Children and Families (Wales) Measure 2010

6 The Welsh authorities

(1) For the purposes of this Measure, each of the following is a “Welsh authority”—

(a) the Welsh Ministers;

(b) a local authority;

(c) a Local Health Board;

(d) a Welsh fire and rescue authority, that is an authority in Wales constituted by a scheme under section 2 of the Fire and Rescue Services Act 2004 (c. 21) or a scheme to which section 4 of that Act applies;

(e) a National Park authority in Wales;

(f) the Countryside Council for Wales;

(g) the Higher Education Funding Council for Wales;

(h) the Public Health Wales National Health Service Trust;

(i) the National Museum of Wales;

(j) the Arts Council of Wales;

(k) the National Library of Wales;

(l) the Sports Council for Wales.

(2) The Welsh Ministers may by order—

(a) amend or omit any paragraph of subsection (1), except paragraphs (a) and (b);

(b) add paragraphs to that subsection;

(c) amend or omit such additional paragraphs;

(d) make any amendments to section 5 that are necessary or expedient in consequence of any provision made under paragraphs (a) to (c).

(3) Before making an order under subsection (2) to include a person within subsection (1) or to remove a person from subsection (1), the Welsh Ministers must consult that person.

(4) The Welsh Ministers must not exercise their power under subsection (2) so as to include any of the following within subsection (1)—

(a) a person who does not have functions of a public nature;

(b) a person whose principal functions do not relate to one or more of the fields in Part 1 of Schedule 5 to the Government of Wales Act 2006 (c. 32);

(c) a tribunal.

(5) If the Welsh Ministers exercise their power under subsection (2) so as to include a person within subsection (1) who has functions of both a public and a private nature, they must include that person only in relation to those of its functions which are of a public nature.