| |
SCHEDULE 1Article 2
Enactments Conferring Functions Transferred by Article 2
Public General Acts
School Sites Act 1841 (c.38)
Inclosure Act 1845 (c.118) except section 12.
Inclosure Act 1846 (c.70)
Inclosure Act 1847 (c.111)
Inclosure Act 1848 (c.99)
Inclosure Act 1849 (c.83)
Inclosure Act 1852 (c.79)
Burial Act 1853 (c.134)
Inclosure Act 1854 (c.97)
Literary and Scientific Institutions Act 1854 (c.112) section 6.
Burial Act 1855 (c.128)
Inclosure Act 1857 (c.31)
Burial Act 1857 (c.81) except section 25.
Burial Act 1859 (c.1)
Inclosure Act 1859 (c.43)
Improvement of Land Act 1864 (c.114) in respect of the functions transferred to the Secretary of State by the 1978 transfer order.
Inclosure, &c. Expenses Act 1868 (c.89) except so far as it applies in relation to any other of the Tithe Acts 1836 to 1951.
Limited Owners Residences Act 1870 (c.56)
Public Health Act 1875 (c.55) except section 327.
Commons Act 1876 (c.56)
Commons (Expenses) Act 1878 (c.56)
Commonable Rights Compensation Act 1882 (c.15)
Places of Worship Sites Amendment Act 1882 (c.21)
Corn Returns Act 1882 (c.37) in respect of the functions exercisable by the Secretary of State by the 1978 transfer order and in respect of the functions exercisable by the Secretary of State under section 5 as substituted by the Deregulation (Corn Returns Act 1882) Order 1996 (S.I. 1996/848).
Local Government Act 1888 (c.41)
Local Government Act 1894 (c.73)
District Councils (Water Supply Facilities) Act 1897 (c.44)
Commons Act 1899 (c.30)
Improvement of Land Act 1899 (c.46)
Open Spaces Act 1906 (c.25)
Public Health Acts Amendment Act 1907 (c.53) except sections 12 and 94(4).
Finance Act 1908 (c.16)
Small Holdings and Allotments Act 1908 (c.36)
Commons Act 1908 (c.44)
Welsh Church Act 1914 (c.91) sections 19 and 24.
Local Government (Emergency Provisions) Act 1916 (c.12)
Ministry of Health Act 1919 (c.21) section 2, in respect of which it is directed that the function therein shall be exercisable by the Assembly concurrently with any Minister of the Crown by whom it is exercisable.
Ministry of Transport Act 1919 (c.50) No functions under this Act are transferred but it is directed that the functions under sections 17 and 20 shall be exercisable by the Assembly concurrently with the Secretary of State. The function under section 17 shall be exercisable by the Assembly free from the requirement for Treasury approval.
Land Settlement (Facilities) Act 1919 (c.59) except the function of the "Local Government Board" under paragraph 10 of the First Schedule.
Ferries (Acquisition by Local Authorities) Act 1919 (c.75) except section 3.
Corn Sales Act 1921 (c.35)
Allotments Act 1922 (c.51) except section 1(4).
Agricultural Credits Act 1923 (c.34)
Law of Property Act 1925 (c.20) sections 193 and 194.
Allotments Act 1925 (c.61)
Public Health Act 1925 (c.71) section 6.
Small Holdings and Allotments Act 1926 (c.52)
Landlord and Tenant Act 1927 (c.36) section 20.
Local Government Act 1929 (c.17)
Agricultural Land (Utilisation) Act 1931 (c.41)
Destructive Imported Animals Act 1932 (c.12) except that the functions under sections 1, 2 and 10, so far as they relate to the importation of the types of animals to which this Act relates, are transferred to the Assembly so far as they have been transferred to the Secretary of State by the 1969 transfer order.
Children and Young Persons Act 1933 (c.12) except sections 53, 58, 79 to 81 and the Fourth Schedule.
Public Health Act 1936 (c.49) except the Treasury function under section 341(3).
