Government of Wales Bill - continued        House of Commons

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  PART II
  ASSEMBLY FUNCTIONS
 
Introduction
Introductory.     21. The Assembly shall have the functions which are-
 
 
    (a) transferred to, or made exercisable by, the Assembly by virtue of this Act, or
 
    (b) conferred or imposed on the Assembly by or under this Act or any other Act.
 
Transfer of Ministerial functions to Assembly
Transfer of Ministerial functions.     22. - (1) Her Majesty may by Order in Council-
 
 
    (a) provide for the transfer to the Assembly of any function so far as exercisable by a Minister of the Crown in relation to Wales,
 
    (b) direct that any function so far as so exercisable shall be exercisable by the Assembly concurrently with the Minister of the Crown, or
 
    (c) direct that any function so far as exercisable by a Minister of the Crown in relation to Wales shall be exercisable by the Minister only with the concurrence of or subject to the consent or approval of, or after consultation with, the Assembly.
      (2) The Secretary of State shall, before the first ordinary election, lay before each House of Parliament the draft of an Order in Council under this section making provision for the transfer of such functions in each of the fields specified in Schedule 2 as the Secretary of State considers appropriate.
 
      (3) An Order in Council under this section may contain any appropriate consequential, incidental, supplementary or transitional provisions or savings (including provisions in the form of amendments or repeals of enactments).
 
      (4) No recommendation shall be made to Her Majesty in Council to make an Order in Council under this section-
 
 
    (a) unless a draft of the statutory instrument containing the Order in Council has been laid before, and approved by a resolution of, each House of Parliament, and
 
    (b) in the case of an Order in Council varying or revoking a previous Order in Council, unless such a draft has also been laid before, and approved by a resolution of, the Assembly.
Transfers: supplementary.     23. - (1) Where a function is exercisable by a Minister of the Crown subject to a requirement of concurrence, consent or approval of, or for consultation with, another Minister of the Crown-
 
 
    (a) if an Order in Council under section 22 transfers the function, it shall be exercisable by the Assembly free from that requirement unless the Order in Council provides otherwise, and
 
    (b) if an Order in Council under that section directs that the function shall be exercisable by the Assembly concurrently with the Minister of the Crown by whom it is exercisable, the Order in Council may provide that it shall be exercisable by the Assembly free from that requirement.
      (2) Subject to subsection (3), an Order in Council under section 22 may make provision about any function of a Minister of the Crown (including a function conferred or imposed after the passing of this Act).
 
      (3) Such an Order in Council may not make provision about any function conferred or imposed by any provision of this Act except-
 
 
    (a) any provision contained in Part VI other than sections 136 and 138, and
 
    (b) any provision contained in Part VII so far as relating to any provision contained in Part VI other than sections 136 and 138.
      (4) Any power of a Minister of the Crown to make subordinate legislation which has been transferred by an Order in Council under section 22 shall continue to be exercisable by the Minister of the Crown in relation to Wales for the purpose of-
 
 
    (a) implementing any Community obligation of the United Kingdom, or enabling any such obligation to be implemented, or of enabling any rights enjoyed or to be enjoyed by the United Kingdom under or by virtue of the Community Treaties to be exercised, or
 
    (b) dealing with matters arising out of or related to any such obligation or rights or the operation of section 2(1) of the European Communities Act 1972.
      (5) References in section 22 and this section to a Minister of the Crown include references to-
 
 
    (a) two or more Ministers of the Crown acting jointly, and
 
    (b) an officer of a Minister of the Crown or of a government department,
  and, in relation to functions of such an officer, the references in section 22(1) and this section to the Assembly include a member of the Assembly's staff.
 
      (6) Any function exercisable by a Minister of the Crown in relation to-
 
 
    (a) the Welsh language or any other aspect of Welsh culture,
 
    (b) an area of the sea adjoining either the coast of Wales or an area of sea forming part of Wales,
 
    (c) a cross-border area, or
 
    (d) a committee, board or undertaker which carries on activities in, or with respect to, a cross-border area,
  shall be regarded for the purposes of section 22 as exercisable by the Minister in relation to Wales.
 
      (7) In this Act "cross-border area" means an area which includes a part (but not the whole) of England as well as the whole or a part of Wales.
 
      (8) An Order in Council under section 22 which transfers any function exercisable in relation to-
 
 
    (a) a cross-border area, or
 
    (b) any committee, board or undertaker such as is mentioned in subsection (6)(d),
  may provide (either generally or in relation to circumstances specified in the Order in Council) that the function may be exercised by the Assembly in relation to any such area, or committee, board or undertaker, only with the concurrence or subject to the consent or approval of, or after consultation with, a Minister of the Crown.
 
      (9) An Order in Council under section 22-
 
 
    (a) transferring a function exercisable by a Minister of the Crown, or
 
    (b) directing that a function shall be so exercisable only with the concurrence of or subject to the consent or approval of, or after consultation with, the Assembly,
  shall not affect the validity of anything done by or in relation to the Minister before the coming into force of the Order in Council.
 
