Functions

4Power to amend Schedule 2

1

The F1Welsh MinistersF1 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 GovernmentF2,

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 GovernmentF3 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 MinistersF4.

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 GovernmentF5.