Commentary on Sections Part 1 – Sustainable management of natural resources Section 10 - Meaning of public body in sections 11 to 15
67.Section 10 lists certain persons as being a ‘public body’ for the purposes of sections 11 to 15 of the Act.
68.Subsection (2) provides that the Welsh Ministers may, by regulations, amend the meaning of public body in section 10 by adding or removing a person from the list, or amending the description of such a person. Only bodies that have public functions may be added to the list (subsection (3)). If the body exercises both public and other functions, only their public functions can be subject to sections 11 to 14 of the Act (subsection (4)). A Minister of the Crown can only be added to subsection (1) if the Secretary of State consents.
69.Prior to exercising this power, the Welsh Ministers must consult NRW, the person to be affected and any other person that they consider appropriate (subsection (5)).