The Welsh Ministers (Transfer of Functions) Order 2018

Made: 23rd May 2018

Coming into force in accordance with article 1

At the Court at Buckingham Palace, the 23rd day of May 2018

Present,

The Queen's Most Excellent Majesty in Council

A draft of this Order has been laid before, and approved by a resolution of, each House of Parliament in accordance with section 58(4)(a) of the Government of Wales Act 2006 and has been approved by the Welsh Ministers in accordance with section 58(4)(b) of that Act.

Her Majesty, in exercise of the powers conferred by sections 58(1) and (3) and 157(2) of, and paragraph 2(1) of Schedule 4 to, that Act , is pleased, by and with the advice of Her Privy Council, to order as follows:

Citation, commencement, interpretation and general provision

1

• (1) This Order may be cited as the Welsh Ministers (Transfer of Functions) Order 2018 and save as is provided in paragraph (2) comes into force on the day after the date on which it is made.

• (2) Article 39 (which transfers functions in relation to the Education Act 2002 ) comes into force on 30th September 2018.

• (3) In this Order—

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

• “cross-border harbour” has the meaning given to that expression in section 34 of the Wales Act 2017 ;

• “reserved trust port” has the meaning given to that expression in section 32 of the Wales Act 2017.

• (4) In this Order, an expression used in relation to an enactment has the same meaning as in the enactment to which the expression relates.

• (5) Any reference in this Order to a function of a Minister of the Crown under an enactment includes a reference to any functions of that Minister which are included in any scheme, regulations, rules, order, bye-laws or other instrument having effect under or in relation to that enactment, and the power to confer functions on that Minister by any such scheme, regulations, rules, order, bye-laws or other instrument has effect as a power to confer such functions on the Welsh Ministers.

• (6) Paragraph 1(1) (transfer of property, rights and liabilities connected with transferred functions) of Schedule 4 to the Government of Wales Act 2006 does not apply to any documentary or electronic records to which a Minister of the Crown is entitled at the coming into force of any provision in this Order in connection with any function exercisable by the Minister which is transferred by this Order.

Agriculture (Artificial Insemination) Act 1946

2

• (1) The functions of the Minister under section 1 (power in connection with research as to the artificial insemination of livestock) of the Agriculture (Artificial Insemination) Act 1946 (“the 1946 Act”), currently exercisable by the Welsh Ministers and the Secretary of State jointly are, so far as they are exercisable in relation to Wales, transferred to the Welsh Ministers (who may accordingly exercise those functions in relation to Wales acting alone).

• (2) The 1946 Act applies in relation to the exercise of the functions under section 1(1) by the Welsh Ministers as if section 1(2) were omitted.

Industrial Organisation and Development Act 1947

3

• (1) Subject to paragraph (3), the functions of a Minister of the Crown under the Industrial Organisation and Development Act 1947 (“the 1947 Act”), so far as they are exercisable in relation to Wales and have not already been transferred by the 1999 Order, are transferred to the Welsh Ministers.

• (2) Accordingly—

• (a) section 9(4) of the 1947 Act applies in relation to the exercise of functions under that subsection by the Welsh Ministers as if for “as the Treasury may direct” there were substituted “ as the Welsh Ministers consider appropriate ”; and

• (b) the Welsh Ministers may exercise the functions of the Board of Trade under section 11 of the 1947 Act in relation to Wales acting alone and without the need for Treasury approval.

• (3) The function under section 7(4) (reports, and accounts, of development councils) of the 1947 Act is not transferred so far as it relates to a development council exercising functions in relation to England and Wales or in relation to Great Britain.

Agriculture Act 1947

4

The functions of the Lord Chancellor under section 73(3) (power to set procedure for the Agricultural Land Tribunal for Wales (or Tribiwnlys Tir Amaethyddol Cymru)) of the Agriculture Act 1947 are transferred to the Welsh Ministers.

Coast Protection Act 1949

5

• (1) Except as set out in paragraph (3), the functions of a Minister of the Crown under section 17 (notification to coast protection authority of coast protection work to be carried out by certain authorities) of the Coast Protection Act 1949 so far as they are exercisable in relation to Wales and so far as not already transferred under the 1999 Order are transferred to the Welsh Ministers.

