Functions
4Power to amend Schedule 2
1
a
adding a person;
b
omitting a person;
c
changing the description of a person.
2
An order under subsection (1) may add a person to Schedule 2 only if—
a
the person has functions dischargeable in relation to Wales,
b
c
the person is established by or under an enactment or by virtue of Her Majesty's prerogative or in any other way by a Minister of the Crown, a government department, the F3Welsh Ministers, the First Minister for Wales, the Counsel General to the Welsh Assembly GovernmentF3 or another person mentioned in Schedule 2, and
3
But an order under subsection (1) may add a person to Schedule 2 even if the person does not satisfy the condition in subsection (2)(d), if the Secretary of State consents.
4
An order under subsection (1) may not add to Schedule 2 a person whose sole or main activity is—
a
the investigation of complaints by members of the public about the actions of any person, or
b
the supervision or review of, or of steps taken following, such an investigation.
5
An order under subsection (1) must make provision about which of the functions of a person mentioned in Schedule 2 and specified in the order are to be relevant functions for the purposes of section 3.
6
The provision that may be made by virtue of subsection (5) includes provision amending section 3.