Disclosure Section 28: Listed Authorities
87.This section introduces Schedule 3, which lists the persons (in the Act referred to as “listed authorities”) who are liable to investigation by the Ombudsman. In the main, the listed authorities set out in Schedule 3 are subject to investigation by one or other of the existing Welsh ombudsmen.
88.Section 28(2) gives the Assembly power, by order, to amend Schedule 3 by adding or removing listed authorities or changing their entries. Before doing so the Assembly must consult the Ombudsman and any other persons it thinks appropriate (section 28(4)). Section 28(3) provides that an order adding a person to Schedule 3 as a listed authority may apply the Act to that person with modifications. The power to make an order under this section is subject to certain restrictions set out in sections 29 and 30.
89.An order under section 28(2) is to be made by statutory instrument (see section 44(1)) and is Assembly general subordinate legislation (section 44(3)). Consequently, such an order will be subject to the Assembly’s subordinate legislation procedures.