Transfer of Functions (Wales) Order 1969
| Jurisdiction | UK Non-devolved |
| Citation | SI 1969/388 |
1969 No. 388
MINISTERS OF THE CROWN
The Transfer of Functions (Wales) Order 196918thMarch 1969
24thMarch 1969
1stApril 1969
At the Court at Buckingham Palace, the 18th day of March, 1969
Present,
The Queen's Most Excellent Majesty in Council
Her Majesty, in pursuance of section 1 of the Ministers of the Crown (Transfer of Functions) Act 1946(a), is pleased by and with the advice of Her Privy Council to order, and it is hereby ordered, as follows:—
Citation, interpretation and commencement
1.—(1) This Order may be cited as the Transfer of Functions (Wales) Order 1969.
(2) The Interpretation Act 1889(b) applies for the interpretation of this Order as it applies for the interpretation of an Act of Parliament.
(3) In this Order references to Wales include, and references to England do not include, Monmouthshire.
(4) Any reference in this Order to an enactment or instrument is a reference to that enactment or instrument as amended or extended by or under any other enactment or instrument; and in this Order "instrument" includes the judgment, decree or order of any court or tribunal.
(5) This Order shall come into operation on 1st April 1969.
Transfer of health functions
2.—(1) It shall be for the Secretary of State for Wales, instead of the Secretary of State for Social Services, to discharge in matters only affecting Wales the general duties of the Secretary of State under section 2 of the Ministry of Health Act 1919(c) and section 1 of the National Health Service Act 1946(d), and the functions of the Secretary of State under the National Health Service Acts 1946 to 1968(e) in relation to the provision of hospital and specialist services and other services.
(2) In the enactments mentioned in Schedule 1 to this Order there shall be made the amendments provided for by that Schedule, being amendments arising out of paragraph (1) above or making further provision for transferring to the Secretary of State for Wales responsibility in matters relating to health or welfare.
(3) There are hereby transferred to the Secretary of State for Wales all property, rights and liabilities to which the Secretary of State for Social
(a) 1946 c. 31.
(b) 1889 c. 63.
(c) 1919 c. 21.
(d) 1946 c. 81.
(e) 1946 c. 81; 1949 c. 93; 1951 c. 31: 1952 c. 25; 1961 c. 19; 1966 c. 8; 1967 c. 39; 1968 c. 46.
Services is entitled or subject at the coming into operation of this Order in connection only with the provision of hospital and specialist services for Wales (but not including any part of the Hospital Endowments Fund).
Transfer of functions relating to agriculture, fisheries etc.
3.—(1) Subject to the provisions of this Article, the functions of the Minister of Agriculture, Fisheries and Food which are mentioned in Parts I and II of Schedule 2 to this Order, including the share of that Minister in any such functions exercisable by him jointly with any other Minister or Ministers, are to the extent so mentioned hereby transferred to that Minister and the Secretary of State jointly or, where so provided in Part II of the Schedule, to the Secretary of State alone.
(2) The discharge of any functions as functions exercisable by virtue of paragraph (1) above by the Secretary of State shall belong to the Secretary of State for Wales, but without prejudice to the responsibilities of any other Secretary of State for functions hitherto shared jointly by the Minister of Agriculture, Fisheries and Food and the Secretary of State or for functions with which a Secretary of State is otherwise concerned apart from this Article.
(3) Subject to paragraph (4) below, where the functions transferred by this Article to the Minister of Agriculture, Fisheries and Food and the Secretary of State jointly involve the making, receipt or recovery of any payments, it shall continue to be for the Minister of Agriculture, Fisheries and Food, without the Secretary of State, to make, receive or recover those payments and, in connection with the receipt or recovery of any payment, to give a discharge or accept a less payment.
(4) Paragraph (3) above shall not apply to the recovery from any person of expenses borne by the Secretary of State; but any expenses which by virtue of this Article are incurred by or under the authority of the Minister of Agriculture, Fisheries and Food and the Secretary of State jointly in such circumstances as to be recoverable from any other person shall be defrayed by the Minister of Agriculture, Fisheries and Food.
(5) Part III of Schedule 2 to this Order shall have effect to make consequential provision in relation to or for purposes of functions transferred by this Article.
