23.Section 6 sets out which Welsh authorities are subject to the duty under Section 2 of the Measure. Subsection (2) allows for the list to be amended by order of the Welsh Ministers. Such an order would need to be approved by the Assembly before being made (see section 74(5)) and any person the Welsh Ministers intend to add must be consulted before being added to the list (subsection (3)).
24.Subsection (4) makes it clear that the only persons who can be included on the list are persons having functions of a public nature whose principal functions relate to one or more of the fields in Part 1 of Schedule 5 to the Government of Wales Act 2006. Tribunals which fall within this category are excluded.
25.Any person added to the list who has functions of both a public and a private nature may only be included in the list in relation to those of its functions which are of a public nature (subsection (5)).