Diseases of Fish Act 1937 (c.33) It is directed that the functions under this Act shall be exercisable by the Assembly concurrently with any Minister of the Crown by whom they are exercisable. The functions under this Act shall be exercisable by the Assembly free from the requirements for Treasury consent.
Public Health (Drainage of Trade Premises) Act 1937 (c.40)
Physical Training and Recreation Act 1937 (c.46)
Statutory Orders (Special Procedure) Act 1945 (c.18) section 7(3).
Welsh Church (Burial Grounds) Act 1945 (c.27)
Requisitioned Land and War Works Act 1945 (c.43) section 52.
Agriculture (Artificial Insemination) Act 1946 (c.29) in respect of the functions transferred to the Secretary of State by the 1978 transfer order.
The Assembly may only incur expenses under section 1 to such amount as may be sanctioned by the Treasury.
Hill Farming Act 1946 (c.73) except section 32(4).
In section 32(2), the functions of "the appropriate Minister" in relation to the Advisory Committee for England, Wales and Northern Ireland are transferred to the Assembly so far as they have been transferred to the Secretary of State by the 1969 transfer order.
Section 35 shall have effect as if the expression "the Ministers or either of them" included reference to the Assembly.
Section 32(4) shall be amended by omitting the words "by him".
Polish Resettlement Act 1947 (c.19) sections 4 and 6.
Industrial Organisation and Development Act 1947 (c.40) The functions of "the Minister of Agriculture, Fisheries and Food" except that Minister's functions under -
(a) section 7(4) so far as it relates to a development council exercising functions in relation to England and Wales or in relation to Great Britain; and
(b) The Apple and Pear Research Council Order 1989 (S.I. 1989/2277).
It is directed that the function of the "Board of Trade" under section 11 shall be exercisable by the Assembly concurrently with the Board of Trade. The function under section 11 shall be exercisable by the Assembly free from the requirement for Treasury approval.
The functions of the Comptroller and Auditor General in section 9(4) are, in relation to financial years beginning in and after 1999, transferred to the Auditor General for Wales in respect of an account of sums recovered under an order made by the Assembly alone under section 9 and of the disposal of those sums by the Assembly, and in relation thereto section 9(4) shall have effect so that for the requirement to lay before Parliament the documents referred to therein, there shall be substituted a requirement for the Auditor General for Wales to lay those documents before the Assembly.
Fire Services Act 1947 (c.41) section 3(5).
Agriculture Act 1947 (c.48) except section 105.
The function under section 75 is transferred only so far as it relates to a reference to an Agricultural Land Tribunal under section 86.
It is directed that the functions under section 83 shall be exercisable by the Assembly concurrently with any Minister of the Crown by whom they are exercisable.
The functions under section 88 are transferred only to the extent that they are functions of "the Minister".
Section 92 shall have effect as if the reference to "the Minister" included a reference to the Assembly.
National Assistance Act 1948 (c.29)
Agricultural Wages Act 1948 (c.47) except -
(a) the requirement under section 13 for "the Minister" to submit an annual report to Parliament of his proceedings under this Act; and
(b) the functions of the Secretary of State under section 15A.
The functions of "the Minister" under sections 13 (as it applies in relation to the Agricultural Wages Board), 16 and Schedule 1 are transferred to the Assembly so far as they have been transferred to the Secretary of State under the 1978 transfer order.
The reference to the Minister of Agriculture, Fisheries and Food in section 3A(4) shall be construed as including a reference to the Assembly.
Prevention of Damage by Pests Act 1949 (c.55) All functions are transferred, save that to the extent that this Act provides for the carrying out of research (as referred to in section 27(1)(c) and in article 8(b) of the 1978 transfer order) by either the Minister of Agriculture, Fisheries and Food or the Secretary of State, it is directed that that function shall be exercisable by the Assembly concurrently with those Ministers of the Crown.
Docking and Nicking of Horses Act 1949 (c.70)
Coast Protection Act 1949 (c.74) except -
(a) any function conferred on a Minister of the Crown other than "the Minister" by sections 2, 5(4), 8(4), 46 and Schedules 1 and 2;
(b) any function conferred on a Minister of the Crown other than "the Minister" or "the Minister of Agriculture, Fisheries and Food" by section 17;
(c) section 18(2) and Part II; and
(d) the Treasury function under section 32(5).
