Statutory Instruments

2006 No. 3334

CONSTITUTIONAL LAW

devolution, wales

The National Assembly for Wales (Transfer of Functions) (No.2) Order 2006

Made

14th December 2006

Coming into force

15th December 2006

At the Court at Buckingham Palace, the 14 ^th day of December 2006

Present,

The Queen’s Most Excellent Majesty in Council

The draft of this Order having been laid before, and approved by resolution of, each House of Parliament and the National Assembly for Wales:

Her Majesty, in exercise of the power conferred on Her by sections 22 and 24(1) of, and paragraphs 1 and 3 of Schedule 3 to, the Government of Wales Act 1998 ( 1 ), is pleased, by and with the advice of Her Privy Council, to order, as follows—

Citation, commencement and interpretation

1. —(1) This Order may be cited as the National Assembly for Wales (Transfer of Functions) (No. 2) Order 2006.

(2) This Order shall come into force on the day after it is made.

(3) In this Order—

“the 1999 transfer order” means the National Assembly for Wales (Transfer of Functions) Order 1999 ( 2 );

“the 1920 Act” means the Census Act 1920 ( 3 ); and

“the Assembly” means the National Assembly for Wales.

Variation of the 1999 transfer order

2. The Schedule has effect.

Transfer of Functions

3. The functions of the Chancellor of the Exchequer under section 3 of the 1920 Act are, so far as exercisable in relation to Wales, transferred to the Assembly.

Minister of the Crown function exercisable after Assembly consultation

4. It is directed that no recommendation by a Minister of the Crown shall be made to Her Majesty in Council to make an Order in Council under section 1 of the 1920 Act directing that a census be taken for Wales, or any part of Wales, (whether or not it is also recommended that a census be taken for any other part of Great Britain) unless the Assembly has been consulted about the making of that recommendation.

Transfer of property

5. The provisions of section 23(1) of the Government of Wales Act 1998 do not apply to any documentary or electronic records to which a Minister of the Crown is entitled, at the coming into force of this Order, in connection with any function exercisable by the Minister which is transferred by this Order.

Meriel McCullagh

Deputy Clerk of the Privy Council

Article 2

SCHEDULE VARIATION OF THE 1999 TRANSFER ORDER

In Schedule 1 to the 1999 transfer order—

(a) in the entry relating to the Environmental Protection Act 1990 (c.43) , in sub-paragraph (b), after “,156” insert “(other than as it applies to Part 2 of the Act)” , and

(b) in the second paragraph of the entry for the Water Industry Act 1991 (c.56) ( 4 )—

(i) after “39,”, insert “47(2)(g),”,

(ii) after “51A,”, insert “53(2)(c), 55(4),”, and

(iii) after “65,”, insert “66A (6),”.

( 1 )

1998 c.38 .

( 2 )

S.I. 1999/672 , to which a relevant amendment has been made by S.I. 2000/253 .

( 3 )

1920 c. 41 , to which relevant amendments were made by S.I. 1996/273 and the Statute Law (Repeals) Act 1993 (c.50) .

( 4 )

The entry was substituted by S.I.2000/253 and amended by the Water Act 2003 (c.37) , section 100(2)(b)(iii) and (x).

in force	Provision is in force
in force*	In force only for specified purposes (see footnote)
not in force	Not in force in England (may be in force in other geographies, see footnotes)
defined term	Defined term
_dfn	Defined term (alternative style)

footnote	commentary	transitional and savings	in force status	related provisions	geo extent	insert/omit	source count	in force adj

Defined Term	Section/Article	ID
the 1920 Act	art. 1.	def_c7a4359a50
the 1999 transfer order	art. 1.	def_8c66f86bb8
the Assembly	art. 1.	def_8680d45ca0