(1)The Secretary of State must appoint a body (“the Independent Supervisor”) to discharge the function mentioned in section 1229(1) (“the supervision function”).
(2)An appointment under this section must be made by order.
(3)The order has the effect of making the body appointed under subsection (1) designated under section 5 of the Freedom of Information Act 2000 (c. 36) (further powers to designate public authorities).
(4)A body may be appointed under this section only if it is a body corporate or an unincorporated association which appears to the Secretary of State—
(a)to be willing and able to discharge the supervision function, and
(b)to have arrangements in place relating to the discharge of that function which are such as to be likely to ensure that the conditions in subsection (5) are met.
(5)The conditions are—
(a)that the supervision function will be exercised effectively, and
(b)where the order is to contain any requirements or other provisions specified under subsection (6), that that function will be exercised in accordance with any such requirements or provisions.
(6)An order under this section may contain such requirements or other provisions relating to the exercise of the supervision function by the Independent Supervisor as appear to the Secretary of State to be appropriate.
(7)An order under this section is subject to negative resolution procedure.