The Welsh Ministers (Transfer of Functions) (No. 2) Order 2009
| Jurisdiction | UK Non-devolved |
| Citation | SI 2009/3019 |
| Year | 2009 |
(1) This Order may be cited as the Welsh Ministers (Transfer of Functions) (No. 2) Order 2009.(2) This Order shall come into force on 31st December 2011.(3) In this Order—functions conferred or imposed on the Secretary of State by or under the section 6 of the Sustainable and Secure Buildings Act 2004
section 14 of the Climate Change and Sustainable Energy Act 2006
any functions so far as they are exercisable in relation to an excepted energy building; functions under section 44(5) of the functions under section 42(7) or 134(1) of the (1) The transfer by article 2(a) of functions under Part 5A of the 2000 Regulations (energy performance of buildings) is subject to the following provisions.regulation 17B (minimum energy performance requirements for buildings) ; andthe construction EPC provisions.(3) Functions under regulation 17F (energy assessors) are transferred only so far as they are exercisable in relation to the functions of energy assessors under, or in relation to, the construction EPC provisions.(1) Any pre-commencement power to confer or impose a relevant function on the Secretary of State shall have effect as a power to confer or impose the function on the Welsh Ministers, the First Minister or the Counsel General.a pre-commencement power is a power which was exercisable immediately before 31st December 2011; anda relevant function is a function which, had it been a function of the Secretary of State immediately before 31st December 2011, would have been transferred to the Welsh Ministers by article 2.a relevant document;data collected or used for the purpose of preparing a relevant document; andinformation derived from a relevant document.(2) Regulation 14(2) (f) (purposes for which certificates and recommendation reports may be disclosed to the Secretary of State) shall have effect as if the reference to the Secretary of State included the Welsh Ministers.(3) Regulation 37relating to a building in Wales other than an excepted energy building; andprepared for the purposes of the construction EPC provisions.Paragraph 1(1) of Schedule 4 to the Government of Wales Act 2006 (transfer of property, rights and liabilities connected with transferred functions) does not apply to any documentary or electronic records to which the Secretary of State is entitled at the coming into force of this Order in connection with any function exercisable by the Secretary of State which is transferred by this Order. (1) Section 14 of the 1984 Act (consultation with Building Regulations Advisory Committee and other bodies) is amended as follows.(2) For subsection (1) substitute—
- “the 1984 Act” means the Building Act 1984;
- “the 2000 Regulations” means the Building Regulations 2000;
- “the 2007 Regulations” means the Energy Performance of Buildings (Certificates and Inspections) (England and Wales) Regulations 2007;
- “the construction EPC provisions” means—
- (a) regulation 17E of the 2000 Regulations (energy performance certificates) ;
- (b) regulation 12 of the Building (Approved Inspectors etc.) Regulations 2000 (energy performance certificates) ; and
- (c) regulation 9 of the 2007 Regulations (construction of Crown and statutory undertakers’ buildings) ;
- “excepted energy building” is defined by the Schedule.
- (1) The Secretary of State shall appoint a committee, to be known as the Building Regulations Advisory Committee for England, for the purpose of advising the Secretary of State on the exercise of the Secretary of State’s power to make building regulations, and on other subjects connected with building regulations.
- (5) The Welsh Ministers shall appoint a committee, to be known as the Building Regulations Advisory Committee for Wales, for the purpose of advising them on the exercise of their power to make building regulations, and on other subjects connected with building regulations.
- (6) The Welsh Ministers may pay such expenses incurred by members of the Building Regulations Advisory Committee for Wales as the Welsh Ministers may determine.
- (7) Before making any building regulations containing substantive requirements, the Welsh Ministers shall consult the Building Regulations Advisory Committee for Wales and such other bodies as appear to them to be representative of the interests concerned.
- (8) Before making any building regulations containing provision of the kind authorised by paragraph 11(1) (c) of Schedule 1 to this Act, the Welsh Ministers shall consult—
- (a) the Building Regulations Advisory Committee for Wales,
- (b) such persons or bodies as appear to them to be representative of local authorities in Wales, and
- (c) such other bodies as appear to them to be representative of the interests concerned.
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