37.Subsection (1) contains a power for the Secretary of State to make an order, subject to affirmative procedure, to include within the scope of the Act any person or office which is not described in Schedule 1 nor capable of being added to that Schedule by an order made under section 4(1) but which:
	appears to the Secretary of State to exercise functions of a public nature, or
	is providing contractual services to a public authority where the provision of that service is one of the functions of the authority.
38.Subsection (3) requires the Secretary of State to consult any person in respect of whom he proposes to make an order under subsection (1).
Commentary on Sections Right to information Section 5: Further power to designate public authorities