The Secretary of State may by order impose on a person to whom the duty in section 76A(1) applies, or in so far as that duty applies to a person, a duty which the Secretary of State thinks will ensure better performance of the duty under section 76A(1).
Before making an order under subsection (1) the Secretary of State shall consult the Commission.
The Secretary of State—
(a) must consult the Welsh Ministers before making an order under subsection (1) in respect of a person exercising functions in relation to Wales, and
(b) may not, without the consent of the Welsh Ministers, make an order under subsection (1) in respect of a person all of whose functions are public functions in relation to Wales.
A failure in respect of performance of a duty imposed under subsection (1) does not confer a cause of action at private law.