• (2) Accordingly, all references in that section to a Minister concerned, or to the appropriate Minister (however expressed) are to be construed as a reference to the Welsh Ministers in relation to the exercise of functions transferred by paragraph (1).

• (3) Paragraph (1) does not operate to transfer any function to the extent that it is exercisable in relation to a cross-border harbour or a reserve trust port.

National Parks and Access to the Countryside Act 1949

6

The functions of the Minister under the following provisions of the National Parks and Access to the Countryside Act 1949 , so far as they are exercisable in relation to Wales, are transferred to the Welsh Ministers—

• (a) section 65(3) (access orders);

• (b) section 72 (claims for compensation and interest);

• (c) section 78(1) (maps of land subject to public access); and

• (d) paragraph 4 of Schedule 1 (provisions as to the making, confirmation, coming into operation and validity of certain instruments).

Agricultural Marketing Act 1958

7

• (1) Except as set out in paragraph (2), it is directed that the functions of a Minister of the Crown under section 22 (Agricultural Marketing Funds) of the Agricultural Marketing Act 1958 (“the 1958 Act”), so far as they are exercisable in relation to a scheme applicable in Wales (whether or not any such scheme is also applicable in England or Scotland), are to be exercisable by the Minister of the Crown only with the agreement of the Welsh Ministers.

• (2) Paragraph (1) does not apply to any function of the Treasury under section 22 of the 1958 Act.

Plant Varieties and Seeds Act 1964

8

• (1) The functions of a Minister of the Crown under the Plant Varieties and Seeds Act 1964 (“the 1964 Act”), so far as they are exercisable in relation to Wales and so far as not already transferred by the 1999 Order, are transferred to the Welsh Ministers.

• (2) The requirement under section 24(4) (official testing stations and certificates of test) of the 1964 Act to obtain Treasury approval for the authorisation of the charging of fees under that section ceases to apply in relation to fees charged in Wales under an authorisation of the Welsh Ministers.

Plant Health Act 1967

9

• (1) The Treasury consent requirements under sections 4(1) (execution of Act by Government Departments) and 4A (charges in connection with import and export licences and certificates) of the Plant Health Act 1967 (“the 1967 Act”) cease to apply in so far as the functions under those sections are exercised by the Welsh Ministers.

• (2) Section 4(3) of the 1967 Act applies in so far as the functions under section 4 are exercised by the Welsh Ministers as if the words from “, but shall not” to the end were omitted.

Agriculture Act 1967

10

The Treasury approval requirements under section 53(2) and (3) (Boards' annual report and accounts) of the Agriculture Act 1967 cease to apply in so far as the functions under that provision are exercised by the Welsh Ministers.

Conservation of Seals Act 1970

11

The functions of the Secretary of State under section 1(2) (prohibited methods of killing seals) of the Conservation of Seals Act 1970 , so far as they are exercisable in relation to Wales, are transferred to the Welsh Ministers.

Agriculture Act 1970

12

The Treasury approval requirement under section 78(10) (further analysis by Government Chemist) of the Agriculture Act 1970 ceases to apply in so far as the function under that provision is exercised by the Welsh Ministers.

Chronically Sick and Disabled Persons Act 1970

13

• (1) Section 21 (badges for display on motor vehicles used by disabled people) of the Chronically Sick and Disabled Persons Act 1970 is amended in accordance with paragraphs (2) and (3).

• (2) In subsection (1A)—

• (a) in paragraph (a) omit “and Wales”;

• (b) after paragraph (a) insert—

(aa) of a form specified or approved by the Welsh Ministers, in the case of a badge issued by a local authority in Wales;

• (3) In subsection (8C), for “(1A)(b)” substitute “ (1A)(aa) or (b) ”.

Local Government Act 1972

14

It is directed that section 244 (saving of transfer of certain powers under local Acts from Treasury to the Secretary of State) of the Local Government Act 1972 applies as if subsection (2) were omitted in relation to the exercise of functions under subsection (1) by the Welsh Ministers.

