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The National Assembly for Wales (Transfer of Functions) Order 1999

Type Statutory-Instrument
Publication 1999-03-10
Last updated 2024-11-04
State In force
Department King's Printer of Acts of Parliament
Source legislation.gov.uk
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articles 2
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  • Water Industry Act 1991 (c. 56) except sections 1, 14, 15, 17, 24(2)(d), 27(3), 32 to 35, 152(2), 193(3), 206(3)(e) and Schedules 1 and 4. Functions under sections 2, 5, 6 to 13, 18 to 22, 24 (except 24(2)(d)), 26, 37 to 39, 65, 68 to 70, 74, 93A, 94 to 96, 101A, 103, 104, 143(3A), 149, 150A, 153, 154, 156, 182, 195, 198 to 203, 205 and Schedule 5 are transferred to the Assembly, with respect to both water supply and sewerage, in relation to the Dwâr Cymru water and sewerage undertaker and its area of appointment as at the time of this transfer and, with respect to water supply only, in relation to the Dee Valley water undertaker and its area of appointment as at the time of this transfer. The function under section 28(4) is transferred in relation to the customer service committee to which the Dwâr Cymru water and sewerage undertaker and the Dee Valley water undertaker are allocated. Functions under section 67 are transferred to the Assembly as follows— for the making of regulations concerning water supplied by water undertakers, the function is transferred in relation to the areas of appointment of the Dwâr Cymru and Dee Valley undertakers as at the time of this transfer; for the making of regulations concerning water supplied other than by a water undertaker, the function is transferred in relation to Wales. Functions under sections 3, 86, 213 to 215 and paragraph 11(3)(b) of Schedule 6 shall be exercisable by the Assembly to the same extent as the powers, duties and other provisions to which those sections apply are exercisable by the Assembly. In respect of the functions under sections 155, 167, 169(4) and (5) and Schedule 11 it is provided as follows— functions under these provisions so far as relating to matters concerning the construction or enlargement of reservoirs are transferred to the Assembly in relation to Wales; functions under these provisions so far as relating to matters other than the construction or enlargement of reservoirs are transferred to the Assembly in relation to such parts of Wales as are outside the catchment areas of the rivers Dee, Wye and Severn; it is directed that functions under these provisions so far as relating to matters other than the construction or enlargement of reservoirs shall, in relation to such parts of Wales as are within the catchment areas of the rivers Dee, Wye and Severn, be exercisable by the Assembly concurrently with the Secretary of State. The functions under section 208 of giving directions for the purpose of mitigating the effects of any civil emergency and the function of enforcing such directions are transferred to the Assembly in relation to the Dwâr Cymru water and sewerage undertaker and the Dee Valley water undertaker and their areas of appointment as at the time of this transfer, and it is directed that the other functions under section 208 shall be exercisable by the Assembly concurrently with the Secretary of State in relation to those undertakers and areas. It is directed that functions under sections 19(4), 20(9), 27(4), 207 and 221(4) shall be exercisable by the Assembly concurrently with the Ministers of the Crown by whom they are exercisable. It is directed that the functions under section 152(1) shall be exercisable by the Assembly concurrently with the Secretary of State in relation to the Dwâr Cymru water and sewerage undertaker and the Dee Valley water undertaker and it shall be so exercisable free from the Treasury approval requirement under section 152(2). Article 2(c) of this Order shall not have effect in relation to those functions which, under the above provisions, are transferred to the Assembly in relation to the Dwâr Cymru water and sewerage undertaker and the Dee Valley water undertaker.
  • Water Resources Act 1991 (c. 57) except— section 82 so far as exercisable in relation to those parts of Wales which are within the catchment areas of the rivers Dee, Wye and Severn; section 102 and paragraph 2(2) of Schedule 25; any function of the Minister of Agriculture, Fisheries and Food as “the relevant Minister” under sections 108, 140 and 141, or paragraph 7(a) of Schedule 26; any function which is expressly referred to in this Act as a function of the Secretary of State for the Environment, Transport and the Regions, by virtue of the Secretary of State for the Environment, Transport and the Regions Order 1997 (S.I. 1997/2971). In respect of the functions of a Minister of the Crown under sections 20(3) and 75(5)(c) it is provided as follows— functions under these provisions so far as relating to matters concerning the construction or enlargement of reservoirs are transferred to the Assembly in relation to Wales; functions under these provisions so far as relating to matters other than the construction or enlargement of reservoirs are transferred to the Assembly in relation to those parts of Wales which are outside the catchment areas of the rivers Dee, Wye and Severn; it is directed that the functions under these provisions so far as relating to matters other than the construction or enlargement of reservoirs shall, in relation to those parts of Wales which are within the catchment areas of the rivers Dee, Wye and Severn, be exercisable by the Assembly concurrently with the Secretary of State. Functions under section 92 are transferred to the Assembly only in relation to those parts of Wales which are outside the catchment areas of the rivers Dee, Wye and Severn and in relation to those parts of Wales which are within those catchment areas it is directed that the functions under section 92 shall be exercisable by the Assembly concurrently with the Secretary of State. The functions under section 207 of giving directions for the purpose of mitigating the effects of any civil emergency are transferred to the Assembly and it is directed that the other functions under that section shall be exercisable by the Assembly concurrently with the Secretary of State. It is directed that the functions under sections 191A and 222(4) shall be exercisable by the Assembly concurrently with the Secretary of State. Paragraph 6 of Schedule 3 to the Government of Wales Act 1998 shall apply to the functions of the Secretary of State under the following provisions to the extent that they are transferred to the Assembly by this Order: sections 21, 22 and Schedule 5, section 33 and Schedule 6, sections 41 and 42, section 43 except in relation to the power to prescribe matters as referred to therein, section 44, section 52 except in relation to the power to prescribe matters as referred to in subsection (4), sections 53(4) and 54, section 55 except the power to prescribe matters as referred to in subsection (4), section 56, section 71 so far as it applies to section 33, section 73 and Schedule 8, section 74, section 75 except subsection (5)(c), sections 76, 78 and 83, section 88 and Schedule 10, section 90B, section 91 except subsection (2K), section 93 and Schedule 11, sections 154, 157, 158(2), 168, 171(4) and (5), and Schedule 19 except, in all cases, in respect of any functions relating to matters concerning the construction or enlargement of reservoirs, section 161A(12), section 161C (except the power to make regulations). The Treasury consent requirement under paragraph 7 of Schedule 12 shall continue in effect.
  • Land Drainage Act 1991 (c. 59) except section 31, and except the functions of the Minister of Agriculture, Fisheries and Food under sections 1 to 7, 9, 10, 19, 33, 34, 38, 39, 47, 51, 52, 55, 57, 58, 61A, 61B, 61D, 62(1), 63, 66 and 69, and Schedules 1 and 2, paragraph 8 of Schedule 3 (so far as relating to matters concerning orders under sections 3 to 5) and Schedule 5. The Secretary of State consent requirements under section 35(3) shall continue in effect. In the case of any order proposed to be made under section 61E which relates only to Wales, the requirement to consult the Countryside Commission, the Nature Conservancy Council for England and the Historic Buildings and Monuments Commission for England shall not have effect.
  • Water Consolidation (Consequential Provisions) Act 1991 (c. 60)
  • Further and Higher Education Act 1992 (c. 13) except sections 1(7), 62(8) and paragraph 7(6) and (7) of Schedule 1. The Treasury approval requirement under paragraph 5(4) of Schedule 1 and the Treasury consent requirement under paragraph 7(4) of that Schedule shall continue in effect so far as they relate to pensions. The Treasury approval requirements under paragraph 16(2) of Schedule 1 shall continue in effect and reference to the Assembly shall be substituted for the reference therein to Parliament. The functions of the Comptroller and Auditor General in paragraph 16 of Schedule 1 are, in relation to statements of accounts of the Further Education Funding Council for Wales and the Higher Education Funding Council for Wales for financial years beginning in and after 1999, transferred to the Auditor General for Wales and in relation thereto paragraph 16(3) shall have effect so that for the requirement to lay before each House of Parliament the documents referred to therein, there shall be substituted a requirement for the Auditor General for Wales to lay those documents before the Assembly.
  • Local Government Finance Act 1992 (c. 14) except section 13(9), paragraph 5(1) of Schedule 3 and paragraph 6 of Schedule 4. The power to make regulations under section 1(3) is transferred to the Assembly except as regards a dwelling part only of which falls within the area of a Welsh billing authority. It is directed that the functions under paragraphs 14 and 15 of Schedule 2 shall be exercisable by the Assembly concurrently with the Secretary of State. The functions of the Secretary of State under Chapter V of Part I shall be transferred only in respect of financial years beginning in and after 2000. Notwithstanding section 45(3) of the Government of Wales Act 1998, any reference to the approval of a report by the House of Commons shall be construed as a reference to the publication of the report by the Assembly.
