The Welsh Ministers (Transfer of Functions) Order 2018

JurisdictionUK Non-devolved
CitationSI 2018/644
Year2018
(1) This Order may be cited as the Welsh Ministers (Transfer of Functions) Order 2018 and save as is provided in paragraph (2) comes into force on the day after the date on which it is made.(2) Article 39 (which transfers functions in relation to the Education Act 2002 (3) In this Order—(4) In this Order, an expression used in relation to an enactment has the same meaning as in the enactment to which the expression relates.(5) 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 has effect as a power to confer such functions on the Welsh Ministers.(6) Paragraph 1(1) (transfer of property, rights and liabilities connected with transferred functions) of Schedule 4 to the Government of Wales Act 2006 does not apply to any documentary or electronic records to which a Minister of the Crown is entitled at the coming into force of any provision in this Order in connection with any function exercisable by the Minister which is transferred by this Order.(1) The functions of the Minister under section 1 (power in connection with research as to the artificial insemination of livestock) of the Agriculture (Artificial Insemination) Act 1946 (2) The 1946 Act applies in relation to the exercise of the functions under section 1(1) by the Welsh Ministers as if section 1(2) were omitted.(1) Subject to paragraph (3) , the functions of a Minister of the Crown under the Industrial Organisation and Development Act 1947 section 9(4) of the 1947 Act applies in relation to the exercise of functions under that subsection by the Welsh Ministers as if for “as the Treasury may direct” there were substituted “ as the Welsh Ministers consider appropriate ”; andthe Welsh Ministers may exercise the functions of the Board of Trade under section 11 of the 1947 Act in relation to Wales acting alone and without the need for Treasury approval.(3) The function under section 7(4) (reports, and accounts, of development councils) of the 1947 Act
  • The functions of the Lord Chancellor under section 73(3) (power to set procedure for the Agricultural Land Tribunal for Wales (or Tribiwnlys Tir Amaethyddol Cymru) ) of the Agriculture Act 1947
  • (1) Except as set out in paragraph (3) , the functions of a Minister of the Crown under section 17 (notification to coast protection authority of coast protection work to be carried out by certain authorities) of the Coast Protection Act 1949 (2) Accordingly, all references in that section to a Minister concerned, or to the appropriate Minister (however expressed) are to be construed as a reference to the Welsh Ministers in relation to the exercise of functions transferred by paragraph (1) .(3) Paragraph (1) does not operate to transfer any function to the extent that it is exercisable in relation to a cross-border harbour or a reserve trust port.
  • section 65(3) (access orders) ;
  • section 72 (claims for compensation and interest) ;
  • section 78(1) (maps of land subject to public access) ; and
  • paragraph 4 of Schedule 1 (provisions as to the making, confirmation, coming into operation and validity of certain instruments) .
  • (1) Except as set out in paragraph (2) , it is directed that the functions of a Minister of the Crown under section 22 (Agricultural Marketing Funds) of the Agricultural Marketing Act 1958

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