Salmon and Freshwater Fisheries Act 1975

15

• (1) The functions of “the Minister” under section 37A (fixed penalty notices for certain offences) of the Salmon and Freshwater Fisheries Act 1975 (“the 1975 Act”), so far as they are exercisable in relation to Wales, are transferred to the Welsh Ministers.

• (2) The functions of the Secretary of State under section 38 (works below high water mark) of the 1975 Act, so far as they are exercisable in relation to Wales or the Welsh zone, are transferred to the Welsh Ministers.

Fisheries Act 1981

16

The Treasury approval requirements under sections 15 and 16 (schemes of financial assistance and administration) of the Fisheries Act 1981 cease to apply in so far as the functions under those sections are exercisable by the Welsh Ministers in relation to Wales or the Welsh zone .

New Towns Act 1981

17

Section 69(1) (Secretary of State's accounts) of the New Towns Act 1981 applies in relation to the exercise of functions under that provision by the Welsh Ministers, as if for “as the Treasury may direct” there were substituted “ as the Welsh Ministers consider appropriate ”.

Acquisition of Land Act 1981

18

• (1) Except as set out in paragraph (2), and subject to paragraphs (4) and (5), the functions of the Secretary of State as “the appropriate Minister” under the provisions of the Acquisition of Land Act 1981 (“the 1981 Act”) listed in paragraph (3), so far as they are exercisable in relation to Wales (and so far as not already transferred by the 1999 Order) are transferred to the Welsh Ministers.

• (2) Paragraph (1) does not operate to transfer any function to the extent that it is exercisable in relation to a cross-border harbour or a reserve trust port.

• (3) The provisions of the 1981 Act referred to in paragraph (1) are—

• (a) section 16 (statutory undertakers' land excluded from compulsory purchase);

• (b) section 32(6) (power to extinguish certain public rights of way); and

• (c) paragraph 3 of Schedule 3 (statutory undertakers land).

• (4) The transfer of functions under section 16 of, and paragraph 3 of Schedule 3 to, the 1981 Act applies only in respect of objections to compulsory purchase orders raised after this article comes into force.

• (5) The transfer of the function under section 32(6) of the 1981 Act applies only in respect of decisions made under section 32(2) of that Act after this article comes into force.

Industrial Training Act 1982

19

• (1) Subject to this article, the functions of the Secretary of State under the Industrial Training Act 1982 (“the 1982 Act”), so far as they are exercisable in relation to Wales, are transferred to the Welsh Ministers.

• (2) No functions are transferred in relation to the industrial training boards specified in section H2 of Schedule 7A to the Government of Wales Act 2006 (reserved matters: industrial training boards).

• (3) The function under section 4 (winding up of boards) of the 1982 Act of making provision for the imposition of a levy on employers in a revocation order made under section 1 of that Act for the purpose of raising an amount to meet the expenses of winding up a board and meeting its liabilities may be exercised by the Welsh Ministers only with the agreement of the Secretary of State.

• (4) The functions under sections 11, 12, 13, 14 and 16 of the 1982 Act (which relate to levies) are not transferred.

• (5) The function of giving a direction under section 15(1) or (2) (default powers in relation to proposals) of the 1982 Act is transferred only in respect of proposals submitted to the Welsh Ministers under section 5(5) of the 1982 Act (functions of boards) .

• (6) The requirements in sections 2(2)(a), 4(6)(a) and 8(1) of, and in paragraphs 4, 5 and 12 of Schedule 1 to, the 1982 Act to obtain Treasury approval cease to apply in so far as the functions under those provisions are exercised by the Welsh Ministers.

• (7) Paragraph 7(1) of Schedule 1 to the 1982 Act applies in relation to industrial training boards established by the Welsh Ministers as if for from the opening words to “as he may specify may each”, there were substituted “ The Welsh Ministers may ”.

Mental Health Act 1983

20

The functions of the Lord Chancellor under section 78 (the Mental Health Review Tribunal for Wales) of the Mental Health Act 1983 are transferred to the Welsh Ministers.