      (10) References in section 22, this section and sections 24 to 26 to a Minister of the Crown include a Scottish Minister.
 
General transfer of property, rights and liabilities etc.     24. - (1) There shall be transferred to and vest in the Assembly by virtue of this subsection all property, rights and liabilities to which a Minister of the Crown is entitled or subject, at the coming into force of an Order in Council under section 22, in connection with any function exercisable by the Minister which is transferred by the Order in Council.
 
      (2) There may be continued by or in relation to the Assembly anything (including legal proceedings) which relates to-
 
 
    (a) any function exercisable by a Minister of the Crown which is transferred by an Order in Council under section 22, or
 
    (b) any property, rights or liabilities transferred by subsection (1) as the result of the transfer of any such function by such an Order in Council,
  and which is in the process of being done by or in relation to the Minister immediately before the coming into force of the Order in Council.
 
      (3) Anything which was done by a Minister of the Crown for the purpose of or in connection with-
 
 
    (a) any function exercisable by the Minister which is transferred by an Order in Council under section 22, or
 
    (b) any property, rights or liabilities transferred by subsection (1) as the result of the transfer of any such function by such an Order in Council,
  and which is in effect immediately before the coming into force of the Order in Council shall have effect, so far as is required for continuing its effect, as if done by the Assembly.
 
      (4) The Assembly shall be substituted for any Minister of the Crown in any instruments, contracts or legal proceedings which relate to-
 
 
    (a) any function exercisable by the Minister which is transferred by an Order in Council under section 22, or
 
    (b) any property, rights or liabilities transferred by subsection (1) as the result of the transfer of any such function by such an Order in Council,
  and which are made or commenced before the coming into force of the Order in Council.
 
General transfer: supplementary.     25. - (1) An Order in Council under section 22 may provide that all or any of the provisions of section 24-
 
 
    (a) shall not apply in relation to the transfer of functions by the Order in Council or to the property, rights and liabilities connected with the functions,
 
    (b) shall apply only in relation to the transfer of particular functions by the Order in Council or to particular property, rights or liabilities connected with the functions transferred by the Order in Council, or
 
    (c) shall not apply in relation to the transfer of particular functions by the Order in Council or to particular property, rights or liabilities connected with the functions transferred by the Order in Council.
      (2) Section 24 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).
 
Power to make specific transfers etc.     26. - (1) The Secretary of State may by order make provision for the transfer to the Assembly of-
 
 
    (a) any specified property, rights or liabilities, or
 
    (b) property, rights or liabilities of any specified description,
  to which a Minister of the Crown is entitled or subject.
 
      (2) An order under subsection (1) may provide for the transfer of any property, rights or liabilities to have effect subject to exceptions or reservations specified in or determined under the order.
 
      (3) An order under subsection (1) may provide-
 
 
    (a) for the creation in favour of a Minister of the Crown of interests in, or rights over, property transferred to the Assembly,
 
    (b) for the creation in favour of the Assembly of interests in, or rights over, property retained by a Minister of the Crown, or
 
    (c) for the creation of new rights and liabilities between the Assembly and a Minister of the Crown.
      (4) The Secretary of State may by order make provision for the continuation by or in relation to the Assembly of-
 
 
    (a) any specified thing, or
 
    (b) anything of a specified description,
  commenced by or in relation to a Minister of the Crown.
 
      (5) The Secretary of State may by order make provision for-
 
 
    (a) any specified thing, or
 
    (b) anything of a specified description,
  done by a Minister of the Crown to have effect as if done by the Assembly.
 
      (6) The Secretary of State may by order make provision for the substitution of the Assembly for any Minister of the Crown in-
 
 
    (a) any specified instrument, contract or legal proceedings, or
 
    (b) any instrument, contract or legal proceedings of a specified description.
      (7) An order under this section may be made in consequence of the making of an Order in Council under section 22 or in any other circumstances in which the Secretary of State considers it appropriate to make such an order.
 
      (8) An order under this section may contain any appropriate consequential, incidental, supplementary or transitional provisions or savings.
 
Transfers of property: supplementary.     27. - (1) A certificate issued by the Secretary of State that any property has been transferred by-
 
 
    (a) section 24, or
 
    (b) an order under section 26,
  shall be conclusive evidence of the transfer.
 
      (2) Section 24 and an order under section 26 shall have effect in relation to property, rights or liabilities to which it applies in spite of any provision (of whatever nature) which would prevent or restrict the transfer of the property, rights or liabilities otherwise than by that section or such an order.
 
 
Other functions
Reform of Welsh health authorities.     28. - (1) The Assembly may by order make provision for the transfer to the Assembly of any or all of the functions of a Welsh health authority.
 
      (2) In this section "Welsh health authority" means-
 
 
    (a) a Health Authority for an area in, or consisting of, Wales, or
 
    (b) a Special Health Authority performing functions in respect only of Wales.
      (3) An order under subsection (1) relating to a Health Authority may provide for the transfer of any or all of the functions of the authority with respect to the whole, or any part, of the area for which the authority act.
 
      (4) If such an order provides for the transfer of all of the authority's functions with respect to a part of that area, it shall also include provision-
 
 
    (a) specifying the rest of that area as the new area for which the authority are to act, and
 
    (b) specifying as the name by which the authority shall be known (in addition to the title "Health Authority") such name as appears to the Assembly appropriately to signify the connection of the authority with the new area.
      (5) Where an order under subsection (1) transfers-
 
 
    (a) all of the functions of a Health Authority with respect to the whole of the area for which the authority act, or
 
    (b) all of the functions of a Special Health Authority,
  the Assembly may by order make provision for the abolition of the authority.
 
      (6) Subsection (7) applies where-
 
 
    (a) a Health Authority which act for an area are abolished by an order under subsection (5), or
 
    (b) an order under subsection (1) relating to a Health Authority provides for the transfer of all of the functions of the authority with respect to a part of the area for which the authority act.
      (7) Where this subsection applies-
 
 
    (a) the duty imposed by section 8(1) and (5)(a) of the National Health Service Act 1977 (duty to establish Health Authorities covering whole of England and Wales) no longer requires there to be a Health Authority for the area mentioned in paragraph (a) of subsection (6), or the part mentioned in paragraph (b) of that subsection, but
 
    (b) the duty imposed by section 20 of that Act (duty to establish community health councils covering the areas of all Health Authorities) includes a duty to establish one or more community health councils covering that area or part (whether or not together with the area, or part of the area, for which any Health Authority act).
      (8) An order under subsection (1) or (5) relating to a Welsh health authority may include provision for the transfer of staff of the authority and of any property, rights and liabilities to which the authority are entitled or subject.
 
      (9) An order under this section may contain any appropriate consequential, incidental, supplementary or transitional provisions or savings (including provisions in the form of amendments or repeals of enactments).
 
      (10) Nothing in this section limits any power conferred by the National Health Service Act 1977.
 
Reform of other Welsh public bodies.     29. - (1) The Assembly may by order make, in relation to any one or more of the statutory functions of a body specified in Part I or II of Schedule 3, provision for the transfer of the function or functions-
 
 
    (a) to a body specified in Part I or III of that Schedule,
 
    (b) to a body specified in Part II or IV of that Schedule if that body consents to the transfer to it of the function or functions,
 
    (c) to a county council, county borough council or community council in Wales (or to more than one such council), or
 
    (d) to the Assembly.
      (2) Where the Assembly considers that, if a statutory function of a body specified in Part I or II of Schedule 3 were transferred to a body within any of paragraphs (a) to (d) of subsection (1) by an order under that subsection, that body-
 
 
    (a) would not be able to exercise the function because the function requires or permits something to be done in relation to that body, or
 
    (b) could by exercising another of its functions do what the function would require or permit that body to do,
  the Assembly may by order make provision for the abolition of the function.
 
      (3) Where each of the statutory functions of a body specified in Part I or II of Schedule 3 is transferred or abolished by an order under subsection (1) or (2), the Assembly may by order make provision-
 
 
    (a) for the abolition of the body if it is a body specified in Part I of that Schedule, or
 
    (b) for the abolition of the duty to recognise the body if it is a body specified in Part II of that Schedule.
      (4) An order under subsection (1), (2) or (3)(a) making provision in relation to a body specified in Part I of Schedule 3 may include provision for the transfer of staff of the body and of any property, rights and liabilities to which the body is entitled or subject and may in particular-
 
 
    (a) provide for the transfer of any property, rights or liabilities to have effect subject to exceptions or reservations specified in or determined under the order,
 
    (b) provide for the creation of interests in, or rights over, property transferred or retained or for the creation of new rights and liabilities between the body and the transferee,
 
    (c) provide for the order to have effect in spite of any provision (of whatever nature) which would prevent or restrict the transfer of the property, rights or liabilities otherwise than by the order, or
 
    (d) make provision about property situated outside the United Kingdom or rights and liabilities arising otherwise than under the law of England and Wales.
      (5) Where by an order under subsection (1) or (2)-
 
 
    (a) any function of a body specified in Part I of Schedule 3 is transferred or abolished, or
 
    (b) any function is transferred to a body specified in Part I or III of that Schedule,
  the Assembly may by order make provision altering the membership of the body.
 
      (6) An order under subsection (3)(a) making provision for the abolition of a body may include provision for the abolition of any duty in compliance with which it was established or constituted.
 
      (7) An order under this section may contain any appropriate consequential, incidental, supplementary or transitional provisions or savings (including provisions in the form of amendments or repeals of enactments).
 
      (8) In this section "statutory functions" means functions conferred or imposed by an enactment (including an enactment which is contained in an Act passed after this Act or is made after the passing of this Act).
 
 
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Prepared 27 November 1997