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Introductory text

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Commons, England And Wales

Made 22nd September 2010

Laid before Parliament 29th September 2010

Laid before the National Assembly for Wales 29th September 2010

Coming into force 30th November 2010

The Secretary of State in relation to England and the Welsh Ministers in relation to Wales, in exercise of the powers conferred by sections 3, 4, 5, 6(2), 13f1 and 19f2 of the Commons Registration Act 1965f3, and now vested in themf4, make the following Regulations.

Annotations

Footnotes

f1

The Secretary of State has limited powers under section 13 by virtue of the Commons Act 2006 (Commencement No. 1, Transitional Provisions and Savings) (England) Order 2006 (S.I. 2006/2504, C.84), the Commons Act 2006 (Commencement No. 2, Transitional Provisions and Savings) (England) Order 2007 (S.I. 2007/456, C.17) and the Commons Act 2006 (Commencement No. 4 and Savings) (England) Order 2008 (S.I. 2008/1960, C.94). Each of those Orders brought into force in relation to England the repeal by the Commons Act 2006 of (among other provisions) parts of section 13, subject to the savings provisions stated therein. The powers of the Welsh Ministers under section 13 are limited by the Commons Act 2006 (Commencement No. 1, Transitional Provisions and Savings) (Wales) Order 2007 (S.I. 2007/2386, W.197, C.88), which brought into force in relation to Wales the repeal of parts of section 13, subject to the savings provisions stated therein.

f2

Section 19(1)(g) was amended, and Regulations made under that provision were modified, by paragraph 13 of Schedule 5 to the Church of England (Miscellaneous Provisions) Measure 2006 (2006 No.1), which is repealed by section 12(4) of, and Schedule 2 to, the Church of England (Miscellaneous Provisions) Measure 2010 (2010 No. 1). Article 3 of the Church of England (Miscellaneous Provisions) Measure 2010 (Appointed Day No. 1) Instrument 2010 (2010 No. 2) appoints 1st September 2010 as the date for the coming into force of such repeal. The function conferred upon the “Minister” under section 19(1)(g) is, in relation to Wales, now vested in the Welsh Ministers (see footnote (d) below), in so far as an ecclesiastical benefice of the Church of England which is vacant is situated wholly or partially within Wales.

f3

1965 c. 64. See section 22(1) for the definitions of “the Minister” and “prescribed”.

f4

The functions of the Minister in relation to England were transferred to the Minister of Housing and Local Government by article 2(5) of the Ministry of Land and Natural Resources (Dissolution) Order 1967 (S.I. 1967/156). The functions of the Minister of Housing and Local Government (so far as relevant) were transferred to the Secretary of State by article 2(1) of the Secretary of State for Environment Order 1970 (S.I. 1970/1681). The functions of the Minister in relation to Wales were transferred to the Secretary of State for Wales by article 2(2) of the Ministry of Land and Natural Resources (Dissolution) Order 1967 (S.I. 1967/156). The functions of the Secretary of State for Wales were transferred to the National Assembly for Wales by article 2 of, and Schedule 1 to, the National Assembly for Wales (Transfer of Functions) Order 1999 (S.I. 1999/672). By virtue of paragraphs 30 and 32 of Schedule 11 to the Government of Wales Act 2006 (c. 32), the functions of the National Assembly for Wales were transferred to the Welsh Ministers.