The National Assembly for Wales (Transfer of Functions) Order 2005

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"the Act" means the Pollution Prevention and Control Act 1999[2];

"the Assembly" means the National Assembly for Wales;

"offshore" means in the territorial sea adjacent to Wales, but excluding relevant territorial waters;

"relevant territorial waters" has the meaning given by section 104(1)(a) of the Water Resources Act 1991[3].

Statement Pursuant to section 5 of the Act
     2. This Order makes no provision which is not—

(a) provision about functions under the Act; or

(b) provision in connection with such provision.

Transfer of Functions
     3. —

    (1)[a] Subject to paragraph (2) below, the functions of the Secretary of State under or in relation to section 2 of the Act, so far as exercisable in relation to Wales, are transferred to the Assembly, except in relation to offshore oil and gas exploration and exploitation.

    (2)[a] It is directed that, in so far as any of the functions under paragraph (1) are exercisable by the Secretary of State in relation to a cross-border body but which, by their nature, are not functions which can be specifically exercised in relation to Wales, such functions shall be exercisable by the Assembly in relation to that body concurrently with the Secretary of State.

    (3)[a] For the purposes of paragraph (1) above, functions of the Secretary of State under section 2 of the Act include any functions of the Secretary of State which are included in regulations having effect under section 2 of the Act[4], and the power to confer functions on the Secretary of State or on a Minister of the Crown by any such regulations shall have effect as a power to confer such functions on the Assembly.

Transfer of Property
     4. The provisions of section 23(1) of the Government of Wales Act 1998 shall not apply to any documentary or electronic records.


A K Galloway
Clerk of the Privy Council

[2] 1999 c. 24.back

[3] 1991 c. 57.back

[4] Pollution Prevention and Control (England and Wales) Regulations 2000 (S.I. 2000/1973).back