House of Commons portcullis
House of Commons
Session 2008 - 09
Internet Publications
Other Bills before Parliament

Government of Cornwall Bill


Government of Cornwall Bill
Schedule 2 — Transfer of powers

19

 

Schedules

Schedule 1

Section 1

 

Assembly constituencies and Assembly electoral regions

General

1     (1)  

There shall be 40 Assembly constituencies in Cornwall and 123 Members

5

representing these constituencies.

      (2)  

The Boundary Commission shall determine the boundaries of these

constituencies and the number of Members representing each one.

      (3)  

The Boundary Commission shall publish its determination.

2          

Paragraphs 1 and 2 are subject to any Order in Council under the

10

Parliamentary Constituencies Act 1986 (c. 56) (“the 1986 Act”), as that Act

has effect as extended by this Schedule.

Local inquiries in respect of Assembly electoral regions

3          

The Boundary Commission may, if it thinks fit, cause a local inquiry to be

held in respect of any Assembly electoral constituency or constituencies.

15

4          

Section 250(2) and (3) of the Local Government Act 1972 (c. 70) (witnesses at

local inquiries) shall apply in relation to any local inquiry which the

Commission may cause to be held in pursuance of this paragraph.

Schedule 2

Section 35

 

Transfer of powers

20

Subjects in which functions are to be transferred

Agriculture

1     (1)  

Agriculture, including animal health and welfare, plant health, plant

varieties and seeds, horticulture, fisheries, fish health, forestry, rural

development.

25

      (2)  

The following are excepted—

(a)   

Hunting with dogs.

(b)   

Regulation of scientific or other experimental procedures on

animals.

(c)   

Import and export control, and regulation of movement, of animals,

30

plants and other things, apart from (but subject to provision made by

 

 

Government of Cornwall Bill
Schedule 2 — Transfer of powers

20

 

or by virtue of any Act of Parliament relating to the control of

imports or exports)—

(i)   

the movement into and out of, and within, Cornwall of

animals, animal products, plants, plant products and other

things related to them for the purposes of protecting human,

5

animal or plant health, animal welfare or the environment or

observing or implementing obligations under the Common

Agricultural Policy, and

(ii)   

the movement into and out of, and within, Cornwall of

animal feedstuff, fertilisers and pesticides (or things treated

10

by virtue of any enactment as pesticides) for the purposes of

protecting human, animal or plant health or the

environment.

(d)   

Authorisations of veterinary medicines and medicinal products.

Ancient monuments and historic buildings

15

2          

Archaeological remains, ancient monuments, buildings and places of

historical or architectural interest, historic wrecks.

Culture

3     (1)  

Arts and crafts, museums and galleries, libraries, archives and historical

records, cultural activities and projects.

20

      (2)  

The following are excepted—

(a)   

Public lending rights.

(b)   

Broadcasting.

(c)   

Classification of films and video recordings.

(d)   

Government indemnities for objects on loan.

25

(e)   

Payments to Her Majesty’s Revenue and Customs in respect of

property accepted in satisfaction of tax, apart from property in which

there is a Cornish national interest.

Economic development

4     (1)  

Economic regeneration and development, including social development of

30

communities, reclamation of derelict land and improvement of the

environment, promotion of business and competitiveness.

      (2)  

The following are excepted—

(a)   

Fiscal, economic and monetary policy and regulation of international

trade.

35

(b)   

Regulation of anti-competitive practices and agreements, abuse of

dominant position and monopolies and mergers.

(c)   

Intellectual property.

(d)   

Creation, operation, regulation and dissolution of types of business

association.

40

(e)   

Insolvency.

(f)   

Product standards, safety and liability, apart from in relation to food

(including packaging and other materials which come into contact

with food), agricultural and horticultural products, fish and fish

 
 

Government of Cornwall Bill
Schedule 2 — Transfer of powers

21

 

products, seeds, fertilisers and pesticides (and things treated by

virtue of any enactment as pesticides).

(g)   

Consumer protection, including the sale and supply of goods to

consumers, consumer guarantees, hire purchase, trade descriptions,

advertising and price indications, apart from in relation to food

5

(including packaging and other materials which come into contact

with food), agricultural and horticultural products, fish and fish

products, seeds, fertilisers and pesticides (and things treated by

virtue of any enactment as pesticides).

(h)   

Financial services, including investment business, banking and

10

deposit-taking, collective investment schemes and insurance.

(i)   

Financial markets, including listing and public offers of securities

and investments, transfers of securities, insider dealing and money

laundering.

