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
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articles 2
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  • (b) 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;
  • (c) 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—

  • (a) 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;
  • (b) 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;
  • (c) section 26(5) so far as it relates to the concurrently exercisable functions specified in paragraphs (a) and (b) above;
  • (d) 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;
  • (e) 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—

  • (a) 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;
  • (b) 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;
  • (c) 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.

Noise and Statutory Nuisance Act 1993 (c.40)

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.

Railways Act 1993 (c.43) sections 139 and 140.

Local Government (Wales) Act 1994 (c.19) sections 17, 25, 38, 54(6), 57(7), 58, 60(4) and Part III of Schedule 5.

Coal Industry Act 1994 (c.21) sections 53 and 54.

Education Act 1994 (c.30) except—

  • (a) sections 2, 3(2), 17 and Schedule 1; and
  • (b) 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.

Home Energy Conservation Act 1995 (c.10)

Carers (Recognition and Services) Act 1995 (c.12)

Activity Centres (Young Persons’ Safety) Act 1995 (c.15)

Health Authorities Act 1995 (c.17)

Environment Act 1995 (c.25) except—

  • (a) section 1(2)(a) and (3);
  • (b) section 41 and section 42 other than subsection (10);
  • (c) sections 45(4), 48(5) and 52(3);
  • (d) the function of laying copy accounts and reports before each House of Parliament under section 46(3);
  • (e) the function of the Treasury under section 49(5).
  • (f) functions exercisable by the Secretary of State in pursuance of sub-paragraph (bb) of the definition of “the relevant Minister” in paragraph 1(5) of Schedule 4;
  • (g) the function of the Secretary of State under section 16A(5)(a);

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—

  • (a) 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;
  • (b) 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;
  • (c) 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;
  • (d) 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;
  • (e) 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;
  • (ea) functions under section 18A are transferred to the Assembly in relation to the local flood defence scheme for a district which is in the area of a regional flood defence committee the whole or the greater part of which is in Wales;
  • (f) 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;
  • (g) 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 functions under sections ... 113 and 115(5) shall be exercisable by the Assembly concurrently with any other Minister of the Crown by whom they are exercisable. ....

...

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—

  • (a) 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
  • (b) 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.

Gas Act 1995 (c.45) paragraph 12 of Schedule 5.

Town and Country Planning (Costs of Inquiries etc.) Act 1995 (c.49)

National Health Service (Residual Liabilities) Act 1996 (c.15)

Dogs (Fouling of Land) Act 1996 (c.20)

Community Care (Direct Payments) Act 1996 (c.30)

Noise Act 1996 (c.37)

Party Wall etc. Act 1996 (c.40)

Asylum and Immigration Act 1996 (c.49) section 9.

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—

  • (a) sections 333(5) and (6), 334(2), 335 and 336;
  • (b) the regulation-making functions under sections 492 to 494;
  • (c) sections 492(5), 494(4) and 495 so far as they relate to a dispute to which only one party is in Wales; and
  • (d) 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) and 17 so far as they relate to the Welsh National Board for Nursing, Midwifery and Health Visiting (“the Board”).

The functions under section 18 are transferred (so far as they relate to the Board) in relation to financial years beginning in and after 1999 except that in respect of section 18(6) they are transferred in relation to annual reports of the Board for years commencing on 1st April 1999 and after

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.

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 (Primary Care) Act 1997 (c.46)

Road Traffic Reduction Act 1997 (c.54)

National Health Service (Private Finance) Act 1997 (c.56)

Education (Schools) Act 1997 (c.59)

Local Government (Contracts) Act 1997 (c.65)

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—

  • (a) Part I;
  • (b) section 25 so far as it relates to the power to make discretionary awards under the Education Act 1962 (c.12);
  • (c) section 26;
  • (d) section 28(1)(e) so far as it relates to sections 22 and 26; and
  • (e) 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—

  • (a) the function of the “relevant authority" under section 16 so far as exercisable by the Secretary of State for Wales; and
  • (b) the function of the Secretary of State under section 47.

Local and Private Acts

National Trust Act 1937 (c.lvii) sections 7 and 12.

Towyn Trewan Common Act 1950 (c.xli) except sections 4(2) and 5(3)(b).

Pembrokeshire County Council Act 1965 (c.xxxvi) except sections 28, 32 to 34, 71 and 72.

National Trust Act 1971 (c.vi) except section 22.

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.

Coity Wallia Commons Act 1976( c.xxix)

Clwyd County Council Act 1985 (c.xliv)

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 Intervention Functions (Delegation) Regulations 1972 (S.I. 1972/ 1679)

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 and Horticulture Development Regulations 1980 (S.I. 1980/ 1298)

The Farm and Horticulture Development Regulations 1981 (S.I. 1981/ 1707) except the function of the Minister of Agriculture, Fisheries and Food under regulation 4.