  • Tourism (Overseas Promotion) (Wales) Act 1992 (c. 26) subject to the modification that the requirement in section 1(2) for consultation with the British Tourist Authority shall cease to have effect.
  • Transport and Works Act 1992 (c. 42) except— the order-making function under sections 1 and 3 where any order made thereunder would have effect both in Wales and England; section 25(4), Part II and section 60; the order, rule and regulation-making powers conferred by sections 2, 4, 6(2) to (6), 7(1)(a) and (4), 8, 10 and 15; and the functions vested in a “Minister of the Crown” under section 9(4) and (5). It is directed that the functions of “the Secretary of State” under section 9 shall be exercisable by the Assembly concurrently with the Secretary of State. Orders made by the Assembly shall be subject to special parliamentary procedure to such extent as is provided for by the references under section 12, to section 18 of, and paragraph 5 of Schedule 3 to, the Acquisition of Land Act 1981. Section 23(10) shall have effect as if the references to the Welsh Office were references to the Assembly and in relation thereto the reference to the Parliamentary Commissioner Act 1967 (c. 13) shall have effect as if it were a reference to Schedule 9 to the Government of Wales Act 1998.
  • Museums and Galleries Act 1992 (c. 44) sections 6(6) and 9 so far as they relate to the Court of Governors of the National Library of Wales and the Council of the National Museum of Wales. The Treasury consent requirement under section 9(5) shall continue in effect. The functions of the Comptroller and Auditor General in section 9(7) and (8) are, in relation to statements of account prepared by the above-named bodies for financial years beginning in and after 1999, transferred to the Auditor General for Wales and in relation thereto section 9(8) shall have effect so that for the requirement to lay before Parliament the documents referred to therein, there shall be substituted a requirement for the Auditor General for Wales to lay those documents before the Assembly.
  • Clean Air Act 1993 (c. 11) except sections 30 to 32, 36(6) and 48. It is directed that the function under section 46(1) shall be exercisable by the Assembly concurrently with any Minister of the Crown by whom it is exercisable.
  • Radioactive Substances Act 1993 (c. 12) except sections 1(5), 8(6), 11(1), 15 and 25. It is directed that the functions of the Secretary of State under sections 25 and 39 shall be exercisable by the Assembly concurrently with the Secretary of State.
  • Leasehold Reform, Housing and Urban Development Act 1993 (c. 28)
  • Agriculture Act 1993 (c. 37) except the functions of the Minister of Agriculture, Fisheries and Food.
  • Welsh Language Act 1993 (c. 38) except any function of the Treasury. It is directed that the functions under sections 25 and 26 shall be exercisable by the Assembly concurrently with any Minister of the Crown by whom they are exercisable. The Treasury approval requirement under paragraph 12(2) of Schedule 1 shall continue in effect. The functions of the Comptroller and Auditor General in paragraph 12(3) and (4) of Schedule 1 are transferred to the Auditor General for Wales in relation to accounting years beginning in and after 1999 and in relation thereto paragraph 12(4) shall have effect so that for the requirement to lay before each House of Parliament the documents referred to therein, there shall be substituted a requirement for the Auditor General for Wales to lay those documents before the Assembly. Paragraph 6(3) of Schedule 1 shall have effect only to allow attendance at meetings of the Board of a person appointed by the Assembly.
  • National Lottery etc. Act 1993 (c. 39) in respect of— sections 25C (except subsection (3)(b)), 26(1) and (5) and 27 so far as they relate to the Arts Council of Wales and the Sports Council for Wales; section 43B(1) so far as it relates to initiatives of the New Opportunities Fund that apply only in respect to Wales or any part of Wales and section 43C(4) and (5) so far as it relates thereto; paragraphs 2(1) and (2) and 7(1) and (2) of Schedule 3A so far as they relate to a joint scheme in which the only participating bodies are the Arts Council of Wales and the Sports Council for Wales. It is directed that the functions under the following provisions shall be exercisable by the Assembly concurrently with the Secretary of State— section 26(1) so far as it relates to the National Lottery Charities Board and the New Opportunities Fund but excluding any power to give a direction to such bodies as to the allocation of resources to Wales (or any part of Wales) or between Wales (or any part of Wales) and any other part of the United Kingdom or as to conditions that apply to the whole of the United Kingdom; section 26(2) but excluding any power to give a direction to the National Heritage Memorial Fund as to the allocation of resources to Wales (or any part of Wales) or between Wales (or any part of Wales) and any other part of the United Kingdom or as to conditions that apply to the whole of the United Kingdom; section 26(5) so far as it relates to the concurrently exercisable functions specified in paragraphs (a) and (b) above; section 43C(1) but excluding any power of direction as to the allocation of resources to Wales (or any part of Wales) or between Wales (or any part of Wales) and any other part of the United Kingdom or as to conditions that apply to the whole of the United Kingdom; section 43C(2) so far as it relates to the concurrently exercisable function specified in the preceding paragraph (d). The requirements in the following provisions for documents to be laid before Parliament shall have effect so as to require those documents additionally to be laid before the Assembly— sections 14(3) and 34(3) so far as they require the Secretary of State to lay before Parliament copies of reports by or relating to the Arts Council of Wales, the Sports Council for Wales, the National Lotteries Charities Board, the National Heritage Memorial Fund and the New Opportunities Fund; section 35(5) so far as it requires the Comptroller and Auditor General to lay before Parliament copies of the statement of accounts of the Arts Council of Wales and the Sports Council for Wales and of his reports thereon; section 25C(6)(b) so far as it requires the Secretary of State to lay before Parliament a copy of the document containing the strategic plan of the National Lottery Charities Board, the National Heritage Memorial Fund or the New Opportunities Fund. The requirement under section 25C(3)(a) that a strategic plan of a distributing body must contain a statement of any direction given to that body by the Secretary of State under section 26(1) or 43C(1) shall, in relation to such plan of the Arts Council of Wales, the Sports Council for Wales, the National Lotteries Charity Board and the New Opportunities Fund, have effect so that any such strategic plan must also include a statement of any such direction given by the Assembly and section 25C(4) shall be construed accordingly. Section 60(6) of the 1993 Act shall have effect as if the reference to the Secretary of State included a reference to the Assembly.
  • Cardiff Bay Barrage Act 1993 (c. 42) except paragraphs 2(2), 7, 8(1) and 9 of Schedule 2 and paragraphs 2, 3 and 7 of Schedule 6.
  • Local Government (Wales) Act 1994 (c. 19) sections 17, 25, 38, 54(6), 57(7), 58, 60(4) and Part III of Schedule 5.
  • Education Act 1994 (c. 30) except— sections 2, 3(2), 17 and Schedule 1; and functions relating to the Teacher Training Agency other than so far as functions are conferred by section 1(3).
  • Criminal Justice and Public Order Act 1994 (c. 33) section 80.
  • Environment Act 1995 (c. 25) except— section 1(2)(a) and (3); section 41 and section 42 other than subsection (10); sections 45(4), 48(5) and 52(3); the function of laying copy accounts and reports before each House of Parliament under section 46(3); the function of the Treasury under section 49(5). Functions under the following provisions are transferred not in relation to Wales but in the manner indicated, and article 2(c) of this Order shall not have effect in relation thereto— the function under section 1(2)(b) is transferred to the Assembly to the extent that it may make such appointments as will ensure that there is at all times one member of the Agency appointed by it, and under Schedule 1 only functions vested in “the appropriate Minister” are transferred to the Assembly, and only to the extent that such functions relate to any member appointed by the Assembly; functions under section 12 and Schedule 3 are transferred to the Assembly in relation to such region as is determined under section 12(6) and the committee which is established for that region; functions under section 13 are transferred to the Assembly in relation to such region as is determined under subsection (5) and the committee which is established for that region and such local advisory committees, and their respective areas of responsibility, as are established within that region; the functions under sections 15 and 16 which are transferred to the Assembly are only the functions of the Secretary of State but those functions are transferred to the full extent that they are exercisable by the Secretary of State; functions under sections 17 and 18 are transferred to the Assembly in relation to the regional flood defence committee for an area the whole or the greater part of which is in Wales; the functions under Schedule 4 which are transferred to the Assembly are only the functions of the Secretary of State except that there are also transferred to the Assembly functions exercisable by the Minister of Agriculture, Fisheries and Food in pursuance of sub-paragraph (a) of the definition of “the relevant Minister” in paragraph 1(5) in relation to