Citation, commencement and interpretation

1. —(1) This Order may be cited as the National Assembly for Wales (Transfer of Property etc.) Order 2000 and shall come into force on 31st March 2000.

(2) In this Order –

“the Assembly” means the National Assembly for Wales; and

“relevant section 41 arrangement” means an arrangement entered into by the Secretary of State for Wales and the Assembly under section 41 of the Government of Wales Act 1998 (agency arrangements and provision of services) in so far as that arrangement makes provision in relation to any of the functions of the Secretary of State for Wales to which article 2 of this Order applies.

Application of this Order

2. —(1) This Order applies to any function of the Secretary of State for Wales that is exercisable by him concurrently with the Assembly by virtue of:–

(a) articles 2(b) and (c) and 3 of, and Schedule 1 to, the National Assembly for Wales (Transfer of Functions) Order 1999( 2 ); or

(b) articles 2(2) and (3) and 8 of, and Schedule 1 to, the National Assembly for Wales (Transfer of Functions) Order 2000( 3 ).

(2) In the preceding paragraph, references to “any function of the Secretary of State for Wales” includes any function vested in the Secretary of State for Wales as a Minister of the Crown or as a Secretary of State as well as any function vested in him as the Secretary of State for Wales.

Transfer of property, rights, liabilities etc. from the Secretary of State to the Assembly

3. —(1) Subject to article 4 of this Order, there shall be transferred to and vest in the Assembly all property, rights and liabilities to which the Secretary of State for Wales is entitled or subject, at the coming into force of this Order, in connection with the exercise before that date of any of his functions to which article 2 of this Order applies.

(2) There may be continued by or in relation to the Assembly anything (including legal proceedings) which relates to any property, rights or liabilities transferred by paragraph (1), and which is in the process of being done by or in relation to the Secretary of State for Wales immediately before the coming into force of this Order.

(3) Anything which was done by the Secretary of State for Wales for the purpose of or in connection with any property, rights or liabilities transferred by paragraph (1), and which is in effect immediately before the coming into force of this Order shall have effect as if done by the Assembly.

(4) The Assembly shall be substituted for the Secretary of State for Wales in any instruments, contracts or legal proceedings which relate to any property, rights or liabilities transferred by paragraph (1), and which are made or commenced before the coming into force of this Order.

Excepted Property

4. Article 3 shall not apply to –

(a) any documentary or electronic records; or

(b) any rights and liabilities of the Secretary of State for Wales that he has as principal in relation to the Assembly as his agent under a relevant section 41 arrangement.