National Parks and Access to the Countryside Act 1949 (c.97) except -
(a) sections 9(2), 65(3), 72, 78(1) and paragraph 4 of the First Schedule;
(b) so far as they relate to a route of which a part but not the whole is in Wales, the functions under sections 51 to 55 which were transferred to the "Minister of Land and Natural Resources" by article 6 of the 1965 transfer order;
(c) the regulation-making function under section 63(1); and
(d) the Treasury function under section 101(11).
Allotments Act 1950 (c.31)
Sea Fish Industry Act 1951 (c.30) in respect of the functions transferred to the Secretary of State by the 1978 transfer order.
Cremation Act 1952 (c.31)
Town Development Act 1952 (c.54)
Local Government (Miscellaneous Provisions) Act 1953 (c.26) except section 8(3).
Dogs (Protection of Livestock) Act 1953 (c.28)
Post Office Act 1953 (c.36) section 51.
Historic Buildings and Ancient Monuments Act 1953 (c.49)
Agriculture (Miscellaneous Provisions) Act 1954 (c.39)
Protection of Animals (Anaesthetics) Act 1954 (c.46)
Landlord and Tenant Act 1954 (c.56) except that in relation to sections 57(1) to (6) and 58 it is directed that the certification function shall be exercisable by the Assembly concurrently with any Minister of the Crown by whom it is exercisable.
Pests Act 1954 (c.68)
Fisheries Act 1955 (c.7)
Parish Councils Act 1957 (c.42)
Agriculture Act 1957 (c.57) except section 32.
The functions of "the Ministers" under section 6 are transferred so far as they have been transferred to the Secretary of State for Wales by the 1978 transfer order.
Disabled Persons (Employment) Act 1958 (c.33)
Agricultural Marketing Act 1958 (c.47) in respect of functions vested in the Secretary of State for Wales by the 1969 transfer order and the 1978 transfer order.
Article 2(c) of this Order shall not have effect in relation to functions under this Act.
The Treasury consultation requirement under section 28 shall continue in effect.
Opencast Coal Act 1958 (c.69) except the functions of the Treasury under sections 35(8) and 44(4).
The function of "the appropriate Minister" under section 39(6) is only transferred so far as it relates to -
(a) internal drainage boards; and
(b) water and sewerage undertakers and the Environment Agency (which are treated as statutory undertakers for these purposes by virtue of paragraph 1(1) and (2)(viii) of Schedule 25 to the Water Act 1989 (c.15) (as amended by the Environment Act 1995 (Consequential Amendments) Regulations 1996 (S.I. 1996/593)).
Town and Country Planning Act 1959 (c.53) in respect of the functions transferred to the Secretary of State by the 1965 transfer order.
Weeds Act 1959 (c.54)
Mental Health Act 1959 (c.72)
Road Traffic Act 1960 (c.16) No functions under this Act are transferred but it is directed that the functions under sections 248 and 249 shall be exercisable by the Assembly concurrently with any Minister of the Crown by whom they are exercisable.
Caravan Sites and Control of Development Act 1960 (c.62) except the Treasury function under paragraph 6 of the Second Schedule.
Public Bodies (Admission to Meetings) Act 1960 (c.67)
Land Compensation Act 1961 (c.33)
Public Health Act 1961 (c.64) except functions of a Minister of the Crown exercisable as "appropriate authority" under section 45 and Schedule 4 in respect of buildings of the following descriptions in the Table in Schedule 4 -
(a) a building owned by railway, canal, dock, harbour or inland navigation undertakers;
(b) a building owned by electricity or gas undertakers;
(c) a building forming part of an aerodrome;
(d) a building owned by the Post Office;
(e) a building owned by British Telecommunications.
Local Government (Records) Act 1962 (c.56)
Pipe-Lines Act 1962 (c.58) section 15.
Towyn Trewan Common Act 1963 (c.4) except section 5.
