Statutory Instruments
2008 No. 1786
Constitutional Law
Devolution, Wales
The Welsh Ministers (Transfer of Functions) Order 2008
Made
9th July 2008
Coming into force
10th July 2008
At the Court at Buckingham Palace, the 9th day of July 2008
Present,
The Queen’s Most Excellent Majesty in Council
This Order is made by Her Majesty in Council in exercise of the powers conferred upon Her by section 58 of, and paragraph 2 of Schedule 4 to, the Government of Wales Act 2006( 1 ).
In accordance with section 58(4) of that Act a draft of this Order was—
(a) laid before, and approved by resolution of, each House of Parliament; and
(b) approved by the Welsh Ministers.
Accordingly, Her Majesty, by and with the advice of Her Privy Council, makes the following Order:
Citation and commencement
1. —(1) This Order may be cited as the Welsh Ministers (Transfer of Functions) Order 2008.
(2) This Order shall come into force on the day after the day on which it is made.
Transfer of Functions
2. The following functions are, so far as exercisable in relation to Wales, transferred to the Welsh Ministers—
(a) functions under section 86 of the Mental Health Act 1983( 2 ), except in relation to a patient who is subject to one or more of the following, namely—
(i) a restriction order made under section 41 of that Act;
(ii) a hospital direction made under section 45A(3)(a) of that Act;
(iii) a limitation direction made under section 45A(3)(b) of that Act; or
(iv) a restriction direction made under section 49 of that Act;
(b) functions under section 259 of, and Schedule 21 to, the National Health Service Act 2006( 3 ).
Transfer of property, rights and liabilities - exception
3. The provisions of paragraph 1(1) of Schedule 4 to the Government of Wales Act 2006 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.
Judith Simpson
Clerk of the Privy Council
1983 c.20 . The functions of the Secretary of State under the Mental Health Act 1983 were, in so far as they are exercisable in relation to Wales, transferred to the National Assembly for Wales constituted under the Government of Wales Act 1998 (c.38) by the National Assembly for Wales (Transfer of Functions) Order 1999 ( S.I. 1999/672 ). Sections 41, 42, 45A(10) and (11), 45B to 51, 53, 71, 73 to 75, 80A, 81A, 82A, 83A, 84, 85A, 86, and Schedule 2, in relation to patients who are subject to Part 3 of that Act were transferred back to the Secretary of State by article 4 of and Schedule 3 to the National Assembly for Wales (Transfer of Functions) Order 2000 ( S.I. 2000/253 ). Functions of that Assembly have been transferred to the Welsh Ministers under paragraph 30 of Schedule 11 to the Government of Wales Act 2006 (c.32) .