(1)The [F1Secretary of State] [F2or the [F3Minister for the Cabinet Office]] may by order amend Schedule 1 by adding to that Schedule a reference to any body or the holder of any office which (in either case) is not for the time being listed in that Schedule but as respects which both the first and the second conditions below are satisfied.
(2)The first condition is that the body or office—
(a)is established by virtue of Her Majesty’s prerogative or by an enactment or by subordinate legislation, or
(b)is established in any other way by a Minister of the Crown in his capacity as Minister, by a government department or by [F4the Welsh Ministers, the First Minister for Wales or the Counsel General to the Welsh Assembly Government].
(3)The second condition is—
(a)in the case of a body, that the body is wholly or partly constituted by appointment made by the Crown, by a Minister of the Crown, by a government department or by [F5the Welsh Ministers, the First Minister for Wales or the Counsel General to the Welsh Assembly Government], or
(b)in the case of an office, that appointments to the office are made by the Crown, by a Minister of the Crown, by a government department or by [F5the Welsh Ministers, the First Minister for Wales or the Counsel General to the Welsh Assembly Government].
(4)If either the first or the second condition above ceases to be satisfied as respects any body or office which is listed in Part VI or VII of Schedule 1, that body or the holder of that office shall cease to be a public authority by virtue of the entry in question.
(5)The [F1Secretary of State] [F6or the [F7Minister for the Cabinet Office]] may by order amend Schedule 1 by removing from Part VI or VII of that Schedule an entry relating to any body or office—
(a)which has ceased to exist, or
(b)as respects which either the first or the second condition above has ceased to be satisfied.
(6)An order under subsection (1) may relate to a specified person or office or to persons or offices falling within a specified description.
(7)Before making an order under subsection (1), the [F1Secretary of State] [F8or the [F9Minister for the Cabinet Office]] shall—
(a)if the order adds to Part II, III, IV or VI of Schedule 1 a reference to—
(i)a body whose functions are exercisable only or mainly in or as regards Wales, or
(ii)the holder of an office whose functions are exercisable only or mainly in or as regards Wales,
consult [F10the Welsh Ministers], and
(b)if the order relates to a body which, or the holder of any office who, if the order were made, would be a Northern Ireland public authority, consult the First Minister and deputy First Minister in Northern Ireland.
(8)This section has effect subject to section 80.
(9)In this section “Minister of the Crown” includes a Northern Ireland Minister.
Textual Amendments
F1Words in s. 4 substituted (19.8.2003) by The Secretary of State for Constitutional Affairs Order 2003 (S.I. 2003/1887), art. 9, Sch. 2 para. 12(1)(a)
F2Words in s. 4(1) inserted (9.12.2015) by The Transfer of Functions (Information and Public Records) Order 2015 (S.I. 2015/1897), art. 1(2), Sch. para. 2(2)(a)
F3Words in s. 4(1) substituted (9.11.2016) by The Transfer of Functions (Elections, Referendums, Third Sector and Information) Order 2016 (S.I. 2016/997), art. 1(2), Sch. 2 para. 14(2)(a) (with art. 12)
F4Words in s. 4(2)(b) substituted by The Government of Wales Act 2006 (Consequential Modifications and Transitional Provisions) Order 2007 (S.I. 2007/1388), art. 3, Sch. 1 para. 78(2) (the amendment coming into force immediately after the end of "the initial period" (which ended with the day of the first appointment of a First Minister on 25.5.2007) in accordance with art. 1(2)(3) of the amending S.I. and see ss. 46, 161(5) of Government of Wales Act 2006 (c. 32))
F5Words in s. 4(3)(a)(b) substituted by The Government of Wales Act 2006 (Consequential Modifications and Transitional Provisions) Order 2007 (S.I. 2007/1388), art. 3, Sch. 1 para. 78(3) (the amendment coming into force immediately after the end of "the initial period" (which ended with the day of the first appointment of a First Minister on 25.5.2007) in accordance with art. 1(2)(3) of the amending S.I. and see ss. 46, 161(5) of Government of Wales Act 2006 (c. 32))
F6Words in s. 4(5) inserted (9.12.2015) by The Transfer of Functions (Information and Public Records) Order 2015 (S.I. 2015/1897), art. 1(2), Sch. para. 2(2)(a)
F7Words in s. 4(5) substituted (9.11.2016) by The Transfer of Functions (Elections, Referendums, Third Sector and Information) Order 2016 (S.I. 2016/997), art. 1(2), Sch. 2 para. 14(2)(a) (with art. 12)
F8Words in s. 4(7) inserted (9.12.2015) by The Transfer of Functions (Information and Public Records) Order 2015 (S.I. 2015/1897), art. 1(2), Sch. para. 2(2)(a)
F9Words in s. 4(7) substituted (9.11.2016) by The Transfer of Functions (Elections, Referendums, Third Sector and Information) Order 2016 (S.I. 2016/997), art. 1(2), Sch. 2 para. 14(2)(a) (with art. 12)
F10Words in s. 4(7)(a)(ii) substituted by The Government of Wales Act 2006 (Consequential Modifications and Transitional Provisions) Order 2007 (S.I. 2007/1388), art. 3, Sch. 1 para. 78(4) (the amendment coming into force immediately after the end of "the initial period" (which ended with the day of the first appointment of a First Minister on 25.5.2007) in accordance with art. 1(2)(3) of the amending S.I. and see ss. 46, 161(5) of Government of Wales Act 2006 (c. 32))
Modifications etc. (not altering text)
C1S. 4(1) functions made exercisable concurrently (9.12.2015) by The Transfer of Functions (Information and Public Records) Order 2015 (S.I. 2015/1897), arts. 1(2), 3(1), (2)(a) (with art. 5)
C2S. 4(5)(7) functions made exercisable concurrently (9.12.2015) by The Transfer of Functions (Information and Public Records) Order 2015 (S.I. 2015/1897), arts. 1(2), 3(1), (2)(a) (with art. 5)