Local Authorities (Land) Act 1963 (c.29)
Public Lavatories (Turnstiles) Act 1963 (c.32)
Children and Young Persons Act 1963 (c.37)
Local Government (Financial Provisions) Act 1963 (c.46)
Plant Varieties and Seeds Act 1964 (c.14) in respect of the functions transferred to the Secretary of State by the 1978 transfer order.
Licensing Act 1964 (c.26) sections 108 to 110, 115, 116, 118 to 121 and Schedules 10 and 11.
Agriculture and Horticulture Act 1964 (c.28) except the function of any Minister of the Crown other than the Secretary of State for Wales.
Harbours Act 1964 (c.40) sections 15, 15A, 16, 30, 31, 60 and Schedule 3 so far as they relate to fishery harbours.
It is directed that the functions under section 14 shall be exercisable by the Assembly concurrently with any Minister of the Crown by whom they are exercisable.
Public Libraries and Museums Act 1964 (c.75)
Science and Technology Act 1965 (c.4) No functions under this Act are transferred but it is directed that the functions of a Minister of the Crown under section 5, except so far as relating to Research Councils, shall be exercisable by the Assembly concurrently with the Secretary of State. The functions under section 5 shall be exercisable by the Assembly free from the requirement for Treasury consent.
Cereals Marketing Act 1965 (c.14) section 16, and Schedules 1 and 3. The remaining functions under this Act are transferred to the extent that they have been transferred to the Secretary of State for Wales by the 1969 transfer order and the 1978 transfer order.
The Treasury approval requirements under sections 1(6), 21(2) and paragraph 10(2) of Schedule 1 shall continue in effect.
Finance Act 1965 (c.25) section 92.
Commons Registration Act 1965 (c.64)
Mines (Working Facilities and Support) Act 1966 (c.4) section 7(8).
Sea Fisheries Regulation Act 1966 (c.38) in respect of the functions transferred to the Secretary of State by the 1978 transfer order.
Local Government Act 1966 (c.42) except the functions of "The Treasury" under Part II of Schedule 3.
Education Act 1967 (c.3)
Plant Health Act 1967 (c.8) The Treasury consent requirements under sections 4 and 4A shall continue in effect.
Forestry Act 1967 (c.10) except -
(a) section 33(5);
(b) section 38(4) so far as it relates to the Home Grown Timber Advisory Committee;
(c) section 41(4A) and (6);
(d) the Treasury function under section 42(3)(b);
(e) sections 44 and 45 and paragraphs 2(2), 6(1) and 12 of Schedule 1.
The functions under paragraphs 6(2), 9(1) and 10(1) of Schedule 1 are transferred so far as they are exercisable by the Secretary of State.
The function under paragraph 7(2) of Schedule 1 is transferred only so far as it relates to a committee for Wales appointed under section 2(3).
The requirement for the approval of "the Treasury" under paragraphs 6(2), 9(1) and 10(1) of Schedule 1 shall continue in effect.
Agriculture Act 1967 (c.22) section 65. Except so far as this entry provides otherwise, the remaining functions under this Act are transferred to the extent that they have been transferred to the Secretary of State by the 1969 transfer order and the 1978 transfer order.
The requirement for consultation with the "Secretary of State for Trade" under section 9(11) and the Treasury approval requirements under sections 15(1), 19, 53 and Part II of Schedule 5 shall continue in effect.
It is directed that the notification functions of "the appropriate Minister" under section 54(3) and of "the Ministers" under sections 20(2) and 60(3) shall be exercisable by the Assembly concurrently with any Minister of the Crown by whom they are exercisable.
Section 19(1) and (4) shall have effect so that in addition to the requirement to lay before each House of Parliament the documents referred to therein, there shall be a requirement for those documents to be laid before the Assembly.
Slaughter of Poultry Act 1967 (c.24) It is directed that the function under section 4 shall be exercisable by the Assembly concurrently with the Minister of Agriculture, Fisheries and Food.
Civic Amenities Act 1967 (c.69)
Sea Fisheries (Shellfish) Act 1967 (c.83)
Sea Fish (Conservation) Act 1967 (c.84) except the functions of the "Board of Trade" under section 8.