The Building (Approved Inspectors etc.) Regulations 1985 (S.I. 1985/ 1066) Regulation 19.

The Agriculture Improvement Regulations 1985 (S.I. 1985/1266)

The Horticultural Development Council Order 1986 (S.I. 1986/ 1110) in respect of the functions exercisable by the Secretary of State.

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)

The Land Drainage Improvement Works (Assessment of Environmental Effects) Regulations 1988 (S.I. 1988/1217)

The Farm and Conservation Grant Regulations 1989 (S.I. 1989/ 219)

The Air Quality Standards Regulations 1989 (S.I. 1989/317)

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 Farm and Conservation Grant Regulations 1991 (S.I. 1991/ 1630)

The Sheep Annual Premium Regulations 1992 (S.I. 1992/2677)

The Environmental Information Regulations 1992 (S.I. 1992/3240)

The Integrated Administration and Control System Regulations 1993 (S.I. 1993/1317)

The Suckler Cow Premium Regulations 1993 (S.I. 1993/1441)

The Ozone Monitoring and Information Regulations 1994 (S.I. 1994/440)

The Waste Management Licensing Regulations 1994 (S.I. 1994/ 1056)

The Traffic Signs Regulations and General Directions 1994 (S.I. 1994/ 1519) Direction 49.

The Organic Farming (Aid) Regulations 1994 (S.I. 1994/1721)

The Countryside Access Regulations 1994 (S.I. 1994/2349)

The Conservation (Natural Habitats, &c.) Regulations 1994 (S.I. 1994/ 2716) except the functions of the Secretary of State under regulations 71 to 78.

The Hill Livestock (Compensatory Allowances) Regulations 1994 (S.I. 1994/ 2740)

The Habitat (Broadleaved Woodland) (Wales) Regulations 1994 (S.I. 1994/ 3099)

The Habitat (Water Fringe) (Wales) Regulations 1994 (S.I. 1994/ 3100)

The Habitat (Coastal Belt) (Wales) Regulations 1994 (S.I. 1994/ 3101)

The Habitat (Species-Rich Grassland) (Wales) Regulations 1994 (S.I. 1994/ 3102)

The Bovine Animals (Records, Identification and Movement) Order 1995 (S.I. 1995/12)

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—

  • (a) the functions of “the Minister"; and
  • (b) 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)

The Eggs (Marketing Standards) Regulations 1995 (S.I. 1995/ 1544)

The Town and Country Planning (Environmenal Assessment and Unauthorised Development) Regulations 1995 (S.I. 1995/2258)

The Rural Development Grants (Agriculture) (Wales) Regulations 1996 (S.I. 1996/529)

The Common Agricultural Policy (Wine) Regulations 1996 (S.I. 1996/ 696) except the function of the Minister of Agriculture, Fisheries and Food under regulation 3(2).

The Protection of Water Against Agricultural Nitrate Pollution (England and Wales) Regulations 1996 (S.I. 1996/888) except the functions of the Minister of Agriculture, Fisheries and Food.

The Special Waste Regulations 1996 (S.I. 1996/972)

The Welfare Food Regulations 1996 (S.I. 1996/1434) except regulations 6, 8, 12, 13(4) and 15.

The Hill Livestock (Compensatory Allowances) Regulations 1996 (S.I. 1996/ 1500)

The Arable Area Payments Regulations 1996 (S.I. 1996/3142)

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)

...

...

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.

...

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.

Health Act 1999 (c.8)

...

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
--- --- --- --- --- --- --- --- ---
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

All positions Ordnance Survey of Great Britain 1936 datum.

Editorial notes

41

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.

46

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

47

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

48

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

49

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

50

S.I. 1986/1110 amended by S.I. 1990/454 and 1992/1836.

51

S.I. 1988/1199 amended by S.I. 1989/1968, 1990/367, 1992/1494 and 1994/677.

53

S.I. 1989/219 amended by S.I. 1990/1215 and 1991/1630.

55

S.I. 1991/1630 amended by S.I. 1992/3174, 1993/2900 and 1994/3003.

56

S.I. 1992/2677 amended by S.I. 1994/2741, 1995/2779, 1996/49 and 1997/2500.

57

S.I. 1993/1317 amended by S.I. 1994/1134 and 1997/1148.

58

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

59

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).

62

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.

63

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.

68

S.I. 1995/12 amended by S.I. 1995/2922 and 1998/871.

