Public Services Ombudsman (Wales) Act 2005

Listed authorities

28Listed authorities

(1)The persons specified in Schedule 3 are listed authorities for the purposes of this Act.

(2)The Assembly may by order amend Schedule 3 by—

(a)adding a person;

(b)omitting a person;

(c)changing the description of a person.

(3)An order under subsection (2) adding a person to Schedule 3 may provide for this Act to apply to the person with the modifications specified in the order.

(4)Before making an order under subsection (2), the Assembly must consult the Ombudsman and any other persons it thinks appropriate.

(5)Sections 29 and 30 contain further restrictions on the power in subsection (2).

29Restrictions on power to amend Schedule 3

(1)An order under section 28(2) may not omit the Assembly from Schedule 3.

(2)An order under section 28(2) may add a person to Schedule 3 only if—

(a)the person has functions dischargeable in relation to Wales or a part of Wales (whether or not the functions are also dischargeable otherwise than in relation to Wales),

(b)all or some of the person’s functions are in a field in which the Assembly has functions, and

(c)the person falls within subsection (3), (4) or (5).

(3)A person falls within this subsection if—

(a)it is a body 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 Assembly or another listed authority,

(b)it is a body wholly or partly constituted by appointment made by Her Majesty, a Minister of the Crown, a government department, the Assembly or another listed authority, and

(c)at least half of its expenditure on the discharge of its functions in relation to Wales is met directly from payments made by the Assembly or other listed authorities.

(4)A person falls within this subsection if—

(a)it is a body established by or under an enactment, and

(b)it has power to issue a precept or a levy.

(5)A person falls within this subsection if—

(a)it appears to the Assembly that the person discharges functions of a public nature, and

(b)at least half of the person’s expenditure on the discharge of those functions in relation to Wales is met directly or indirectly from payments by the Assembly or other listed authorities.

(6)An order under section 28(2) may not add to Schedule 3—

(a)a Special Health Authority discharging functions only or mainly in England;

(b)a person who carries on under national ownership an industry or undertaking or part of an industry or undertaking.

30Provisions in orders adding persons to Schedule 3

(1)If the Assembly proposes to make an order under section 28(2) adding a person to Schedule 3, it 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 Assembly 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 Assembly has functions, and

(b)the function appears to the Assembly 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).