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Confer powers on Ministers of the Crown in relation to certain public bodies |
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and offices; to confer powers on Welsh Ministers in relation to environmental |
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public bodies; to make provision in relation to forestry; to make provision |
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about amendment of Schedule 1 to the Superannuation Act 1972; and for |
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Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and |
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consent of the Lords Spiritual and Temporal, and Commons, in this present |
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Parliament assembled, and by the authority of the same, as follows:— |
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General ministerial powers |
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(1) | A Minister may by order abolish a body or office specified in Schedule 1. |
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(2) | An order under subsection (1) may include provision transferring functions |
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from the body or office being abolished to an eligible person. |
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(3) | In this Act, “eligible person” means— |
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(a) | a Minister, the Scottish Ministers, a Northern Ireland department or the |
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(b) | any other person exercising public functions, |
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(c) | a company limited by guarantee, |
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(d) | a community interest company, or |
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(e) | a body of trustees or other unincorporated body of persons. |
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(1) | A Minister may by order merge any group of bodies or offices specified in |
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(2) | In this section, to “merge” a group means— |
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(a) | to abolish all the bodies or offices in the group, create a new body |
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corporate or office and transfer some or all of the functions of the |
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abolished bodies or offices to the new one, or |
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(b) | to abolish all but one of the bodies or offices in the group and to transfer |
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some or all of the functions of the abolished bodies or offices to the |
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(3) | An order under subsection (1) may include provision to transfer a function |
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from a body or office being abolished to an eligible person not included in the |
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3 | Power to modify constitutional arrangements |
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(1) | A Minister may by order modify the constitutional arrangements of a body or |
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office specified in Schedule 3. |
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(2) | In this Act, references to the constitutional arrangements of a body include |
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(a) | the name of the body; |
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(b) | the chair of the body (including qualifications and procedures for |
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appointment and functions); |
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(c) | members of the body (including the number of members, qualifications |
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and procedures for appointment and functions); |
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(d) | employees of the body exercising functions on its behalf (including |
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qualifications and procedures for appointment and functions); |
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(e) | the body’s powers to employ staff; |
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(f) | governing procedures and arrangements (including the role and |
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membership of committees and sub-committees); |
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(g) | reports and accounts; |
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(h) | the extent to which the body is accountable to Ministers; |
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(i) | the extent to which the body exercises functions on behalf of the Crown. |
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(3) | In this Act, references to the constitutional arrangements of an office include |
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(a) | the name of the office; |
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(b) | appointment of the office-holder (including qualifications and |
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procedures for appointment); |
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(c) | the office-holder’s powers to employ staff; |
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(d) | reports and accounts; |
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(e) | the extent to which the office-holder is accountable to Ministers; |
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(f) | the extent to which the office-holder exercises functions on behalf of the |
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4 | Power to modify funding arrangements |
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(1) | A Minister may by order modify the funding arrangements of a body or office |
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(2) | In this Act, references to modifying the funding arrangements of a body or |
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(a) | modifying the extent to which it is funded by a Minister; |
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(b) | conferring power on the body, or the office-holder, to charge fees for |
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the exercise of a function (and to determine their amount). |
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5 | Power to modify or transfer functions |
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(1) | A Minister may by order— |
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(a) | modify the functions of a body, or the holder of an office, specified in |
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(b) | transfer a function of such a person to an eligible person. |
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(2) | In this Act, references to modifying the functions of a person include— |
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(a) | conferring a function on the person; |
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(b) | abolishing a function of the person; |
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(c) | changing the purpose or objective for which the person exercises a |
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(d) | changing the conditions under which the person exercises a function. |
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6 | Power to authorise delegation |
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(1) | A Minister may by order authorise a body, or the holder of an office, specified |
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in Schedule 6 to enter into arrangements with an eligible person for a function |
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exercised by the body or office-holder to be exercised by the eligible person. |
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(2) | Arrangements made under an order under subsection (1) may, subject to the |
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provisions of the order, provide for the exercise of the function by the eligible |
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(a) | unconditionally or subject to such conditions as may be specified in the |
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order or the arrangements; |
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(b) | for such period, not exceeding ten years, as may be so specified. |
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(3) | Arrangements made under an order under subsection (1)— |
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(a) | may be revoked at any time by the body or office-holder authorised to |