69

S.I. 1995/1159 amended by S.I. 1996/2449 and 1996/3076.

70

S.I. 1995/1544 amended by S.I. 1996/1725, 1997/1414 and 1998/1665.

71

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

73

S.I. 1996/696 amended by S.I. 1997/542 and 1998/453.

74

S.I. 1996/888 amended by S.I. 1997/2971 and 1998/1202.

76

S.I. 1996/1434 amended by S.I. 1997/857 and 1998/691.

77

S.I. 1996/1500 amended by S.I. 1997/33 and 1998/206.

78

S.I. 1996/3142 amended by S.I. 1997/2969, 1998/3169 and 1999/8.

79

Words in Sch. 1 inserted (1.7.1999) by Health Act 1999 (c. 8), ss. 66(4)(5)(b), 67(4)(a)

80

Words in Sch. 1 inserted (1.7.1999) by Health Act 1999 (c. 8), ss. 66(4)(5)(c), 67(4)(a)

81

Words in Sch. 2 inserted (1.7.1999) by Health Act 1999 (c. 8), ss. 66(4)(6), 67(4)(a)

90

Order modified (1.4.2000) by Food Standards Act 1999 (c. 28), ss. 40(3), 43(2); S.I. 2000/1066, art. 2

96

Word in Sch. 1 omitted (7.11.2002) by virtue of Adoption and Children Act 2002 (c. 38), ss. 145(3), 148(1) (with s. 145(2))

101

Words in Sch. 1 revoked (27.11.2003 but only for the purpose of and in relation to financial years beginning on or after 1.4.2004) by Local Government Act 2003 (c. 26), s. 128(6), Sch. 8 Pt. 2; S.I. 2003/3034, art. 2(1), Sch. 1 Pt. 1

108

Words in Sch. 1 inserted (1.4.2006) by Water Act 2003 (c. 37), ss. 100(4)(b)(iii), 105(3) (with s. 100(7)); S.I. 2004/641, art. 3(ii)(x) (with Sch. 3 para. 7); S.!. 2006/984, art. 2(r)(iii)

112

Words in Sch. 1 substituted (28.5.2004) by Water Act 2003 (c. 37), ss. 100(2)(b)(iii), 105(3) (with s. 100(7)); S.I. 2004/641, art. 4(c)(i) (with Sch. 3 para. 7) (Editorial note: see also S.I. 2005/968, art. 2(l)(i)(ii) which also claims to commence s. 100(2)(b)(iii) on 1.4.2005 for specified purposes)

115

Sch. 1 modified (6.8.2004 for specified purposes, 28.9.2004 in so far as not already in force) by Planning and Compulsory Purchase Act 2004 (c. 5), s. 118(3)(4) (with s. 111); S.I. 2004/2097, art. 2; S.I. 2004/2202, art. 3(c)

116
117
119
125

Words in Sch. 1 substituted (1.4.2005 for specified purposes, 1.10.2005 for specified purposes) by Water Act 2003 (c. 37), ss. 100(2)(b)(vi), 105(3) (with s. 100(7)); S.I. 2005/968, art. 2(l)(i); S.I. 2005/2714, art. 2(k)(i) (with Sch. para. 8)

132

Words in Sch. 1 inserted (1.4.2005 for specified purposes, 1.4.2006 in so far as not already in force) by Water Act 2003 (c. 37), ss. 100(2)(a)(i), 105(3) (with s. 100(7)); S.I. 2005/968, art. 2(l)(i); S.I. 2005/2714, art. 4(e)(i) (with Sch. para. 8)

133

Word in Sch. 1 inserted (1.4.2005 for specified purposes, 1.4.2006 in so far as not already in force) by Water Act 2003 (c. 37), ss. 100(2)(a)(vii), 105(3) (with s. 100(7)); S.I. 2005/968, art. 2(l)(i); S.I. 2005/2714, art. 4(e)(i) (with Sch. para. 8)

134

Words in Sch. 1 substituted (1.4.2004 for specified purposes, 1.10.2004 for specified purposes, 1.4.2005 for specified purposes, 1.8.2005 for specified purposes, 1.12.2005 for specified purposes, 1.4.2006 in so far as not already in force) by Water Act 2003 (c. 37), ss. 100(2)(a)(ii), 105(3) (with s. 100(7)); S.I. 2004/641, art. 3(i)(x) (with Sch. 3 para. 7); S.I. 2004/2528, art. 2(s)(ii) (with Sch. para. 8); S.I. 2005/968, arts. 2(l)(i), 3(c)(i); S.I. 2005/2714, arts. 3(b)(i), 4(e)(i) (with Sch. para. 8)

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