The Structural Funds (National Assembly for Wales) Regulations 2006

Made: 7th December 2006

Laid before Parliament: 11th December 2006

Coming into force: 1st January 2007

The Secretary of State, being a Minister designated for the purpose of section 2(2) of the European Communities Act 1972 in relation to measures relating to the operation of the Structural Funds, makes the following Regulations:

Title and Commencement

1

These Regulations may be cited as the Structural Funds (National Assembly for Wales) Regulations 2006 and shall come into force on 1st January 2007.

Interpretation

2

In these Regulations—

• “the 2006 European Regional Development Fund Regulation” means Regulation (EC) No. 1080/2006 of the European Parliament and of the Council of 5 July 2006 on the European Regional Development Fund and repealing Regulation (EC) No. 1783/1999 ;

• “the 2006 Structural Funds Regulation” means Council Regulation (EC) No 1083/2006 of 11 July 2006 laying down general provisions on the European Regional Development Fund, the European Social Fund and the Cohesion Fund and repealing Regulation (EC) No 1260/1999 as amended by Regulation (EU) No 539/2010 of the European Parliament and of the Council of 16 June 2010;

• “the Assembly” means the National Assembly for Wales;

• “the specified Structural Funds” means the European Regional Development Fund and the European Social Fund; and

• “Wales” includes the sea adjacent to Wales out as far as the boundary of the territorial sea, and the boundary between those parts of the sea within the Severn and Dee Estuaries which are to be treated as adjacent to Wales and those which are not shall be, in each case, a line drawn between the co-ordinates set out in Schedule 3 to the National Assembly for Wales (Transfer of Functions) Order 1999 .

Functions under the 2006 Structural Funds Regulation

3

• (1) In relation to the specified Structural Funds, the Assembly may exercise in relation to Wales—

• (a) the functions of an authority designated by a Member State for the purpose of participating in a partnership organised pursuant to Article 11,

• (b) the functions of a managing authority, certifying authority or audit authority for the purposes of the 2006 Structural Funds Regulation, or

• (c) the functions of an authority designated by a Member State for the purpose of Article 32(2).

• (2) In relation to the specified Structural Funds, the Assembly shall exercise in relation to Wales, the functions of a body designated by a Member State for the purpose of Article 76(2).

• (3) In relation to the specified Structural Funds, the Assembly may exercise in relation to Wales the functions conferred on a Member State by Articles 71, 98 and 100.

• (4) In relation to the specified Structural Funds, the Assembly may exercise in relation to Wales the functions conferred on a Member State by Article 59(2).

• (5) In relation to the specified Structural Funds, the Assembly shall exercise in relation to Wales the functions conferred on a Member State by Articles 32(3), 47, 48, 56(4), 63 and 69.

• (6) In this regulation, a reference to an article is a reference to an article of the 2006 Structural Funds Regulation.

Functions under the 2006 European Regional Development Fund Regulation

4

• (1) In relation to the European Regional Development Fund, the Assembly shall exercise in relation to Wales the functions conferred on a Member State by Articles 14, 16 and 17.

• (2) In this regulation, a reference to an article is a reference to an article of the 2006 European Regional Development Fund Regulation.

Concurrent powers

5

The functions conferred on the Assembly by paragraph 3 of regulation 3 shall be exercisable by a Minister of the Crown as well as by the Assembly.

Transfer of property, rights and liabilities

6

• (1) There shall be transferred to and vest in the Assembly by virtue of this paragraph all property, rights and liabilities to which the Secretary of State is entitled or subject, at the coming into force of these Regulations, in connection with any function exercisable by the Secretary of State which is made exercisable by the Assembly by these Regulations.

• (2) There may be continued by or in relation to the Assembly anything (including legal proceedings) which relates to—

• (a) any function exercisable by the Secretary of State which is made exercisable by the Assembly by these Regulations,

• (b) any property, rights or liabilities transferred by paragraph (1) as the result of any such function being made so exercisable,

and which is in the process of being done by or in relation to the Secretary of State immediately before these Regulations come into force.

• (3) Anything which was done by or on behalf of the Secretary of State for the purpose of or in connection with—

• (a) any function exercisable by the Secretary of State which is made exercisable by the Assembly by these Regulations, or

• (b) any property, rights or liabilities transferred by paragraph (1) as the result of any such function being made exercisable by the Assembly by these Regulations,

and which is in effect immediately before these Regulations come into force shall have effect as if done by the Assembly on its own behalf.

Signed

Margaret Hodge — Minister for Industry and the Regions — 2006-12-07

Explanatory note

(This note is not part of the Regulations)

Footnotes

[^f00001]: S.I. 1999/2788.

[^f00002]: 1972 c.68.

[^f00003]: O.J. No. L 210, 31.7.06, p.1.

[^f00004]: O.J. No. L 213, 13.8.99, p.1.

[^f00005]: O.J. No. L 210, 31.7.06, p.25.

[^f00006]: O.J. No. L 161, 26.6.99, p.1.

[^f00007]: S.I. 1999/672.

Editorial notes

[^c17631121]: S.I. 1999/2788.

[^c17631131]: 1972 c.68.

[^c17631141]: O.J. No. L 210, 31.7.06, p.1.

[^c17631151]: O.J. No. L 213, 13.8.99, p.1.

[^c17631181]: S.I. 1999/672.

[^key-58987d80d67d82a39e5ba97160efabc8]: Words in reg. 2 substituted (11.11.2010) by The Structural Funds (National Assembly for Wales) (Amendment) Regulations 2010 (S.I. 2010/2567), regs. 1, 2