Government of Cornwall Bill

House of Commons

Session 2008 - 09
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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
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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
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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
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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
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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.

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Schedule 2 — Transfer of powers
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(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.

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Schedule 2 — Transfer of powers
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(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.

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Schedule 2 — Transfer of powers
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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.