(1)The [F1Secretary of State] [F2or the Chancellor of the Duchy] may by order designate as a public authority for the purposes of this Act any person who is neither listed in Schedule 1 nor capable of being added to that Schedule by an order under section 4(1), but who—
(a)appears to the Secretary of State[F2or the Chancellor of the Duchy] to exercise functions of a public nature, or
(b)is providing under a contract made with a public authority any service whose provision is a function of that authority.
(2)An order under this section may designate a specified person or office or persons or offices falling within a specified description.
(3)Before making an order under this section, the [F1Secretary of State] [F3or the Chancellor of the Duchy] shall consult every person to whom the order relates, or persons appearing to him to represent such persons.
(4)This section has effect subject to section 80.
Textual Amendments
F1Words in s. 5 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. 5(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)(b)
F3Words in s. 5(3) 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)(b)
Modifications etc. (not altering text)
C1S. 5(1)(3) 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)(b) (with art. 5)