It is directed that the functions under sections 4, 4A and 15(3) shall be exercisable by the Assembly concurrently with any Minister of the Crown by whom they are exercisable. The functions under sections 4 and 4A shall be exercisable by the Assembly free from the requirement for Treasury consent.
Abortion Act 1967 (c.87)
Leasehold Reform Act 1967 (c.88)
Trade Descriptions Act 1968 (c.29) in respect of the function of the Minister of Agriculture, Fisheries and Food under section 38(2).
Agriculture (Miscellaneous Provisions) Act 1968 (c.34) Part I and section 46.
Countryside Act 1968 (c.41) except the Treasury function under section 47(4).
Health Services and Public Health Act 1968 (c.46)
Caravan Sites Act 1968 (c.52)
Medicines Act 1968 (c.67) section 108. In subsection (1) of section 132, the definition of "enforcement authority" shall have effect as if the reference to the Minister included a reference to the Assembly.
Sea Fisheries Act 1968 (c.77) It is directed that the functions under section 5 (so far as they relate to the identification and marking of fishing boats) and the functions of "the appropriate Minister" under section 7 shall be exercisable by the Assembly concurrently with any Minister of the Crown by whom they are exercisable.
Transport Act 1968 (c.78) section 56.
It is directed that the functions of "the Minister" under section 57 shall be exercisable by the Assembly concurrently with that Minister. The functions under section 57 shall be exercisable by the Assembly free from the requirement for Treasury approval.
Local Government Grants (Social Need) Act 1969 (c.2) It is directed that the functions under this Act shall be exercisable by the Assembly concurrently with the Secretary of State. The functions under this Act shall be exercisable by the Assembly free from the requirement for Treasury consent.
Mines and Quarries (Tips) Act 1969 (c.10) except Part I.
Development of Tourism Act 1969 (c.51) in respect of all functions vested in the Secretary of State for Wales by virtue of section 1(3) and (6).
The Treasury approval requirements under sections 2(8), 4(1) and (4) and 14(3) shall cease to have effect so far as exercisable in relation to the Wales Tourist Board.
The Treasury approval requirements under section 6(1) and (2) shall continue in effect.
The function of "the Minister for the Civil Service" under paragraph 17 of Schedule 1, so far as it relates to paragraphs 7 and 11 of that Schedule, shall continue in effect so far as it relates to pensions.
The functions of the Comptroller and Auditor General in section 6(3) and (4) are, in relation to statements of account prepared by the Wales Tourist Board for financial years beginning in and after 1999, transferred to the Auditor General for Wales and in relation thereto section 6(4) shall have effect so that for the requirement to lay before Parliament the documents referred to therein, there shall be substituted a requirement for the Auditor General for Wales to lay those documents before the Assembly.
Section 17(4) (including that provision as applied by section 18(2)) shall have effect so that reference to the Assembly shall be substituted for the reference to the Secretary of State for Wales.
Children and Young Persons Act 1969 (c.54) except sections 7, 19, 23(12), 30, 46, 65 and Schedule 3.
Sea Fish Industry Act 1970 (c.11)
Parish Councils and Burial Authorities (Miscellaneous Provisions) Act 1970 (c.29)
Conservation of Seals Act 1970 (c.30) except section 1(2).
Local Authorities (Goods and Services) Act 1970 (c.39)
Agriculture Act 1970 (c.40) except section 53. The Treasury approval requirement under section 78(10) shall continue in effect.
Local Authority Social Services Act 1970 (c.42)
Chronically Sick and Disabled Persons Act 1970 (c.44) except sections 9, 13(2) and 28.
Radiological Protection Act 1970 (c.46) in respect of the functions of "the Health Ministers" exercisable by the Secretary of State for Wales.
It is directed that the function under paragraph 13(5) of Schedule 1 shall be exercisable by the Assembly concurrently with the Secretary of State.
The Treasury approval requirements under section 3 shall continue in effect.
Misuse of Drugs Act 1971 (c.38) section 1.
Defective Premises Act 1972 (c.35)
| |