on the basis that the person falls within section 29(3) or (4), the order may specify a function under subsection (1) only if the function is in a field in which the F3Welsh Ministers have, or the First Minister for Wales or the Counsel General to the Welsh Assembly Government has, functions.

(3)

If the person is to be added to Schedule 3 on the basis that the person falls within section 29(5), the order may specify a function under subsection (1) only if—

(a)

the function is in a field in which the F4Welsh Ministers have, or the First Minister for Wales or the Counsel General to the Welsh Assembly Government has, functions, and

(b)

the function appears to the F5Welsh Ministers to be a function of a public nature.

(4)

The order may specify all a person's functions under subsection (1) only if all the person's functions satisfy the requirements of subsection (2) or (as the case may be) subsection (3).

Annotations

Textual amendments

F1

Words in s. 30(1) substituted by Government of Wales Act 2006 (c. 32), s. 160(1), Sch. 10 para. 80(2)(a) (with Sch. 11 para. 22), the amending provision coming into force immediately after "the 2007 election" (held on 3.5.2007) subject to s. 161(4)(5) of the amending Act, which provides for certain provisions to come into force for specified purposes 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) - see ss. 46, 161(1)(4)(5) of the amending Act.

F2

Words in s. 30(1) substituted by Government of Wales Act 2006 (c. 32), s. 160(1), Sch. 10 para. 80(2)(b) (with Sch. 11 para. 22), the amending provision coming into force immediately after "the 2007 election" (held on 3.5.2007) subject to s. 161(4)(5) of the amending Act, which provides for certain provisions to come into force for specified purposes 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) - see ss. 46, 161(1)(4)(5) of the amending Act.

F3

Words in s. 30(2) substituted by Government of Wales Act 2006 (c. 32), s. 160(1), Sch. 10 para. 80(3) (with Sch. 11 para. 22), the amending provision coming into force immediately after "the 2007 election" (held on 3.5.2007) subject to s. 161(4)(5) of the amending Act, which provides for certain provisions to come into force for specified purposes 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) - see ss. 46, 161(1)(4)(5) of the amending Act.

F4

Words in s. 30(3)(a) substituted by Government of Wales Act 2006 (c. 32), s. 160(1), Sch. 10 para. 80(4)(a) (with Sch. 11 para. 22), the amending provision coming into force immediately after "the 2007 election" (held on 3.5.2007) subject to s. 161(4)(5) of the amending Act, which provides for certain provisions to come into force for specified purposes 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) - see ss. 46, 161(1)(4)(5) of the amending Act.

F5

Words in s. 30(3)(b) substituted by Government of Wales Act 2006 (c. 32), s. 160(1), Sch. 10 para. 80(4)(b) (with Sch. 11 para. 22), the amending provision coming into force immediately after "the 2007 election" (held on 3.5.2007) subject to s. 161(4)(5) of the amending Act, which provides for certain provisions to come into force for specified purposes 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) - see ss. 46, 161(1)(4)(5) of the amending Act.

Notes on the whole Act

Textual amendments

F1

Act repealed in part (23.7.2019) by Public Services Ombudsman (Wales) Act 2019 (anaw 3), ss. 75(1)(2), 77(1) (with s. 74); S.I. 2019/1096, reg. 2

Notes on Part 2

Textual amendments

F1

Words in Pt. 2 heading inserted (1.11.2014) by Social Services and Well-being (Wales) Act 2014 (anaw 4), s. 199(2), Sch. 3 para. 14; S.I. 2014/2718, art. 2(b)

Modifications

C1

Pt. 2 applied (with modifications) (22.11.2012) by The Police and Crime Panels (Application of Local Authority Enactments) Regulations 2012 (S.I. 2012/2734), regs. 1(1), 3-6, Sch. Pt. 3

C2

Pt. 2 applied (11.10.2005) by The Public Services Ombudsman (Wales) Act 2005 (Commencement No. 1 and Transitional Provisions and Savings) Order 2005 (S.I. 2005/2800), art. 6