the alteration of the boundaries of an area the whole of which is in Wales; functions under Schedule 5 are transferred to the Assembly in relation to any regional flood defence committee for an area wholly or mainly in Wales and in relation to any local flood defence committee for a district within the area of that regional flood defence committee. It is directed that the function under section 48(2) and (4) shall be exercisable by the Assembly concurrently with any other Minister of the Crown by whom it is exercisable but subject to the limitation that the Assembly shall not have power to consent to any borrowing which would cause the aggregate amount outstanding in respect of the principal of sums borrowed by the Environment Agency in pursuance of consent given by the Assembly under subsection (2) to exceed £10 million. It is directed that the functions under sections 37(2) and (4), 38, 44, 46(1), 47, 48(3), 49 (except the function of the Treasury under subsection (5)), 50, 51, 52(2) and (4), 53(1)(b), 113 and 115(5) shall be exercisable by the Assembly concurrently with any other Minister of the Crown by whom they are exercisable. The function under section 47 shall be exercisable by the Assembly free from the requirement for Treasury approval. In respect of section 40 it is provided as follows— it is directed that the functions under this section shall be exercisable by the Assembly concurrently with any Minister of the Crown by whom they are exercisable; this direction is made, not in relation to Wales, but in relation to the Environment Agency as a cross-border body; to the extent specified in paragraph (d) below, functions under section 40 shall be exercisable by the Assembly only with the agreement of the Secretary of State or the Minister of Agriculture, Fisheries and Food; the requirement for the Assembly to exercise functions only with the agreement of the Secretary of State or the Minister of Agriculture, Fisheries and Food applies where such exercise would have any effect in England or, additionally, being an exercise of the functions in relation to water resources management, water supply, rivers or other watercourses, control of pollution of water resources, sewerage or land drainage, it would have any effect in those parts of Wales which are within the catchment areas of the rivers Dee, Wye and Severn. The requirement under section 9(3) for consultation with the Countryside Commission, the Nature Conservancy Council for England, the Historic Buildings and Monuments Commission for England and the Sports Council shall not apply to the Assembly. In section 42 references to the Secretary of State in the context of functions carried out under or in consequence of the Radioactive Substances Act 1993 shall include the Assembly to the extent that those functions are functions of the Assembly. The requirements under sections 46(3) and 52(1) for the Environment Agency to send copy accounts and reports to “the appropriate Ministers” shall have effect to require the Agency additionally to send those documents to the Assembly. The functions of the Comptroller and Auditor General under sections 46(4) and 49(3) and (4) shall become functions also of the Auditor General for Wales so far as they relate to any of the Welsh functions of the Environment Agency or to any funding provided to that Agency by the Assembly and in relation thereto section 46(4) shall have effect as if— paragraph (b) thereof empowered the Auditor General for Wales to report to the Assembly the result of any inspection carried out by him under paragraph (a) thereof; and it empowered the Auditor General for Wales to carry out an examination under section 145 of the Government of Wales Act 1998 in relation to the Environment Agency’s Welsh functions or to any funding provided to that Agency by the Assembly as if that Agency were to that extent a body specified in Schedule 17 to that Act. The Treasury consent requirement under section 45(2) and the Treasury approval requirements under sections 44(1) and 49(1) and (2) shall continue in effect.
  • Town and Country Planning (Costs of Inquiries etc.) Act 1995 (c. 49)
  • National Health Service (Residual Liabilities) Act 1996 (c. 15)
  • Nursery Education and Grant-maintained Schools Act 1996 (c. 50)
  • Housing Act 1996 (c. 52) except Part IV and sections 186, 187 and 221(5). It is directed that the functions under section 185 shall be exercisable by the Assembly concurrently with the Secretary of State. Article 3 of this Order shall not have effect in relation to regulations made under this provision.
  • Housing Grants, Construction and Regeneration Act 1996 (c. 53)
  • Education Act 1996 (c. 56) except— sections 333(5) and (6), 334(2), 335 and 336; the regulation-making functions under sections 492 to 494; sections 492(5), 494(4) and 495 so far as they relate to a dispute to which only one party is in Wales; and paragraph 5 of Schedule 34.
  • School Inspections Act 1996 (c. 57) except section 4(4) and paragraphs 1, 2(3) and 3 of Schedule 1. Section 5(6) shall have effect as if the reference to “government policy” was a reference to policy adopted or formulated by the Assembly. In paragraphs 1 and 2(3) of Schedule 1, the references to the Treasury shall have effect as references to the Assembly. The Treasury approval requirement under paragraph 4(3) of Schedule 5 shall continue in effect so far as it relates to pensions.
  • Nurses, Midwives and Health Visitors Act 1997 (c. 24) sections 5, 6(1)(e), 17 and 18 so far as they relate to the Welsh National Board for Nursing, Midwifery and Health Visiting (“the Board”). The function of the Secretary of State under section 19(5) is transferred to the Assembly so far as it relates to rules solely affecting the Board. The Treasury consent requirement under section 5(5), so far as it relates to pensions, and the Treasury approval requirement under section 18(1)(b), shall continue in effect. The functions of the Comptroller and Auditor General in section 18(2), (4), (5) and (7) are, in relation to statements of account prepared by the Board for financial years beginning in and after 1999, transferred to the Auditor General for Wales and in relation thereto, section 18(7)(a) shall have effect so that for the requirement to lay before each House of Parliament the documents referred to therein, there shall be substituted a requirement for the Auditor General for Wales to lay those documents before the Assembly.
  • Education Act 1997 (c. 44) except sections 21, 26, Schedule 4 and paragraph 10(2) of Schedule 5. The functions of the Secretary of State under section 36 are transferred so far as relating to the Qualifications, Curriculum and Assessment Authority for Wales. The Treasury approval requirement under paragraph 17(2) of Schedule 5 shall continue in effect. The functions of the Comptroller and Auditor General in paragraph 17 of Schedule 5 are, in relation to statements of accounts for financial years beginning in and after 1999, transferred to the Auditor General for Wales and in relation thereto paragraph 17(3) shall have effect so that for the requirement to lay before each House of Parliament the documents referred to therein, there shall be substituted a requirement for the Auditor General for Wales to lay those documents before the Assembly.
  • National Health Service (Private Finance) Act 1997 (c. 56)
  • Plant Varieties Act 1997 (c. 66) except the functions of “the Ministers” so far as exercisable by a Minister of the Crown other than the Secretary of State for Wales under sections 2, 11, 18, 27 to 29, Schedule 1 and paragraphs 7, 14 and 15 of Schedule 3.
  • Audit Commission Act 1998 (c. 18) except sections 1, 4, 38, 39, 40(2), 50 and paragraphs 4 to 14 of Schedule 1. It is directed that the functions of the Secretary of State under section 29(1) shall be exercisable by the Assembly concurrently with the Secretary of State. Section 32(1) and (2) shall, in relation to a police authority established for a police area in Wales, have effect as if the references to “the Secretary of State” included reference to the Assembly. The function of the Comptroller and Auditor General under section 33(5) and (6)(c) shall, in relation to a health service body in Wales specified in Part II of Schedule 17 to the Government of Wales Act 1998, be exercisable also by the Auditor General for Wales. Section 34(2) to (6) shall, in relation to reports prepared under section 34(1) on the provision of services in Wales or the financial management of a body exercising functions in Wales, have effect as if references to the Comptroller and Auditor General included a reference to the Auditor General for Wales but so that the provision under section 34(5) for laying a report before the House of Commons were, in relation to the Auditor General for Wales, a provision for laying a report before the Assembly. Section 49(1)(c) shall have effect as if the reference to “the Secretary of State” included a reference to the Assembly and as if the reference to “the Comptroller and Auditor General” included a reference to the Auditor General for Wales. Paragraphs 11(4) and 14(2) of Schedule 1, so far as they provide for the laying of documents before Parliament, shall have effect as if they also provided for the laying of such documents before the Assembly.
  • Road Traffic Reduction (National Targets) Act 1998 (c. 24)
  • Teaching and Higher Education Act 1998 (c. 30) in respect of the functions under— Part I; section 25 so far as it relates to the power to make discretionary awards under the Education Act 1962 (c. 12); section 26; section 28(1)(e) so far as it relates to sections 22 and 26; and Part IV.
  • School Standards and Framework Act 1998 (c. 31) except sections 81, 136, 137 and 144.
  • Government of Wales Act 1998 (c. 38) sections 3(4), 36(5) and paragraph 17(9) of Schedule 9, together with Part VII so far as relating thereto.
  • National Minimum Wage Act 1998 (c. 39) in respect of— the function of the “relevant authority” under section 16 so far as exercisable by the Secretary of State for Wales; and the function of the Secretary of State under section 47.

