Public Services Ombudsman (Wales) Act 2005

29 Restrictions 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.