National Assembly for Wales (Transfer of Functions) Order 1999

JurisdictionUK Non-devolved
CitationSI 1999/672

1999No. 672

CONSTITUTIONAL LAW

DEVOLUTION, WALES

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

10thMarch1999

1stJuly1999

At the Court at Buckingham Palace, the 10th day of March 1999

Present,

The Queen's Most Excellent Majesty in Council

Whereas the draft of this Order has been laid before, and approved by a resolution of, each House of Parliament:

Now, therefore, Her Majesty, in pursuance of sections 22, 24(1), 42(4), 44(5), 96(7), 144(6), 146(4), 147(3), 151(2) and 155(2) of, and paragraphs 1 to 4, 6(3), 7, 8 and 9 of Schedule 3 to, the Government of Wales Act 1998( a), is pleased, by and with the advice of Her Privy Council, to order, and it is hereby ordered, as follows -

Citation, commencement and interpretation

1. - (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( b) but, if that section does not come into force on 1st July 1999, this Order shall come into force on that date.

(3) In this Order -

"the 1965 transfer order" means the Secretary of State for Wales and Minister of Land and Natural Resources Order 1965( c);

"the 1969 transfer order" means the Transfer of Functions (Wales) Order 1969( d);

"the 1978 transfer order" means the Transfer of Functions (Wales) (No. 1) Order 1978( e);

"the Act" means the Government of Wales Act 1998;

"the Assembly" means the National Assembly for Wales;

"the catchment areas of the rivers Dee, Wye and Severn" means the areas delineated by a continuous red line on the map published by the Environment Agency (but not part of this Order) on 10th February 1999 and marked "Map indicating the catchment areas of the rivers Dee, Wye and Severn for the purposes of the National Assembly for Wales (Transfer of Functions) Order 1999 - map reference EAW/TFO.1(1 - 7)".

Transfer of functions

2. Schedule 1 to this Order shall have effect as follows -

(a) 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;(b) 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;(c) 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;(d) 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;(e) 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;(f) Schedule 1 does not transfer any functions of the Lord Chancellor or the Attorney General;(g) 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;(h) all other provisions contained in Schedule 1 in relation to the enactments specified therein shall have effect.

3. 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.

4. - (1) This article applies where -

(a) any function under an enactment is expressly required to be exercised by two or more Ministers of the Crown acting "jointly", and(b) any transfer in respect thereof in this Order does not transfer to the Assembly the functions of all such Ministers of the Crown.

(2) Where this article applies, section 42 of the Act shall not have effect to allow the function to be exercised by the Assembly otherwise than in accordance with the joint action requirement.

Minister of the Crown functions exercisable with Assembly agreement or consultation

5. - (1) Subject to paragraph (2) of this article, it is directed that functions exercisable by a Minister of the Crown under the enactments specified in Schedule 2 to this Order shall, so far as they are exercisable in relation to Wales and as specified in the said Schedule, be exercisable by the Minister only with the agreement of, or after consultation with, the Assembly.

(2) In respect of the enactments referred to in paragraph 4(1)(a) and (b) of Schedule 3 to the Act, paragraph (1) of this article shall have effect not in respect of functions exercisable in relation to Wales but in respect of functions exercisable in relation to "Welsh controlled waters" as defined in paragraph 4(2) of the said Schedule 3.

The sea adjacent to Wales

6. For the purposes of the definition of "Wales" in the Act 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 this Order.

Transfer of property

7. The provisions of section 23(1) of the Act shall not apply to -

(a) the premises comprising Gwydyr House, Whitehall, London and the furnishings and equipment contained therein, or to any rights or liabilities relating thereto,(b) any documentary or electronic records.

A.K. Galloway

Clerk of the Privy Council

SCHEDULE 1

Article 2

Enactments Conferring Functions Transferred by Article 2

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 Health Act 1919 (c.21) section 2, in respect of which it is directed that the function therein shall be exercisable by the Assembly concurrently with any Minister of the Crown by whom it is exercisable.

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).

Diseases of Fish Act 1937 (c.33) It is directed that the functions under this Act shall be exercisable by the Assembly concurrently with any Minister of the Crown by whom they are exercisable. The functions under this Act shall be exercisable by the Assembly free from the...

To continue reading

Request your trial

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT