Explanatory note

These Regulations provide for the National Assembly for Wales (“the Assembly”) to exercise in relation to Wales certain European Social Fund functions relating to specified Structural Fund programmes. The functions, hitherto exercisable by the Secretary of State, are conferred or imposed on Member States by the following European Community Regulations:

• Articles 21, 23, 24, 25, 26, 27, 28, 29 and 32 of Council Regulation (EEC) No. 4253/88, as amended by Council Regulation (EEC) No. 2082/93;

• Commission Regulation (EC) No. 1681/1994 concerning irregularities and the recovery of sums wrongly paid in connection with the financing of the structural policies and the organisation of an information system in this field;

• Commission Regulation (EC) No. 2064/97 establishing detailed arrangements for the implementation of Council Regulation (EEC) No. 4253/88 as regards the financial control by Member States of operations co-financed by the Structural Funds, as amended by Commission Regulation (EC) 2406/98;

• Council Regulation (EEC) No. 1260/1999 laying down general provisions on the Structural Funds;

• Commission Regulation (EC) No. 643/2000 on arrangements for using the euro for the purposes of the budgetary management of the Structural Funds;

• Commission Regulation (EC) No. 1159/2000 on information and publicity measures to be carried out by the Member States concerning assistance from the Structural Funds;

• Commission Regulation (EC) No. 1685/2000 laying down detailed rules for implementation of 1260/1999 as regards eligibility of expenditure of operations co-financed by the Structural Funds.

Regulation 4 contains provisions for the transfer to the Assembly of third party rights and liabilities associated with the functions transferred by these Regulations. These provisions are designed to ensure continuity in respect of on-going matters upon the transfer of functions from the Secretary of State to the Assembly.