Local and Private Acts

  • Anglesey Marine Terminal Act 1972 (c.li) except sections 19, 20(6), 32, 47(1), 55, 57, 58 and 60. It is directed that the power under section 64(1) for a Minister of the Crown to hold inquiries shall be exercisable by the Assembly concurrently with any Minister of the Crown by whom it is exercisable.
  • Glamorgan County Council Act 1973 (c.i) It is directed that the power under section 163 for a Minister of the Crown to hold inquiries shall be exercisable by the Assembly concurrently with any Minister of the Crown by whom it is exercisable.
  • Mid Glamorgan County Council Act 1987 (c.vii) It is directed that the power under section 45 for a Minister of the Crown to hold inquiries shall be exercisable by the Assembly concurrently with any Minister of the Crown by whom it is exercisable.
  • West Glamorgan Act 1987 (c.viii) It is directed that the power under section 75 for a Minister of the Crown to hold inquiries shall be exercisable by the Assembly concurrently with any Minister of the Crown by whom it is exercisable.
  • Dyfed Act 1987 (c.xxiv) except sections 48 and 52. It is directed that the power under section 68 for a Minister of the Crown to hold inquiries shall be exercisable by the Assembly concurrently with any Minister of the Crown by whom it is exercisable.

Statutory Instruments

  • The Tourism (Sleeping Accommodation Price Display) Order 1977 (S.I. 1977/1877) Article 7.
  • The Agricultural Land Tribunals (Rules) Order 1978 (S.I. 1978/259) Rule 21 of Schedule 1.
  • The Agriculture Improvement Regulations 1985 (S.I. 1985/1266)[^f00010]
  • The Ionising Radiation (Protection of Persons Undergoing Medical Examination or Treatment) Regulations 1988 (S.I. 1988/778) Regulation 11(2) so far as it applies to regulation 4.
  • The Town and Country Planning (Assessment of Environmental Effects) Regulations 1988 (S.I. 1988/1199)[^f00012]
  • The Land Drainage Improvement Works (Assessment of Environmental Effects) Regulations 1988 (S.I. 1988/1217)[^f00013]
  • The Air Quality Standards Regulations 1989 (S.I. 1989/317)[^f00015]
  • The Clinical Standards Advisory Group Regulations 1991 (S.I. 1991/578) in respect of the functions of “the Health Ministers” so far as exercisable by the Secretary of State for Wales.
  • The Integrated Administration and Control System Regulations 1993 (S.I. 1993/1317)[^f00018]
  • The Ozone Monitoring and Information Regulations 1994 (S.I. 1994/440)
  • The Organic Farming (Aid) Regulations 1994 (S.I. 1994/1721)[^f00021]
  • The Bovine Animals (Records, Identification and Movement) Order 1995 (S.I. 1995/12)[^f00029]
  • The Milk Development Council Order 1995 (S.I. 1995/356) in respect of the functions exercisable by the Secretary of State for Wales.
  • The Agricultural Processing and Marketing Grant Regulations 1995 (S.I. 1995/362)
  • The Town and Country Planning (Environmental Assessment and Permitted Development) Regulations 1995 (S.I. 1995/417)
  • The Welfare of Animals (Slaughter or Killing) Regulations 1995 (S.I. 1995/731) in respect of— the functions of “the Minister”; and the functions of “the Ministers” so far as exercisable by the Secretary of State for Wales.
  • The Moorland (Livestock Extensification) (Wales) Regulations 1995 (S.I. 1995/1159)[^f00030]
  • The Town and Country Planning (Environmenal Assessment and Unauthorised Development) Regulations 1995 (S.I. 1995/2258)[^f00032]
  • The Rural Development Grants (Agriculture) (Wales) Regulations 1996 (S.I. 1996/529)[^f00033]
  • The Protection of Water Against Agricultural Nitrate Pollution (England and Wales) Regulations 1996 (S.I. 1996/888)[^f00035] except the functions of the Minister of Agriculture, Fisheries and Food.
  • The Welfare Food Regulations 1996 (S.I. 1996/1434)[^f00037] except regulations 6, 8, 12, 13(4) and 15.
  • The Potato Industry Development Council Order 1997 (S.I. 1997/266) in respect of the functions exercisable by the Secretary of State for Wales.
  • The Dairy Produce Quotas Regulations 1997 (S.I. 1997/733) in respect of the functions exercisable by the Secretary of State for Wales.
  • The Sheep Annual Premium and Suckler Cow Premium Quotas Regulations 1997 (S.I. 1997/2644)
  • The Cattle Identification Regulations 1998 (S.I. 1998/871) except the functions of the Minister of Agriculture, Fisheries and Food.
  • The Action Programme for Nitrate Vulnerable Zones (England and Wales) Regulations 1998 (S.I. 1998/1202)
  • The Town and Country Planning (Environmental Impact Assessment) (England and Wales) Regulations 1999 (S.I. 1999/293)

