SCHEDULES
F1F1 SCHEDULE 9
C1Part II Investigation of complaints
Sch. 9 Pt. II extended (1.7.1999 subject to art. 4(2)-(6) of the amending Act) by S.I. 1999/1791, art. 4(1)
Bodies subject to investigation
16
1
An order under paragraph 14(3) may only add a body to paragraph 14(2) if—
a
the body has functions exercisable in relation to Wales or a part of Wales (whether or not they are also exercisable otherwise than in relation to Wales),
b
some or all of those functions are in a field in which the Assembly has functions, and
c
the body falls within sub-paragraph (2).
2
A body falls within this sub-paragraph if—
a
it is established under an enactment or by virtue of Her Majesty’s prerogative or is established in any other way by a Minister of the Crown or government department or by the Assembly,
b
at least half of its expenditure on the exercise of functions in relation to Wales (or, where its functions relate only to a part of Wales, in relation to the part of Wales to which they relate) is met directly from payments made by the Assembly, and
c
it is wholly or partly constituted by appointment made by Her Majesty, a Minister of the Crown or government department or the Assembly.
3
An order under paragraph 14(3) shall not add to paragraph 14(2) a body whose sole activity is, or whose main activities are, included among any one or more of the following—
a
the provision of education,
b
the development of curricula, the conduct of examinations or the validation of educational courses,
c
the provision of training otherwise than under the M1Industrial Training Act 1982,
d
the control of entry to any profession or the regulation of the conduct of members of any profession, and
e
the investigation of complaints by members of the public regarding the actions of any person or body or the supervision or review of, or of steps taken following, such an investigation,
or a body operating in an exclusively or predominantly commercial manner or carrying on under national ownership an industry or undertaking or part of an industry or undertaking.
4
The Assembly may not make an order under paragraph 15(2) if the result would be that the Welsh Administration Ombudsman could investigate action in connection with the exercise of a body’s functions otherwise than in relation to Wales.
5
In the case of a body which has functions exercisable in a field in which the Assembly does not have functions (as well as in a field in which it does)—
a
where the Assembly by order under paragraph 14(3) adds the body to paragraph 14(2) it shall (by order under paragraph 15(2)) add to paragraph 15(1) a note relating to the body, and
b
the Assembly may not make an order under paragraph 15(2) if the result would be that the Welsh Administration Ombudsman could investigate action in connection with the exercise of the body’s functions in a field in which the Assembly does not have functions.
6
In the case of a body which is an authority to which the M2Parliamentary Commissioner Act 1967 applies—
a
where the Assembly by order under paragraph 14(3) adds the body to paragraph 14(2) it shall (by order under paragraph 15(2)) add to paragraph 15(1) a note relating to the body, and
b
the Assembly may not make an order under paragraph 15(2) if the result would be that the Welsh Administration Ombudsman could investigate action which can be investigated under the M3Parliamentary Commissioner Act 1967.
Sch. 9 repealed (12.10.2005 in so far as relates, for certain purposes, to para. 8 and 1.4.2006 otherwise) by Public Services Ombudsman (Wales) Act 2005 (c. 10), ss. 39, 40, Sch. 6 para. 69, Sch. 7 (with s. 38); S.I. 2005/2800, arts. 3, 5(1), Sch. 1 Pt. 2 (with Sch. 2)