Transfer of functions relating to ancient monuments
4.—(1) The functions of the Minister of Public Building and Works under the Ancient Monuments Acts 1913 to 1953(a) (except section 16 of the Ancient Monuments Consolidation and Amendment Act 1913(b)), together with—
(a) his functions under sections 5(2) and 8(1) of the Historic Buildings and Ancient Monuments Act 1953(c), in so far as the like functions are not exercisable in relation to Wales by the Secretary of State by virtue of Article 4 of the Transfer of Functions (Building Control and Historic Buildings) Order 1966(d); and
(b) his functions under section 9 of the Coal-Mining (Subsidence) Act 1957(e); and
(c) his functions under paragraph 12 of Schedule 1 to the Acquisition of Land (Authorisation Procedure) Act 1946(f);
are, in relation to Wales, hereby transferred to the Secretary of State, and the discharge of those functions as functions exercisable by virtue of this
(a) 1913 c. 32; 1931 c. 16; 1953 c. 49.
(b) 1913 c. 32.
(c) 1953 c. 49.
(d) S.I. 1966/692 (1966 II p. 1558).
(e) 1957 c. 59.
(f) 1946 c. 49.
paragraph by the Secretary of State shall belong to the Secretary of State for Wales.
(2) Accordingly (without prejudice to Article 5 below) in the following enactments, that is to say,—
(a) section 34(2) of the Finance Act 1956(a);
(b) section 7(8) of the Mines (Working Facilities and Support) Act 1966(b); and
(c) sections 41(1)(c), 48(2)(c) and 50(3)(c) of the Town and Country Planning Act 1968(c);
any reference to the Minister of Public Building and Works (including any reference which is to be construed as such a reference) shall include a reference to the Secretary of State; and in sections 5(2) and 8(1) of the Historic Buildings and Ancient Monuments Act 1953(d) any such reference to the Minister, except the first reference in section 8(1)(a), shall not apply to him in relation to Wales.
(3) There are hereby transferred to the Secretary of State for Wales any ancient monument in Wales, or land held with such a monument, which at the coming into operation of this Order is vested in the Minister of Public Building and Works, and any rights and liabilities to which that Minister is then entitled or subject in or in relation to any ancient monument in Wales or land held therewith.
Supplementary
5.—(1) This Order shall not affect the validity of anything done by or in relation to any Minister or Ministers before the coming into operation of this Order; and anything which, at the time of the coming into operation of this Order, is in process of being done by or in relation to any Minister or Ministers other than the Secretary of State for Wales may, if it relates to any functions, property, rights or liabilities transferred by this Order, be continued by or in relation to that Secretary of State, with or without the other Minister or Ministers as may be appropriate.
(2) Any authority, approval, consent or direction given or other thing whatsoever done by any Minister or Ministers for the purpose of any functions transferred by this Order shall, if in force at the coming into operation of this Order, have effect as if made or done by the Secretary of State for Wales in so far as that is required for continuing its effect after the coming into operation of this Order.
(3) Subject to the provisions of this Order, any enactment or instrument passed or made before the coming into operation of this Order shall have effect, so far as may be necessary for the purpose or in consequence of the transfers effected by this Order, as if any reference to the Secretary of State for Social Services, to the Minister of Agriculture, Fisheries and Food or to the Minister of Public Building and Works, or to the department or an officer of any of them (including any reference which is to be construed as such a reference) were or included a reference to the Secretary of State for Wales or to his department or an officer of his, as the case may require.
(4) Nothing in this Order shall be taken to prejudice any powers exercisable in relation to the functions of Ministers of the Crown and government departments by virtue of Her Majesty's prerogative, or to affect the power of any Secretary of State to perform any functions of that office in place of the Secretary of State entrusted with the discharge of those functions.
W. G. Agnew.
(a) 1956 c. 54.
(b) 1966 c. 4.
(c) 1968 c. 72.
(d) 1953 c. 49.
SCHEDULES
SCHEDULE 1
AMENDMENTS OF ENACTMENTS RELATING TO HEALTH FUNCTIONS
Enactment Amendment
The Ministry of Health Act Section 5 shall cease to have effect
1919 (c. 21)
The Radioactive Substances In sections 3(7)(a) and 4(2)(a) for the words
Act 1948 (c. 37). "England and Wales "there shall in each case
be substituted the words "England or Wales"
in sections 3(7) and (9) and 4(2) and (4), as
amended by the Secretary of State for Social
Services Order 1968(a), after the words
"Secretary of State for Social Services" there
shall in each case be inserted the words "the
Secretary of State for Wales"; and in section
12 there shall be added at the end the words
"and in this Act references to Wales include
and references to England do not include
Monmouthshire".
The Therapeutic Substances In sections 4(1) and (2), section 8(1) and
Act 1956 (c. 25). section 9(3) there shall be made, in place of
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