Public Services Ombudsman (Wales) Act 2005

30 Provisions in orders adding persons to Schedule 3 E+W

(1) If the [F1 Welsh Ministers propose] to make an order under section 28(2) adding a person to Schedule 3, [F2 they must] also specify in the order—

(a) whether all or only some of the person's functions are to fall within the remit of the Ombudsman under this Part;

(b) if only some of the person's functions are to fall within the remit of the Ombudsman under this Part, which those functions are.

(2) If the person is to be added to Schedule 3 on the basis that the person falls within section 29(3) or (4), the order may specify a function under subsection (1) only if the function is in a field in which the [F3 Welsh Ministers have, or the First Minister for Wales or the Counsel General to the Welsh Assembly Government has,] functions.

(3) If the person is to be added to Schedule 3 on the basis that the person falls within section 29(5), the order may specify a function under subsection (1) only if—

(a) the function is in a field in which the [F4 Welsh Ministers have, or the First Minister for Wales or the Counsel General to the Welsh Assembly Government has,] functions, and

(b) the function appears to the [F5 Welsh Ministers] to be a function of a public nature.

(4) The order may specify all a person's functions under subsection (1) only if all the person's functions satisfy the requirements of subsection (2) or (as the case may be) subsection (3).

Textual Amendments

F1 Words in s. 30(1) substituted by Government of Wales Act 2006 (c. 32), s. 160(1), Sch. 10 para. 80(2)(a) (with Sch. 11 para. 22), the amending provision coming into force immediately after "the 2007 election" (held on 3.5.2007) subject to s. 161(4)(5) of the amending Act, which provides for certain provisions to come into force for specified purposes 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) - see ss. 46, 161(1)(4)(5) of the amending Act.

F2 Words in s. 30(1) substituted by Government of Wales Act 2006 (c. 32), s. 160(1), Sch. 10 para. 80(2)(b) (with Sch. 11 para. 22), the amending provision coming into force immediately after "the 2007 election" (held on 3.5.2007) subject to s. 161(4)(5) of the amending Act, which provides for certain provisions to come into force for specified purposes 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) - see ss. 46, 161(1)(4)(5) of the amending Act.

F3 Words in s. 30(2) substituted by Government of Wales Act 2006 (c. 32), s. 160(1), Sch. 10 para. 80(3) (with Sch. 11 para. 22), the amending provision coming into force immediately after "the 2007 election" (held on 3.5.2007) subject to s. 161(4)(5) of the amending Act, which provides for certain provisions to come into force for specified purposes 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) - see ss. 46, 161(1)(4)(5) of the amending Act.

F4 Words in s. 30(3)(a) substituted by Government of Wales Act 2006 (c. 32), s. 160(1), Sch. 10 para. 80(4)(a) (with Sch. 11 para. 22), the amending provision coming into force immediately after "the 2007 election" (held on 3.5.2007) subject to s. 161(4)(5) of the amending Act, which provides for certain provisions to come into force for specified purposes 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) - see ss. 46, 161(1)(4)(5) of the amending Act.

F5 Words in s. 30(3)(b) substituted by Government of Wales Act 2006 (c. 32), s. 160(1), Sch. 10 para. 80(4)(b) (with Sch. 11 para. 22), the amending provision coming into force immediately after "the 2007 election" (held on 3.5.2007) subject to s. 161(4)(5) of the amending Act, which provides for certain provisions to come into force for specified purposes 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) - see ss. 46, 161(1)(4)(5) of the amending Act.