SCHEDULE 2 — Enactments Subject to Constraint on Ministerial Exercise

The function of the Secretary of State under section 15(5) shall be exercisable only with the agreement of the Assembly.

Forestry Act 1967 c. 10

The function of “the Treasury” under paragraph 6(1) of Schedule 1 shall be exercisable only after consultation with the Assembly.

Sex Discrimination Act 1975 c. 65

The function of the Secretary of State under section 53(1) of making appointments to the Equal Opportunities Commission shall be exercisable only with the agreement of the Assembly so far as necessary to ensure that there is at all times one Commissioner who has been appointed with the agreement of the Assembly.

Race Relations Act 1976 c. 74

The function of the Secretary of State under section 43(1) of making appointments to the Commission for Racial Equality shall be exercisable only with the agreement of the Assembly so far as necessary to ensure that there is at all times one Commissioner who has been appointed with the agreement of the Assembly.

Local Government, Planning and Land Act 1980 c. 65

The function of the Secretary of State under paragraph 8(1) of Schedule 31 shall be exercisable only with the agreement of the Assembly.

Industrial Development Act 1982 c. 52

The functions of the Secretary of State under section 8(5) and (7) shall be exercisable only after consultation with the Assembly.

The functions of the Secretary of State under section 15, so far as a report required to be made under this section relates to functions of the Assembly under this Act, shall be exercisable only with the agreement of the Assembly.

Mental Health Act 1983 c. 20

The function of the Lord Chancellor under paragraph 1(b) and (c) of Schedule 2 shall be exercisable only after consultation with the Assembly.

Registered Homes Act 1984 c. 23

The functions of the Secretary of State under sections 43 and 45 shall be exercisable only with the agreement of the Assembly.

The functions of the Secretary of State under section 44 shall be exercisable only after consultation with the Assembly.

Road Traffic Regulation Act 1984 c. 27

The functions of “the Ministers” under section 81(2) shall be exercisable only after consultation with the Assembly.

Food and Environment Protection Act 1985 c. 48

To the extent that functions exercisable under sections 8 and 10(1) relate to the abandonment of an “offshore installation” as defined in section 44 of the Petroleum Act 1988 (c. 17), such functions shall be exercisable by a Minister of the Crown only after consultation with the Assembly.

Environmental Protection Act 1990 c. 43

The function of the Secretary of State under paragraph 7(3) of Schedule 7 shall be exercisable only after consultation with the Assembly.

Water Resources Act 1991 c. 57

The function of the Secretary of State under section 82 shall be exercisable only with the agreement of the Assembly.

Further and Higher Education Act 1992 c. 13

The function of the Secretary of State under sections 1(7), 62(8) and 82 shall be exercisable only after consultation with the Assembly.

Local Government Finance Act 1992 c. 14

The function of the Secretary of State under section 1(3) shall, as regards a dwelling part only of which falls within the area of a Welsh billing authority, be exercisable only with the agreement of the Assembly.

Transport and Works Act 1992 c. 42

The order, rule and regulation-making functions of the Secretary of State under sections 1, 3, 6, 7(4), 8, 10 and 15 shall be exercisable only with the agreement of the Assembly.

National Lottery etc. Act 1993 c. 39

The functions specified in paragraphs (a), (b) and (d) of the entry in relation to this Act in Schedule 1 which are to be exercisable by the Assembly concurrently with the Secretary of State, shall, to the extent that they are so exercisable by the Secretary of State, be exercisable by him only after consultation with the Assembly.

The functions under the following provisions shall be exercisable by the Secretary of State only with the agreement of the Assembly—

  • (a) sections 26(3) and (3A), 29(1) and (3)(b) and 35(3) so far as they relate to the Arts Council of Wales and the Sports Council for Wales;
  • (b) paragraphs 2(1) and (2) and 7(1) and (2) of Schedule 3A so far as they relate to a joint scheme (other than one in which the only participating bodies are the Arts Council of Wales and the Sports Council for Wales) the area of which includes all or any part of Wales;
  • (c) paragraph 1(1) of Schedule 5 so far as necessary to ensure that there is at all times one member of the National Lottery Charities Board who has been appointed with agreement of the Assembly;
  • (d) paragraph 1 of Schedule 6A so far as it relates to the appointment, as a member of the New Opportunities Fund, of a person who appears to the Secretary of State to be suited to make the interests of Wales his special care.

Education Act 1994 c. 30

The function of the Secretary of State under section 3(2) shall be exercisable only with the agreement of the Assembly.

Environment Act 1995 c. 25

The functions of the Secretary of State under sections 41 and 42 so far as relating to the making of regulations and the approval of charging schemes shall be exercisable only after consultation with the Assembly.

Education Act 1996 c. 56

The functions of the Secretary of State under sections 333(5) and (6), 334(2), 335 and 336 shall be exercisable only with the agreement of the Assembly.

The regulation-making functions of the Secretary of State under sections 492 to 494 shall be exercisable only after consultation with the Assembly.

The functions of the Secretary of State under sections 492(5), 494(4) and 495, so far as they relate to a dispute to which only one party is in Wales, shall be exercisable only after consultation with the Assembly.

Nurses, Midwives and Health Visitors Act 1997 c. 24

The function of the Secretary of State under section 19(5), so far as it relates to rules affecting the Board together with one or more other Boards, shall be exercisable only after consultation with the Assembly.

Petroleum Act 1998 c. 17

The functions of the Secretary of State under sections 32(1) and (2), 33(1), 34(1), and (7), 35(1), 37(1) and 39(1) shall be exercisable only after consultation with the Assembly.

Audit Commission Act 1998 c. 18

The functions of the Secretary of State under section 1(2) and under paragraph 4(4) of Schedule 1 shall be exercisable only with the agreement of the Assembly so far as necessary to ensure that, at all material times, one of the persons appointed as a member of the Commission shall have been appointed with the agreement of the Assembly.

