The Welsh Ministers (Transfer of Functions) Order 2008

• Citation: S.I. 2008/1786
• Sections: 3

Section 1 Citation and commencement

(1) This Order may be cited as the Welsh Ministers (Transfer of Functions) Order 2008.

(2) This Order shall come into force on the day after the day on which it is made.

Section 2 Transfer of Functions

The following functions are, so far as exercisable in relation to Wales, transferred to the Welsh Ministers—

(a) functions under section 86 of the Mental Health Act 1983 , except in relation to a patient who is subject to one or more of the following, namely—

(i) a restriction order made under section 41 of that Act;

(ii) a hospital direction made under section 45A(3)(a) of that Act;

(iii) a limitation direction made under section 45A(3)(b) of that Act; or

(iv) a restriction direction made under section 49 of that Act;

(b) functions under section 259 of, and Schedule 21 to, the National Health Service Act 2006 .

Section 3 Transfer of property, rights and liabilities - exception

The provisions of paragraph 1(1) of Schedule 4 to the Government of Wales Act 2006 do not apply to any documentary or electronic records to which a Minister of the Crown is entitled at the coming into force of this Order, in connection with any function exercisable by the Minister which is transferred by this Order.