National Assembly for Wales (Transfer of Functions) Order 1999

JurisdictionUK Non-devolved
CitationSI 1999/672
Year1999
(1) This Order may be cited as the National Assembly for Wales (Transfer of Functions) Order 1999.(2) This Order shall come into force on 1st July 1999 immediately after the coming into force of section 53 of the Scotland Act 1998 (3) In this Order—
  • except as provided in sub-paragraphs (b) -(f) , all functions of a Minister of the Crown under the enactments specified in Schedule 1 are, so far as exercisable in relation to Wales, transferred to the Assembly;
  • where so directed in Schedule 1 functions exercisable by a Minister of the Crown shall, so far as exercisable in relation to Wales, be exercisable by the Assembly concurrently with the Minister;
  • it is directed that (except in the case of functions which are exercisable by the Assembly “jointly" with a Minister of the Crown) functions under any of the enactments specified in Schedule 1 which are exercisable by a Minister of the Crown in relation to a cross-border body but which, by their nature, are not functions which can be specifically exercised in relation to Wales, shall be exercisable by the Assembly in relation to that body concurrently with the Minister of the Crown;
  • where so indicated in Schedule 1, functions of a Minister of the Crown under the enactments specified therein are transferred to the Assembly in relation to Wales (or such part of Wales as may be specified) together with such English border area as is specified;
  • Schedule 1 does not transfer any power under which provisions of an Act of Parliament may be brought into force by order made by a Minister of the Crown;
  • Schedule 1 does not transfer any functions of the Lord Chancellor or the Attorney General;
  • functions of the Comptroller and Auditor General shall, as indicated in Schedule 1, be transferred to, or become functions also of, the Auditor General for Wales;
  • all other provisions contained in Schedule 1 in relation to the enactments specified therein shall have effect.
  • Any reference in this Order to a function of a Minister of the Crown under an enactment includes a reference to any functions of that Minister which are included in any scheme, regulations, rules, order, bye-laws or other instrument having effect under or in relation to that enactment, and the power to confer functions on that Minister by any such scheme, regulations, rules, order, bye-laws or other instrument shall have effect as a power to confer such functions on the Assembly.
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