The functions of the Secretary of State under section 1(3) and under paragraphs 7(1) and 11(1) of Schedule 1 shall be exercisable only after consultation with the Assembly.

SCHEDULE 3 — The Sea Adjacent to Wales

Point No. Latitude Latitude Latitude Latitude Longitude Longitude Longitude Longitude
1 51 34 09 N 02 42 33 W
2 51 33 51 N 02 42 27 W
3 51 32 30 N 02 42 52 W
4 51 31 33 N 02 47 04 W
5 51 27 19 N 02 59 28 W
6 51 25 30 N 03 01 33 W
7 51 21 29 N 03 06 13 W
8 51 21 24 N 03 06 51 W
9 51 20 58 N 03 11 02 W
10 51 17 43 N 03 14 31 W
11 51 17 09 N 03 18 18 W
12 51 19 17 N 03 38 46 W
13 51 23 49 N 03 57 30 W
14 51 21 38 N 04 26 30 W
15 51 24 16 N 04 37 03 W
Point No. Latitude Latitude Latitude Latitude Longitude Longitude Longitude Longitude
--- --- --- --- --- --- --- --- ---
All positions Ordnance Survey of Great Britain 1936 datum. All positions Ordnance Survey of Great Britain 1936 datum. All positions Ordnance Survey of Great Britain 1936 datum. All positions Ordnance Survey of Great Britain 1936 datum. All positions Ordnance Survey of Great Britain 1936 datum. All positions Ordnance Survey of Great Britain 1936 datum. All positions Ordnance Survey of Great Britain 1936 datum. All positions Ordnance Survey of Great Britain 1936 datum. All positions Ordnance Survey of Great Britain 1936 datum.
1 53 20 17 N 03 12 56 W
2 53 20 20 N 03 13 23 W
3 53 21 04 N 03 14 41 W
4 53 24 13 N 03 17 44 W
5 53 25 30 N 03 21 17 W
6 53 27 07 N 03 24 30 W
7 53 31 34 N 03 31 52 W
8 53 33 18 N 03 34 09 W

Signed

A.K. Galloway — Clerk of the Privy Council

Explanatory note

(This note is not part of the Order)

Footnotes

[^f00001]: 1998 c. 38.

[^f00002]: 1998 c. 46. In terms of article 2(1) of the Scotland Act 1998 (Commencement) Order 1998 (S.I. 1998/3178), section 53 comes into force on 1st July 1999.

[^f00003]: S.I. 1965/319.

[^f00004]: S.I. 1969/388.

[^f00005]: S.I. 1978/272.

[^f00006]: S.I. 1972/1679 amended by S.I. 1988/1000.

[^f00007]: S.I. 1980/1298 amended by S.I. 1981/1708, 1983/508, 1983/924, 1983/1763, 1984/618, 1984/1922 and 1985/1025.

[^f00008]: S.I. 1981/1707 amended by S.I. 1983/507, 1983/925, 1983/1762, 1984/620, 1984/1924, 1985/1266 and 1986/1295.

[^f00009]: S.I. 1985/1066 amended by S.I. 1987/798, 1989/1119, 1992/740, 1995/1387, 1996/1906 and 1998/2332.

[^f00010]: S.I. 1985/1266 amended by S.I. 1987/1950, 1988/1201, 1988/1982, 1988/2065, 1989/219, 1990/1125 and 1991/1630.

[^f00011]: S.I. 1986/1110 amended by S.I. 1990/454 and 1992/1836.

[^f00012]: S.I. 1988/1199 amended by S.I. 1989/1968, 1990/367, 1992/1494 and 1994/677.

[^f00013]: S.I. 1988/1217 amended by S.I. 1995/2195.

[^f00014]: S.I. 1989/219 amended by S.I. 1990/1215 and 1991/1630.

[^f00015]: S.I. 1989/317 amended by S.I. 1995/3146.

[^f00016]: S.I. 1991/1630 amended by S.I. 1992/3174, 1993/2900 and 1994/3003.

[^f00017]: S.I. 1992/2677 amended by S.I. 1994/2741, 1995/2779, 1996/49 and 1997/2500.

[^f00018]: S.I. 1993/1317 amended by S.I. 1994/1134 and 1997/1148.

[^f00019]: S.I. 1993/1441 amended by S.I. 1994/1528, 1995/15, 1995/1446, 1996/1488, 1997/249, 1997/1901 and 1998/871.

[^f00020]: S.I. 1994/1056 amended by S.I. 1994/1137, 1995/288, 1995/950, 1996/593, 1996/634, 1996/972, 1996/1279, 1997/2203, 1998/606 and the Environment Act 1995 (c. 25) s.120(1), Sched. 22, para. 233(1).

[^f00021]: S.I. 1994/1721 amended by S.I. 1996/3109.

[^f00022]: S.I. 1994/2349 amended by S.I. 1996/3111.

[^f00023]: S.I. 1994/2716: relevant amendments made by the Environment Act 1995 (c. 25) s.120(1), Sched. 22, para. 233(1), S.I. 1996/525 and 1997/3055. Relevant modifications made by S.I. 1995/2803 and 1996/534.

[^f00024]: S.I. 1994/2740 amended by S.I. 1995/100, 1995/1481, 1995/2778, 1996/27, and revoked with savings by S.I. 1996/1500 reg. 18.

[^f00025]: S.I. 1994/3099 amended by S.I. 1996/3075.

[^f00026]: S.I. 1994/3100 amended by S.I. 1996/3073.

[^f00027]: S.I. 1994/3101 amended by S.I. 1996/3074.

[^f00028]: S.I. 1994/3102 amended by S.I. 1996/3072.

[^f00029]: S.I. 1995/12 amended by S.I. 1995/2922 and 1998/871.

[^f00030]: S.I. 1995/1159 amended by S.I. 1996/2449 and 1996/3076.

[^f00031]: S.I. 1995/1544 amended by S.I. 1996/1725, 1997/1414 and 1998/1665.

[^f00032]: S.I. 1995/2258 amended by the Environment Act 1995 (c. 25), s.120(1), Sched. 22, para. 233(1).

[^f00033]: S.I. 1996/529 amended by S.I. 1997/568.

[^f00034]: S.I. 1996/696 amended by S.I. 1997/542 and 1998/453.

[^f00035]: S.I. 1996/888 amended by S.I. 1997/2971 and 1998/1202.

[^f00036]: S.I. 1996/972 amended by S.I. 1997/251.

[^f00037]: S.I. 1996/1434 amended by S.I. 1997/857 and 1998/691.

[^f00038]: S.I. 1996/1500 amended by S.I. 1997/33 and 1998/206.

[^f00039]: S.I. 1996/3142 amended by S.I. 1997/2969, 1998/3169 and 1999/8.

Minister of the Crown functions exercisable with Assembly agreement or consultation

The sea adjacent to Wales

Transfer of property

Public General Acts

School Sites Act 1841 (c.38)

Inclosure Act 1845 (c.118) except section 12.

Inclosure Act 1846 (c.70)

Inclosure Act 1847 (c.111)

Inclosure Act 1848 (c.99)

Inclosure Act 1849 (c.83)

Inclosure Act 1852 (c.79)

Burial Act 1853 (c.134)

Inclosure Act 1854 (c.97)

Literary and Scientific Institutions Act 1854 (c.112) section 6.

