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Rh

3.—(1) In this Act “public authority” means—
 * (a) subject to section 4(4), any body which, any other person who, or the holder of any office which—
 * (i) is listed in Schedule 1, or
 * (ii) is designated by order under section 5, or
 * (b) a publicly-owned company as defined by section 6.

(2) For the purposes of this Act, information is held by a public authority if—
 * (a) it is held by the authority, otherwise than on behalf of another person, or
 * (b) it is held by another person on behalf of the authority.

4.—(1) The Secretary of State may by order amend Schedule 1 by adding to that Schedule a reference to any body or the holder of any office which (in either case) is not for the time being listed in that Schedule but as respects which both the first and the second conditions below are satisfied.

(2) The first condition is that the body or office—
 * (a) is established by virtue of Her Majesty’s prerogative or by an enactment or by subordinate legislation, or
 * (b) is established in any other way by a Minister of the Crown in his capacity as Minister, by a government department or by the National Assembly for Wales.

(3) The second condition is—
 * (a) in the case of a body, that the body is wholly or partly constituted by appointment made by the Crown, by a Minister of the Crown, by a government department or by the National Assembly for Wales, or
 * (b) in the case of an office, that appointments to the office are made by the Crown, by a Minister of the Crown, by a government department or by the National Assembly for Wales.

(4) If either the first or the second condition above ceases to be satisfied as respects any body or office which is listed in Part VI or VII of Schedule 1, that body or the holder of that office shall cease to be a public authority by virtue of the entry in question.

(5) The Secretary of State may by order amend Schedule 1 by removing from Part VI or VII of that Schedule an entry relating to any body or office—
 * (a) which has ceased to exist, or
 * (b) as respects which either the first or the second condition above has ceased to be satisfied.

(6) An order under subsection (1) may relate to a specified person or office or to persons or offices falling within a specified description.

(7) Before making an order under subsection (1), the Secretary of State shall—
 * (a) if the order adds to Part II, III, IV or VI of Schedule 1 a reference to—
 * (i) a body whose functions are exercisable only or mainly in or as regards Wales, or