The National Assembly for Wales (Transfer of Functions) Order 2004

• Citation: S.I. 2004/3044
• Sections: 5

Section 1 Citation, commencement and interpretation

(1) This Order may be cited as the National Assembly for Wales (Transfer of Functions) Order 2004.

(2) This Order shall come into force on the day after the day on which it is made except that, in relation to article 2 and Schedule 1 to this Order, this Order shall come into force on 31st December 2004.

(3) In this Order—

“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.

Section 2 Transfer of functions

Schedule 1 to this Order shall have effect as follows—

(a) except as provided in paragraph (b), all functions of a Minister of the Crown under the enactments specified in Schedule 1 are, to the extent there specified and 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) all other provisions contained in Schedule 1 in relation to the enactments specified therein shall have effect.

Section 3 Transfer of functions

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 4 Variation of the 1999 Transfer Order

Schedule 2 to this Order shall have effect.

Section 5 Transfer of Property

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