Burial Act 1855 (c.128)

Inclosure Act 1857 (c.31)

Burial Act 1857 (c.81) except section 25.

Burial Act 1859 (c.1)

Inclosure Act 1859 (c.43)

Improvement of Land Act 1864 (c.114) in respect of the functions transferred to the Secretary of State by the 1978 transfer order.

Inclosure, &c. Expenses Act 1868 (c.89) except so far as it applies in relation to any other of the Tithe Acts 1836 to 1951.

Limited Owners Residences Act 1870 (c.56)

Public Health Act 1875 (c.55) except section 327.

Commons Act 1876 (c.56)

Commons (Expenses) Act 1878 (c.56)

Commonable Rights Compensation Act 1882 (c.15)

Places of Worship Sites Amendment Act 1882 (c.21)

Corn Returns Act 1882 (c.37) in respect of the functions exercisable by the Secretary of State by the 1978 transfer order and in respect of the functions exercisable by the Secretary of State under section 5 as substituted by the Deregulation (Corn Returns Act 1882) Order 1996 (S.I. 1996/848).

Local Government Act 1888 (c.41)

Local Government Act 1894 (c.73)

District Councils (Water Supply Facilities) Act 1897 (c.44)

Commons Act 1899 (c.30)

Improvement of Land Act 1899 (c.46)

Open Spaces Act 1906 (c.25)

Public Health Acts Amendment Act 1907 (c.53) except sections 12 and 94(4).

Finance Act 1908 (c.16)

Small Holdings and Allotments Act 1908 (c.36)

Commons Act 1908 (c.44)

Welsh Church Act 1914 (c.91) sections 19 and 24.

Local Government (Emergency Provisions) Act 1916 (c.12)

...

Ministry of Transport Act 1919 (c.50) No functions under this Act are transferred but it is directed that the functions under sections 17 and 20 shall be exercisable by the Assembly concurrently with the Secretary of State. The function under section 17 shall be exercisable by the Assembly free from the requirement for Treasury approval.

Land Settlement (Facilities) Act 1919 (c.59) except the function of the “Local Government Board" under paragraph 10 of the First Schedule.

Ferries (Acquisition by Local Authorities) Act 1919 (c.75) except section 3.

Corn Sales Act 1921 (c.35)

Allotments Act 1922 (c.51) except section 1(4).

Agricultural Credits Act 1923 (c.34)

Law of Property Act 1925 (c.20) sections 193 and 194.

Allotments Act 1925 (c.61)

Public Health Act 1925 (c.71) section 6.

Small Holdings and Allotments Act 1926 (c.52)

Landlord and Tenant Act 1927 (c.36) section 20.

Local Government Act 1929 (c.17)

Agricultural Land (Utilisation) Act 1931 (c.41)

Destructive Imported Animals Act 1932 (c.12) except that the functions under sections 1, 2 and 10, so far as they relate to the importation of the types of animals to which this Act relates, are transferred to the Assembly so far as they have been transferred to the Secretary of State by the 1969 transfer order.

Children and Young Persons Act 1933 (c.12) except sections 53, 58, 79 to 81 and the Fourth Schedule.

Public Health Act 1936 (c.49) except the Treasury function under section 341(3).

...

Public Health (Drainage of Trade Premises) Act 1937 (c.40)

Physical Training and Recreation Act 1937 (c.46)

Statutory Orders (Special Procedure) Act 1945 (c.18) section 7(3).

Welsh Church (Burial Grounds) Act 1945 (c.27)

Requisitioned Land and War Works Act 1945 (c.43) section 52.

Agriculture (Artificial Insemination) Act 1946 (c.29) in respect of the functions transferred to the Secretary of State by the 1978 transfer order.

The Assembly may only incur expenses under section 1 to such amount as may be sanctioned by the Treasury.

Hill Farming Act 1946 (c.73) except section 32(4).

In section 32(2), the functions of “the appropriate Minister" in relation to the Advisory Committee for England, Wales and Northern Ireland are transferred to the Assembly so far as they have been transferred to the Secretary of State by the 1969 transfer order.

Section 35 shall have effect as if the expression “the Ministers or either of them" included reference to the Assembly.

Section 32(4) shall be amended by omitting the words “by him".

Polish Resettlement Act 1947 (c.19) sections 4 and 6.

Industrial Organisation and Development Act 1947 (c.40) The functions of “the Minister of Agriculture, Fisheries and Food" except that Minister’s functions under—

  • (a) section 7(4) so far as it relates to a development council exercising functions in relation to England and Wales or in relation to Great Britain; and
  • (b) The Apple and Pear Research Council Order 1989 (S.I. 1989/2277).

It is directed that the function of the “Board of Trade" under section 11 shall be exercisable by the Assembly concurrently with the Board of Trade. The function under section 11 shall be exercisable by the Assembly free from the requirement for Treasury approval.

The functions of the Comptroller and Auditor General in section 9(4) are, in relation to financial years beginning in and after 1999, transferred to the Auditor General for Wales in respect of an account of sums recovered under an order made by the Assembly alone under section 9 and of the disposal of those sums by the Assembly, and in relation thereto section 9(4) shall have effect so that for the requirement to lay before Parliament the documents referred to therein, there shall be substituted a requirement for the Auditor General for Wales to lay those documents before the Assembly.

Fire Services Act 1947 (c.41) section 3(5).

Agriculture Act 1947 (c.48) except section 105.

The function under section 75 is transferred only so far as it relates to a reference to an Agricultural Land Tribunal under section 86.

It is directed that the functions under section 83 shall be exercisable by the Assembly concurrently with any Minister of the Crown by whom they are exercisable.

The functions under section 88 are transferred only to the extent that they are functions of “the Minister".

Section 92 shall have effect as if the reference to “the Minister" included a reference to the Assembly.

National Assistance Act 1948 (c.29)

Agricultural Wages Act 1948 (c.47) except—

  • (a) the requirement under section 13 for “the Minister" to submit an annual report to Parliament of his proceedings under this Act; and
  • (b) the functions of the Secretary of State under section 15A.

The functions of “the Minister" under sections 13 (as it applies in relation to the Agricultural Wages Board), 16 and Schedule 1 are transferred to the Assembly so far as they have been transferred to the Secretary of State under the 1978 transfer order.

The reference to the Minister of Agriculture, Fisheries and Food in section 3A(4) shall be construed as including a reference to the Assembly.

Prevention of Damage by Pests Act 1949 (c.55) All functions are transferred, save that to the extent that this Act provides for the carrying out of research (as referred to in section 27(1)(c) and in article 8(b) of the 1978 transfer order) by either the Minister of Agriculture, Fisheries and Food or the Secretary of State, it is directed that that function shall be exercisable by the Assembly concurrently with those Ministers of the Crown.

Docking and Nicking of Horses Act 1949 (c.70)

Coast Protection Act 1949 (c.74) except—

  • (a) any function conferred on a Minister of the Crown other than “the Minister" by sections 2, 5(4), 8(4), 46 and Schedules 1 and 2;
  • (b) any function conferred on a Minister of the Crown other than “the Minister" or “the Minister of Agriculture, Fisheries and Food" by section 17;
  • (c) section 18(2) and Part II; and
  • (d) the Treasury function under section 32(5).