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(b) | do not prevent the body or office-holder from exercising the function to |
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which the arrangements relate; |
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(c) | do not affect the responsibility of the body or office-holder in relation |
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7 | Consequential provision etc |
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(1) | An order under sections 1 to 6 may make consequential, supplementary, |
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incidental or transitional provision, or savings. |
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(2) | Where an order under sections 1, 2 or 5(1)(b) transfers functions, the power in |
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subsection (1) includes power to make consequential or supplementary |
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(a) | to modify functions of the transferor or transferee; |
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(b) | to modify the constitutional or funding arrangements of the transferor |
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(3) | Where an order under section 5(1)(a) modifies functions of a body or office- |
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holder, the power in subsection (1) includes power to make consequential or |
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supplementary provision to modify the constitutional or funding |
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arrangements of the body or office. |
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(4) | Where an order under section 6 authorises arrangements for the exercise of |
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functions by an eligible person who exercises public functions, the power in |
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subsection (1) includes power to make consequential or supplementary |
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(a) | to modify the eligible person’s public functions, or |
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(b) | to modify the eligible person’s constitutional or funding arrangements. |
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General ministerial powers: supplementary |
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8 | Matters to be considered |
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(1) | In considering whether to make an order under sections 1 to 6, the Minister |
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must have regard to the following objectives— |
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(a) | achieving increased efficiency, effectiveness and economy in the |
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exercise of public functions; |
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(b) | securing appropriate accountability to Ministers in the exercise of such |
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(2) | A Minister may make an order under those sections only if the Minister |
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(a) | the order does not remove any necessary protection, and |
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(b) | the order does not prevent any person from continuing to exercise any |
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right or freedom which that person might reasonably expect to |
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(1) | An order under sections 1 to 6 requires the consent of the Scottish Ministers to |
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make provision which would be within the legislative competence of the |
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Scottish Parliament if it were contained in an Act of that Parliament. |
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(2) | An order under sections 1 to 6 requires the consent of the appropriate Northern |
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Ireland department to make provision which would be within the legislative |
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competence of the Northern Ireland Assembly if it were contained in an Act of |
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(3) | Consent is not required under subsection (2) in relation to any provision if a Bill |
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for an Act of the Northern Ireland Assembly containing the provision would |
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require the consent of the Secretary of State under section 8 of the Northern |
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(4) | An order under sections 1 to 6 requires the consent of the Welsh Ministers to |
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(a) | provision which would be within the legislative competence of the |
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National Assembly for Wales if it were contained in a Measure of the |
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Assembly (or, if the order is made after the Assembly Act provisions |
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come into force, an Act of the Assembly); |
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(b) | provision not falling within paragraph (a) which— |
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(i) | modifies a function of the Welsh Ministers, the First Minister for |
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Wales or the Counsel General to the Welsh Assembly |
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(ii) | could be made by any of those persons. |
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(5) | In subsection (4)(a), “the Assembly Act provisions” has the meaning given by |
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section 103(8) of the Government of Wales Act 2006. |
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(6) | In subsection (4)(b), references to a function do not include— |
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(a) | a function of giving consent to, or being consulted about, the exercise of |
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a function by a Minister, or |
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(b) | a function relating to the constitutional arrangements of a body or |
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An order under sections 1 to 6 may not be made unless a draft of the instrument |
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containing the order has been laid before, and approved by a resolution of, |
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each House of Parliament. |
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Addition to bodies and offices subject to general ministerial powers |
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11 | Power to amend Schedules 1 to 6 |
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(1) | A Minister may by order amend any of the principal Schedules by adding a |
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body or office specified in Schedule 7. |
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(2) | In this section, “the principal Schedules” are Schedules 1 to 6. |
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(3) | In the case of Schedule 2, the power in subsection (1) may be exercised— |
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(a) | by adding a body or office to an existing group in that Schedule, or |
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(b) | by adding two or more bodies or offices as a new group. |
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(4) | The power in subsection (1) may not result in a body or office being specified— |
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(a) | in Schedule 1 and another of the principal Schedules, or |
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(b) | in Schedule 2 and another of the principal Schedules. |
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(5) | Where an order under sections 3 to 6 is made in relation to a body or office |
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specified in any of the principal Schedules, the order may remove the body or |
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office from that Schedule. |
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(6) | An order under section 2 may add to Schedule 7— |
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(a) | a new body or office created under section 2(2)(a), or |
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(b) | the remaining body or office referred to in section 2(2)(b). |
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12 | Procedure for orders under section 11 |
