Office of Public Sector Information

Section 10

SCHEDULE 2 Excluded matters

1 Action taken by or with the authority of the Assembly or a police authority for a police area in Wales for the purpose of—

(a) the investigation or prevention of crime, or

(b) the protection of the security of the State.

2 The commencement or conduct of proceedings before a court of competent jurisdiction.

3 Action taken by a member of the administrative staff of a relevant tribunal so far as taken at the direction, or on the authority (whether express or implied), of a person acting in his capacity as a member of the tribunal.

4 Action taken in respect of appointments, removals, pay, discipline, superannuation or other personnel matters (apart from procedures for recruitment and appointment) in relation to—

(a) service in an office or employment under the Crown or under a listed authority;

(b) service in an office or employment, or under a contract for services, in respect of which power to take action in personnel matters, or to determine or approve action to be taken in personnel matters, is vested in Her Majesty or a listed authority.

5 Action relating to the determination of the amount of rent.

6 (1) Action taken by an authority specified in sub-paragraph (2) and relating to—

(a) the giving of instruction, or

(b) conduct, curriculum, internal organisation, management or discipline,

in a school or other educational establishment maintained by a local authority in Wales.

(2) The authorities are—

(a) a local authority in Wales;

(b) an admission appeal panel;

(c) the governing body of a community, foundation or voluntary school;

(d) an exclusion appeal panel.

7 Action taken by the National Council for Education and Training for Wales by virtue of paragraph 11 or 12 of Schedule 10 to the Learning and Skills Act 2000 (c. 21) (legal proceedings and agreements etc. to which the Further Education Funding Council for Wales was a party).

8 Action which is or has been the subject of an inquiry under section 84 of the National Health Service Act 1977 (c. 49).

9 Action taken by a Local Health Board in the discharge of its functions under—

(a) the National Health Service (Service Committees and Tribunal) Regulations 1992 or any instrument replacing those regulations;

(b) regulations made under section 38, 39, 41 or 42 of the National Health Service Act 1977 by virtue of section 17 of the Health and Medicines Act 1988 (c. 49) (investigations of matters relating to services).

10 Action relating to arrangements for the provision of family health services made by a Welsh health service body and a family health service provider in Wales, where—

(a) the action is taken by the body or the provider, and

(b) a complaint in respect of the action is made by the provider or the body.

Section 28

SCHEDULE 3 Listed authorities

Government of Wales

• The Assembly.

Local government, fire and police

• A local authority in Wales.

• A joint board the constituent authorities of which are all local authorities in Wales.

• A fire and rescue authority in Wales constituted by a scheme under section 2 of the Fire and Rescue Services Act 2004 (c. 21) or a scheme to which section 4 of that Act applies.

• A police authority for a police area in Wales.

Environment

• A National Park authority for a National Park in Wales.

• The Countryside Council for Wales.

• The Environment Agency.

• The Forestry Commissioners.

• A regional flood defence committee for an area wholly or partly in Wales.

• An internal drainage board for an internal drainage district wholly or partly in Wales.

Health and social care

• The Care Council for Wales.

• A Local Health Board.

• An NHS trust managing a hospital or other establishment or facility in Wales.

• A Special Health Authority not discharging functions only or mainly in England.

• The Wales Centre for Health.

• A Community Health Council.

• An independent provider in Wales.

• A family health service provider in Wales.

• A person with functions conferred by regulations made under section 113(2) of the Health and Social Care (Community Health and Standards) Act 2003 (c. 43).

Housing

• A social landlord in Wales.

Education and training

• The National Council for Education and Training for Wales.

• The Office of Her Majesty’s Chief Inspector of Education and Training in Wales or Prif Arolygydd Ei Mawrhydi dros Addysg a Hyfforddiant yng Nghymru.

• The Higher Education Funding Council for Wales.

• An admission appeal panel constituted in accordance with regulations under section 94(5) or 95(3) of the School Standards and Framework Act 1998 (c. 31).

• The governing body of any community, foundation or voluntary school so far as acting in connection with the admission of pupils to the school or otherwise discharging any of their functions under Chapter 1 of Part 3 of the School Standards and Framework Act 1998.

• An exclusion appeal panel constituted in accordance with regulations under section 52 of the Education Act 2002 (c. 32).

Arts and leisure

• The Arts Council of Wales.

• The Sports Council for Wales.

• The Wales Tourist Board.

Miscellaneous

• The Welsh Development Agency.

• The Welsh Language Board.