National Parks and Access to the Countryside Act 1949 (c.97) except—

  • (a) sections 9(2), 65(3), 72, 78(1) and paragraph 4 of the First Schedule;
  • (b) so far as they relate to a route of which a part but not the whole is in Wales, the functions under sections 51 to 55 which were transferred to the “Minister of Land and Natural Resources" by article 6 of the 1965 transfer order;
  • (c) the regulation-making function under section 63(1); and
  • (d) the Treasury function under section 101(11).

Allotments Act 1950 (c.31)

Sea Fish Industry Act 1951 (c.30) in respect of the functions transferred to the Secretary of State by the 1978 transfer order.

Cremation Act 1952 (c.31)

Town Development Act 1952 (c.54)

Local Government (Miscellaneous Provisions) Act 1953 (c.26) except section 8(3).

Dogs (Protection of Livestock) Act 1953 (c.28)

...

...

Agriculture (Miscellaneous Provisions) Act 1954 (c.39)

Protection of Animals (Anaesthetics) Act 1954 (c.46)

Landlord and Tenant Act 1954 (c.56) except that in relation to sections 57(1) to (6) and 58 it is directed that the certification function shall be exercisable by the Assembly concurrently with any Minister of the Crown by whom it is exercisable.

Pests Act 1954 (c.68)

Fisheries Act 1955 (c.7)

Parish Councils Act 1957 (c.42)

Agriculture Act 1957 (c.57) except section 32.

The functions of “the Ministers" under section 6 are transferred so far as they have been transferred to the Secretary of State for Wales by the 1978 transfer order.

Disabled Persons (Employment) Act 1958 (c.33)

Agricultural Marketing Act 1958 (c.47) in respect of functions vested in the Secretary of State for Wales by the 1969 transfer order and the 1978 transfer order.

Article 2 (c) of this Order shall not have effect in relation to functions under this Act.

The Treasury consultation requirement under section 28 shall continue in effect.

Opencast Coal Act 1958 (c.69) except the functions of the Treasury under sections 35(8) and 44(4).

The function of “the appropriate Minister" under section 39(6) is only transferred so far as it relates to—

  • (a) internal drainage boards; and
  • (b) water and sewerage undertakers and the Natural Resources Body for Wales (which are treated as statutory undertakers for these purposes by virtue of paragraph 1(1) and (2)(viii) of Schedule 25 to the Water Act 1989 (c.15) (as amended by the Environment Act 1995 (Consequential Amendments) Regulations 1996 (S.I. 1996/593) and by the Natural Resources Body for Wales (Functions) Order 2013).

Town and Country Planning Act 1959 (c.53) in respect of the functions transferred to the Secretary of State by the 1965 transfer order.

Weeds Act 1959 (c.54)

Mental Health Act 1959 (c.72)

Road Traffic Act 1960 (c.16) No functions under this Act are transferred but it is directed that the functions under sections 248 and 249 shall be exercisable by the Assembly concurrently with any Minister of the Crown by whom they are exercisable.

Caravan Sites and Control of Development Act 1960 (c.62) except the Treasury function under paragraph 6 of the Second Schedule.

Public Bodies (Admission to Meetings) Act 1960 (c.67)

Land Compensation Act 1961 (c.33)

Public Health Act 1961 (c.64) except functions of a Minister of the Crown exercisable as “appropriate authority" under section 45 and Schedule 4 in respect of buildings of the following descriptions in the Table in Schedule 4—

  • (a) a building owned by railway, canal, dock, harbour or inland navigation undertakers;
  • (b) a building owned by electricity or gas undertakers;
  • (c) a building forming part of an aerodrome;
  • (d) a building owned by the Post Office;
  • (e) a building owned by British Telecommunications.

Local Government (Records) Act 1962 (c.56)

Pipe-Lines Act 1962 (c.58) section 15.

Towyn Trewan Common Act 1963 (c.4) except section 5.

Local Authorities (Land) Act 1963 (c.29)

Public Lavatories (Turnstiles) Act 1963 (c.32)

Children and Young Persons Act 1963 (c.37)

Local Government (Financial Provisions) Act 1963 (c.46)

Plant Varieties and Seeds Act 1964 (c.14) in respect of the functions transferred to the Secretary of State by the 1978 transfer order.

Licensing Act 1964 (c.26) sections 108 to 110, 115, 116, 118 to 121 and Schedules 10 and 11.

Agriculture and Horticulture Act 1964 (c.28) except the function of any Minister of the Crown other than the Secretary of State for Wales.

Harbours Act 1964 (c.40) sections 14, 15, 15A, 16, 30, 31, 60 and Schedule 3 so far as they relate to fishery harbours.

...

Public Libraries and Museums Act 1964 (c.75)

Science and Technology Act 1965 (c.4) No functions under this Act are transferred but it is directed that the functions of a Minister of the Crown under section 5, except so far as relating to Research Councils, shall be exercisable by the Assembly concurrently with the Secretary of State. The functions under section 5 shall be exercisable by the Assembly free from the requirement for Treasury consent.

Cereals Marketing Act 1965 (c.14) section 16, and Schedules 1 and 3. The remaining functions under this Act are transferred to the extent that they have been transferred to the Secretary of State for Wales by the 1969 transfer order and the 1978 transfer order.

The Treasury approval requirements under sections 1(6), 21(2) and paragraph 10(2) of Schedule 1 shall continue in effect.

Finance Act 1965 (c.25) section 92.

Commons Registration Act 1965 (c.64)

...

...

Local Government Act 1966 (c.42) except the functions of “The Treasury" under Part II of Schedule 3.

Education Act 1967 (c.3)

Plant Health Act 1967 (c.8) The Treasury consent requirements under sections 4 and 4A shall continue in effect.

Forestry Act 1967 (c.10) except—

  • (a) section 33(5);
  • (b) section 38(4) so far as it relates to the Home Grown Timber Advisory Committee;
  • (c) section 41(4A) and (6);
  • (d) the Treasury function under section 42(3)(b);
  • (e) sections 44 and 45 and paragraphs 2(2), 6(1) and 12 of Schedule 1.

The functions under paragraphs 6(2), 9(1) and 10(1) of Schedule 1 are transferred so far as they are exercisable by the Secretary of State.

The function under paragraph 7(2) of Schedule 1 is transferred only so far as it relates to a committee for Wales appointed under section 2(3).

The requirement for the approval of “the Treasury" under paragraphs 6(2), 9(1) and 10(1) of Schedule 1 shall continue in effect.

Agriculture Act 1967 (c.22) section 65. Except so far as this entry provides otherwise, the remaining functions under this Act are transferred to the extent that they have been transferred to the Secretary of State by the 1969 transfer order and the 1978 transfer order.

The requirement for consultation with the “Secretary of State for Trade" under section 9(11) and the Treasury approval requirements under sections 15(1), 19, 53 and Part II of Schedule 5 shall continue in effect.

It is directed that the notification functions of “the appropriate Minister" under section 54(3) and of “the Ministers" under sections 20(2) and 60(3) shall be exercisable by the Assembly concurrently with any Minister of the Crown by whom they are exercisable.

Section 19(1) and (4) shall have effect so that in addition to the requirement to lay before each House of Parliament the documents referred to therein, there shall be a requirement for those documents to be laid before the Assembly.

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