The National Assembly for Wales (Transfer of Functions) Order 2000

• Citation: S.I. 2000/253
• Sections: 24

Section 1 Citation, commencement and interpretation

(1) This Order may be cited as the National Assembly for Wales (Transfer of Functions) Order 2000.

(2) This Order shall come into force on 16th February 2000 except that, in relation to the entry in Schedule 1 to this Order in respect of the Jobseekers Act 1995 , this Order shall come into force on 1st April 2000.

(3) In this Order —

“the 1969 transfer order ” means the Transfer of Functions (Wales) Order 1969 ;

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

“the 1999 transfer order ” means the National Assembly for Wales (Transfer of Functions) Order 1999 ;

“ the Act ” means the Government of Wales Act 1998;

“ the Assembly ” means the National Assembly for Wales;

“former function” means a function of the Assembly that was transferred to it by the 1999 transfer order but which, by virtue of article 4 of, and Schedule 3 to, this Order, ceases to be exercisable by the Assembly.

Section 2 Transfer of functions etc.

(1) Except as provided in this article, all functions of a Minister of the Crown under the enactments specified in Schedule 1 to this Order are, to the extent there specified and so far as exercisable in relation to Wales, transferred to the Assembly and the provisions contained in Schedule 1, in relation to the enactments specified therein, shall have effect.

(2) 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.

(3) 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.

(4) 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.

(5) Schedule 1 does not transfer any functions of the Lord Chancellor or the Attorney General.

Section 3 Minister of the Crown functions exercisable with Assembly agreement

It is directed that the 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 the Assembly.

Section 4 Variation of the 1999 Transfer Order

Schedule 3 (variation of the 1999 transfer order) to this Order shall have effect.

Section 5 Miscellaneous Provisions

A former function shall be exercisable by the Minister of the Crown by whom it was exercisable, in relation to Wales, immediately before 1st July 1999.

Section 6 Miscellaneous Provisions

(1) This article applies to any inquiry the procedures of which are prescribed by the Rules specified in Schedule 4 to this Order.

(2) In relation to any inquiry to which this article applies, references in each of the said Rules to “government policy” shall have effect as if they included reference to policy adopted or formulated by the Assembly.

(3) In relation to any inquiry to which this article applies and which is held or caused to be held other than by the Assembly, references to a government department shall have effect as if they included reference to the Assembly.

(4) In the preceding paragraph (3), reference to an inquiry does not include an inquiry held by an inspector where jurisdiction to determine the appeal to which that inquiry relates has been transferred to the inspector by the Assembly.

Section 7 Miscellaneous Provisions

Schedule 5 (modification of enactments) to this Order shall have effect.

Section 8 Miscellaneous Provisions

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.

Section 9 Miscellaneous Provisions

(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.

Section 10 Transfer of property etc.

The provisions of section 23(1) of the Act shall not apply to any documentary or electronic records.

Section 11 Transfer of property etc.

(1) Subject to paragraph (2), Schedule 6 (transfer of property, rights, liabilities etc from the Assembly to Ministers of the Crown) shall have effect.

(2) Schedule 6 does not apply to rights or liabilities relating to the employment of persons in Crown employment (as defined in section 191(3) of the Employment Rights Act 1996 ).

Section 12 Revocation

The National Assembly for Wales (Transfer of Functions) (No.2) Order 1999 is revoked.

Section 1 The Dentists Act 1984 (c. 24)

In paragraph 1(2)(b) of Schedule 1 to the Dentists Act 1984 (General Dental Council and Committees of the Council: supplementary provisions) for “the Welsh Office” substitute “the National Assembly for Wales”.

Section 2 The Housing and Planning Act 1986 (c. 63)

Section 42 (recovery of Minister’s costs in connection with inquiries) shall have effect as if in subsection (2)(b) the reference to “government department” included reference to the Assembly.

Section 3 Social Security Act 1998 (c. 14)

In section 6(6)(b) of the Social Security Act 1998 (panel for appointment to appeal tribunals) for “Welsh Office” substitute “National Assembly for Wales”.

Section 4 Social Security Act 1998 (c. 14)

In paragraph 8(2)(b) of Schedule 1 to that Act of 1998 (appeal tribunals: supplementary provisions) for “Welsh Office” substitute “National Assembly for Wales”.

Section 5 The Novel Foods and Novel Food Ingredients Regulations 1997 (S.I. 1997/1335 )

In regulation 3 of the Novel Foods and Novel Food Ingredients Regulations 1997 —

(a) at the end of paragraph (1)(a) omit “and”;

(b) in paragraph (1)(b) omit “and Wales” in both places; and

(c) after paragraph (1)(b) add, and,

(c) where placing on the market for the first time in Wales, shall be submitted for processing to the National Assembly for Wales who shall be the food assessment body in Wales for the purposes of that Regulation.

Section 6 The Novel Foods and Novel Food Ingredients (Fees) Regulations 1997 (S.I. 1997/1336 )

In Regulation 3(1) of the Novel Foods and Novel Food Ingredients (Fees) Regulations 1997 —

(a) after “to the Secretary of State for Scotland or” (where it first appears) insert “to the National Assembly for Wales or”;

(b) after “or, as the case may be,” insert “to the Assembly or to”; and

(c) omit “, in connection with the services provided by him acting jointly with the Secretary of State for Health as the food assessment body for the purposes of that Regulation,”.

Section 7 The Novel Foods and Novel Food Ingredients (Fees) Regulations 1997 (S.I. 1997/1336 )

After regulation 3(2), add as follows —

(3) The appropriate fee payable to the Minister under paragraph (1) above shall be in connection with the services provided by him acting jointly with the Secretary of State for Health as the food assessment body for the purposes of the said Regulation ( EC ) No. 258/97 .

Section 8 Employers' Liability (Compulsory Insurance) Regulations 1998 (S.I. 1998/2573 )

(1) Paragraph 1 of Schedule 2 (employers exempted from insurance) to the Employers' Liability (Compulsory Insurance) Regulations 1998 is amended as follows.

(2) After “the Scottish Ministers” (where it first occurs) insert “or the National Assembly for Wales”.

(3) After “the Scottish Consolidated Fund” insert “or, in the case of a certificate issued by the National Assembly for Wales, out of monies provided by that Assembly”.

Section 1

There shall be transferred to and vest in a Minister of the Crown all property, rights and liabilities to which the Assembly is entitled or subject, at the coming into force of this Order, in connection with any function exercisable by the Assembly which is transferred to that Minister by virtue of articles 4 and 5 of, and Schedule 3 to, this Order.

Section 2

There may be continued by or in relation to a Minister of the Crown anything (including legal proceedings) which relates to—

(a) any function exercisable by the Assembly which is so transferred by this Order to that Minister, or

(b) any property, rights or liabilities transferred by paragraph 1,

and which is in the process of being done by or in relation to the Assembly immediately before the coming into force of this Order.

Section 3

Anything which was done by the Assembly for the purpose of or in connection with —

(a) any function exercisable by the Assembly which is transferred by this Order,

or

(b) any property, rights or liabilities transferred by paragraph 1,

and which is in effect immediately before the coming into force of this Order shall have effect as if done by the Minister of the Crown to whom the functions are transferred by this Order.

Section 4

The Minister of the Crown to whom any function of the Assembly is transferred by this Order shall be substituted for the Assembly in any instruments, contracts or legal proceedings which relate to—

(a) any function exercisable by the Assembly which is transferred to that Minister by this Order, or

(b) any property, rights or liabilities transferred by paragraph 1,

and which are made or commenced before the coming into force of this Order.