Food and Environment Protection Act 1985

21

• (1) The functions of a Minister of the Crown under sections 16 and 18 (control of pesticides) of the Food and Environment Protection Act 1985 (“the 1985 Act”), so far as those functions are exercisable in relation to Wales and so far as they have not already been transferred, are transferred to the Welsh Ministers (and accordingly the Welsh Ministers may exercise the functions under those sections in relation to Wales, acting alone).

• (2) The requirements for Treasury consent under section 16(2)(j)(ii) and 18(3) of the 1985 Act cease to apply in so far as the functions under those sections are exercised by the Welsh Ministers.

Environment and Safety Information Act 1988

22

• (1) The Environment and Safety Information Act 1988 is amended in accordance with paragraphs (2) and (3).

• (2) In section 2(2) (interpretation)—

• (a) in paragraphs (b) and (c) for “or the Secretary of State” substitute “ , the Secretary of State or the Welsh Ministers ”;

• (b) after paragraph (c) (but before the “or” following it) insert—

(ca) in any case not falling within paragraphs (a) to (c) where the notice is served in Wales, the Welsh Ministers;

• (3) In section 4(6) (protection of trade secrets etc)—

• (a) after paragraph (a) insert—

(aa) in relation to notices served in Wales under that Act or the Regulatory Reform (Fire Safety) Order 2005 , the Welsh Ministers;

; and

• (b) in paragraph (b), after “paragraph (a)” insert “ or (aa) ”.

Local Government Finance Act 1988

23

• (1) Paragraph 1(2) (non-domestic rating accounts) of Schedule 8 to the Local Government Finance Act 1988 is amended in accordance with paragraphs (2) and (3).

• (2) In paragraph (a) for “as the Treasury may direct” substitute “ as they consider appropriate ”.

• (3) In paragraph (b) for “as the Treasury may direct” substitute “ as they consider appropriate ”.

Electricity Act 1989

24

• (1) Section 62 (public inquiries) of the Electricity Act 1989 is amended in accordance with paragraphs (2) to (4).

• (2) In subsection (1), at the end insert “ or the Welsh Ministers ”.

• (3) After subsection (1A) insert—

(1B) The Welsh Ministers may cause an inquiry to be held in any case where they consider it advisable to do so in connection with any matter relating to the exercise by them of any function under this Part.

• (4) After subsection (5) insert—

(6) Where— (a) an inquiry is to be caused to be held by the Welsh Ministers under this Part or Schedule 16 to the Energy Act 2004 in connection with any matter; and (b) in the case of some other matter required or authorised (whether by this Part, that Schedule or by any other enactment) to be the subject of an inquiry which is to be caused to be held by the Welsh Ministers, it appears to the Welsh Ministers that the matters are so far cognate that they should be considered together, the Welsh Ministers may direct that the two inquiries be held concurrently or combined as one inquiry.

Town and Country Planning Act 1990

25

The following functions under the Town and Country Planning Act 1990 , so far as they are exercisable in relation to Wales, are transferred to the Welsh Ministers—

• (a) the functions of the appropriate Minister in relation to the statutory undertakers mentioned in section 265(1)(a) apart from a statutory undertaker that is carrying on a harbour undertaking where the harbour is a reserved trust port or a cross-border harbour; and

• (b) the functions of the appropriate Minister in relation to the Natural Resources Body for Wales (in pursuance of the definition in section 265(3)(aa)).

Planning (Hazardous Substances) Act 1990

26

The function of the “appropriate Minister” under section 36B (rights of entry: supplementary provisions) of the Planning (Hazardous Substances) Act 1990 , so far as exercisable in relation to Wales, and so far as it has not already been transferred, is transferred to the Welsh Ministers.

Environmental Protection Act 1990

27

The Treasury approval requirement under section 113(1) (fees and charges) of the Environmental Protection Act 1990 ceases to apply in so far as the functions under that provision are exercised by the Welsh Ministers.

Agriculture and Forestry (Financial Provisions) Act 1991

28