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(1) | An order under section 11(1) may not be made unless a draft of the instrument |
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containing the order has been laid before, and approved by a resolution of, |
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each House of Parliament. |
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(2) | An order under section 11(1) may not be included in the same instrument as |
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any other order under this Act. |
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Powers of Welsh Ministers |
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13 | Powers relating to environmental bodies |
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(1) | The Welsh Ministers may by order modify— |
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(a) | the functions of the Countryside Council for Wales (“the CCW”), |
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(b) | the functions of the Environment Agency, so far as relating to Wales, or |
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(c) | the functions of the Forestry Commissioners, so far as so relating. |
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(2) | The Welsh Ministers may by order transfer any function of the CCW to— |
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(c) | the Environment Agency or the Forestry Commissioners, or |
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(d) | any other person exercising public functions in relation to Wales. |
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(3) | The Welsh Ministers may by order transfer any function of the Environment |
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Agency or the Forestry Commissioners, so far as relating to Wales, to— |
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(d) | any other person exercising public functions in relation to Wales. |
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(4) | The Welsh Ministers may by order transfer any function of theirs relating to the |
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(c) | the Environment Agency or the Forestry Commissioners. |
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(5) | The Welsh Ministers may by order transfer any Welsh devolved function |
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relating to the environment from the person whose function it is to— |
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(c) | the Environment Agency or the Forestry Commissioners. |
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(6) | The Welsh Ministers may by order establish a body corporate for the purposes |
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of this section; and in this section references to a “new body” are to any body |
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(7) | The Secretary of State’s consent is required for an order under this section |
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(a) | modifies the functions of the Environment Agency or Forestry |
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Commissioners, where the functions affected are not Welsh devolved |
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(b) | transfers a function to the Environment Agency or the Forestry |
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(c) | transfers a function from the Environment Agency or the Forestry |
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Commissioners, where the function is not a Welsh devolved function; |
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(d) | transfers a function to a person referred to in subsection (2)(d) or (3)(d), |
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where the functions exercised by the person before the making of the |
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order are not Welsh devolved functions. |
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(8) | In this section, “Welsh devolved function” means— |
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(a) | a function conferred under a Measure or Act of the National Assembly |
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(b) | a function which is exercisable in or as regards Wales and relates to |
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matters within the legislative competence of the National Assembly for |
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(c) | a function in relation to which— |
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(i) | a function is exercisable by the Welsh Ministers, the First |
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Minister or the Counsel General to the Welsh Assembly |
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(ii) | no function (other than a function of being consulted) is |
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exercisable by a Minister. |
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(9) | In considering whether to make an order under this section, the Welsh |
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Ministers must have regard to the following objectives— |
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(a) | achieving increased efficiency, effectiveness and economy in the |
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exercise of public functions; |
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(b) | securing appropriate accountability to Welsh Ministers in the exercise |
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(10) | The Welsh Ministers may make an order under this section only if they |
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(a) | the order does not remove any necessary protection, and |
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(b) | the order does not prevent any person from continuing to exercise any |
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right or freedom which that person might reasonably expect to |
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(11) | In this section, “Wales” has the same meaning as in the Government of Wales |
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14 | Powers relating to environmental bodies: consequential provision etc |
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(1) | An order under section 13 may contain consequential, supplementary, |
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incidental or transitional provision, or savings. |
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(2) | Where an order under that section transfers functions, the power in subsection |
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(1) includes power to make consequential or supplementary provision— |
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(a) | to modify the constitutional or funding arrangements of the transferor |
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or transferee (not including the Environment Agency or Forestry |
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(b) | to modify functions of the transferor or transferee; |
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(c) | to confer powers of direction on Welsh Ministers in relation to |
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(3) | The Secretary of State’s consent is required for an order under section 13 |
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making provision by virtue of subsection (1) which does not relate exclusively |
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to Welsh devolved functions (within the meaning of that section). |
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(4) | Where an order under section 13— |
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(a) | modifies functions of the Environment Agency or Forestry |
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(b) | transfers functions to or from the Environment Agency or Forestry |
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(5) | the Secretary of State may by order make consequential or supplementary |
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provision modifying its or their constitutional or funding arrangements. |
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(1) | A body specified in subsection (2) may make arrangements with a body |
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specified in subsection (3) for— |
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(a) | a function of one to be exercised by the other, |
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(b) | the provision of administrative, profession or technical services by one |
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(c) | co-operation in relation to the exercise of their respective functions. |
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