(j)   

Telecommunications, wireless telegraphy (including

15

electromagnetic disturbance), internet services and electronic

encryption.

(k)   

Postal services, post offices and the Post Office, apart from financial

assistance for the provision of services (other than postal services

and services relating to money or postal orders) to be provided from

20

public post offices.

(l)   

Generation, transmission and supply of electricity, apart from

pollution.

(m)   

Energy conservation, apart from the encouragement of energy

efficiency otherwise than by prohibition or regulation.

25

(n)   

Coal, including mining and subsidence, apart from land restoration

and other environmental matters.

(o)   

Oil and gas, apart from pollution.

(p)   

Units and standards of weights and measurement and the regulation

of trade so far as involving weighing, measuring and quantities.

30

(q)   

Industrial Development Advisory Board.

Education and training

5     (1)  

Education, vocational, social and physical training and the careers service,

promotion of advancement and application of knowledge.

      (2)  

Research Councils are excepted.

35

Environment

6          

Environmental protection, including pollution, nuisances and hazardous

substances, collection, management and disposal of waste, land drainage

and land improvement, countryside and open spaces (including the

designation and regulation of national parks and areas of outstanding

40

natural beauty), nature conservation and sites of special scientific interest,

protection of natural habitats, coast and marine environment (including

seabed), biodiversity, genetically modified organisms, smallholdings and

allotments, common land, town and village greens, burial and cremation.

Fire rescue services and promotion of safety

45

7          

Fire and rescue services, promotion of fire safety otherwise than by

prohibition or regulation.

 
 

Government of Cornwall Bill
Schedule 2 — Transfer of powers

22

 

Food

8          

Food and food products, food safety (including packaging and other

materials which come into contact with food), protection of interests of

consumers in relation to food.

Health and health services

5

9     (1)  

Promotion of health, prevention, treatment and alleviation of disease,

illness, injury, disability and mental disorder, control of disease, family

planning, provision of health services, including medical, dental,

ophthalmic, pharmaceutical and ancillary services and facilities, clinical

governance and standards of health care, organisation and funding of

10

national health service.

      (2)  

The following are excepted—

(a)   

Abortion.

(b)   

Human genetics, human fertilisation, human embryology, surrogacy

arrangements.

15

(c)   

Xenotransplantation.

(d)   

Regulation of health professionals (including persons dispensing

hearing aids).

(e)   

Poisons.

(f)   

Misuse of and dealing in drugs.

20

(g)   

Human medicines and medicinal products, including authorisations

for use and regulation of prices.

(h)   

Standards for, and testing of, biological substances (that is,

substances the purity or potency of which cannot be adequately

tested by chemical means).

25

(i)   

Vaccine damage payments.

(j)   

Welfare foods.

(k)   

Health and Safety Commission, Health and Safety Executive and

Employment Medical Advisory Service and provision made by

health and safety regulations.

30

Highways and transport

10    (1)  

Highways, including bridges and tunnels, streetworks, traffic management

and regulation, transport facilities and services.

      (2)  

The following are excepted—

(a)   

Road freight transport services, including goods vehicles operating

35

licensing.

(b)   

Regulation of use of motor vehicles and trailers on roads, their

construction and equipment and conditions under which they may

be so used, apart from regulation of use of vehicles carrying animals

for purpose of protecting human, animal or plant heath, animal

40

welfare or the environment.

(c)   

Road traffic offences.

(d)   

Driver licensing.

(e)   

Driving instruction.

(f)   

Insurance of motor vehicles.

45

(g)   

Drivers’ hours.

 
 

Government of Cornwall Bill
Schedule 2 — Transfer of powers

23

 

(h)   

Traffic regulation on special roads, pedestrian crossings, traffic signs

and speed limits.

(i)   

International road transport services for passengers.

(j)   

Public service vehicle operator licensing.

(k)   

Documents relating to vehicles and drivers for purposes of travel

5

abroad and vehicles brought temporarily into Cornwall by persons

resident outside the United Kingdom.

(l)   

Vehicle excise duty and vehicle registration.

(m)   

Aviation, air transport, airports and aerodromes, apart from—

(i)   

financial assistance to providers or proposed providers of air

10

transport services or airport facilities or services,

(ii)   

strategies by the Cornish Ministers or local or other public

authorities about provision of air services, and

(iii)   

regulation of use of aircraft carrying animals for purpose of

protecting human, animal or plant heath, animal welfare or

15

the environment.

(n)   

Shipping, apart from—

(i)   

financial assistance for shipping services to, from or within

Cornwall, and

(ii)   

regulation of use of vessels carrying animals for purpose of

20

protecting human, animal or plant heath, animal welfare or

the environment.

(o)   

Navigational rights and freedoms, apart from regulation of works

which may obstruct or endanger navigation.

(p)   

Technical and safety standards of vessels.

25

(q)   

Harbours, docks, piers and boatslips, apart from those used or

required wholly or mainly for the fishing or agricultural industries,

for recreation or for communications between places in Cornwall.

(r)   

Carriage of dangerous goods (including transport of radioactive

material).

30

Housing

11         

Housing and housing finance, encouragement of home energy efficiency

and conservation, otherwise than by prohibition or regulation, regulation of

rent, homelessness, residential caravans and mobile homes.

Local government

35

12    (1)  

Constitution, structure and areas of local authorities, electoral arrangements

for local authorities, powers and duties of local authorities and their

members and officers, local government finance.

      (2)  

The following are excepted—

(a)   

Local government franchise.

40

(b)   

Electoral registration and administration.

(c)   

Registration of births, marriages, civil partnerships and deaths.

(d)   

Licensing of sale and supply of alcohol, provision of entertainment

and late night refreshment.

(e)   

Anti-social behaviour orders.

45

(f)   

Local land charges, apart from fees.

(g)   

Sunday trading.

 
 

Government of Cornwall Bill
Schedule 2 — Transfer of powers

24

 

(h)   

Provision of advice and assistance overseas by local authorities in

connection with carrying on there of local government activities.

Public administration

13    (1)  

Public Services Ombudsman for Cornwall, audit, examination, regulation

and inspection of auditable public authorities, inquiries, equal opportunities

5

in relation to equal opportunity public authorities, access to information

held by open access public authorities.

      (2)  

The following are “auditable public authorities” and “equal opportunity

public authorities”—

(a)   

the Assembly,

10

(b)   

the Assembly Commission,

(c)   

the Cornish Assembly Government,

(d)   

persons who exercise functions of a public nature and in respect of

whom the Cornish Ministers exercise functions,

(e)   

persons who exercise functions of a public nature and at least half of

15

the cost of whose functions in relation to Cornwall are funded

(directly or indirectly) by the Cornish Ministers, and

(f)   

persons established by enactment and having power to issue a

precept or levy.

      (3)  

The following are “open access public authorities”—

20

(a)   

the Assembly,

(b)   

the Assembly Commission,

(c)   

the Cornish Assembly Government, and

(d)   

authorities which are Cornish public authorities, within the meaning

of the Freedom of Information Act 2000 (c. 36).

25

      (4)  

The regulation of the profession of auditor is excepted.

Social welfare

14    (1)  

Social welfare including social services, protection and well-being of

children (including adoption and fostering), care of young adults,

vulnerable persons and older persons, including care standards, badges for

30

display on motor vehicles used by disabled persons.

      (2)  

The following are excepted—

(a)   

Child support.

(b)   

Child trust funds.

(c)   

Tax credits.

35

(d)   

Child benefit and guardian’s allowance.

(e)   

Social security.

(f)   

Intercountry adoption, apart from adoption agencies and their

functions, and functions of “the Central Authority” under the Hague

Convention on Protection of Children and Co-operation in respect of

40

Intercountry Adoption.

(g)   

The Children’s Commissioner (established under the Children Act

2004 (c. 31).

(h)   

Family law and proceedings.

 
 

Government of Cornwall Bill
Schedule 2 — Transfer of powers

25

 

Sport and recreation

15    (1)  

Sport and recreational activities.

      (2)  

Betting, gaming and lotteries are excepted.

Tourism

16         

Tourism.

5

Town and a country planning

17         

Town and country planning, including listed buildings, conservation areas,

hazardous substances, caravan sites, spatial planning, mineral workings,

urban development, new towns, protection of visual amenity.

Water and flood defence

10

18    (1)  

Water supply and sewerage, including abstraction and impounding of

water, water resources management, water quality, water industry, water

charges and representation of consumers of water, safety of reservoirs and

other inland water, management and protection of watercourses and flood

prevention.

15

      (2)  

The following are excepted—

(a)   

Appointment of water undertakers or sewerage undertakers for any

area most of which is in England.

(b)   

Licensing of water suppliers.

Cornish language

20

19    (1)  

Cornish language.

      (2)  

The use of the Cornish language in courts is excepted.

 
 

 
previous section contents
 
House of Commons home page Houses of Parliament home page House of Lords home page search page enquiries

© Parliamentary copyright 2009
Revised 15 July 2009