C1Part 11Advancement of equality

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Chapter 1Public sector equality duty

151Power to specify public authorities

1

A Minister of the Crown may by order amend Part 1, 2 or 3 of Schedule 19.

2

The Welsh Ministers may by order amend Part 2 of Schedule 19.

3

The Scottish Ministers may by order amend Part 3 of Schedule 19.

4

The power under subsection (1), (2) or (3) may not be exercised so as to—

a

add an entry to Part 1 relating to a relevant Welsh or Scottish authority or a cross-border Welsh or Scottish authority;

b

add an entry to Part 2 relating to a person who is not a relevant Welsh authority;

c

add an entry to Part 3 relating to a person who is not a relevant Scottish authority.

5

A Minister of the Crown may by order amend Schedule 19 so as to make provision relating to a cross-border Welsh or Scottish authority.

6

On the first exercise of the power under subsection (5) to add an entry relating to a cross-border Welsh or Scottish authority to Schedule 19, a Minister of the Crown must—

a

add a Part 4 to the Schedule for cross-border authorities, and

b

add the cross-border Welsh or Scottish authority to that Part.

7

Any subsequent exercise of the power under subsection (5) to add an entry relating to a cross-border Welsh or Scottish authority to Schedule 19 must add that entry to Part 4 of the Schedule.

8

An order may not be made under this section so as to extend the application of section 149 unless the person making it considers that the extension relates to a person by whom a public function is exercisable.

9

An order may not be made under this section so as to extend the application of section 149 to—

a

the exercise of a function referred to in paragraph 3 of Schedule 18 (judicial functions, etc);

b

a person listed in paragraph 4(2)(a) to (e) of that Schedule (Parliament, devolved legislatures and General Synod);

c

the exercise of a function listed in paragraph 4(3) of that Schedule (proceedings in Parliament or devolved legislatures).