Paragraph

Functions under the following provisions are transferred not in relation to Wales but in the manner indicated, and article 2(c) of this Order shall not have effect in relation thereto—

(a)

the function under section 1(2)(b) is transferred to the Assembly to the extent that it may make such appointments as will ensure that there is at all times one member of the Agency appointed by it, and under Schedule 1 only functions vested in “the appropriate Minister" are transferred to the Assembly, and only to the extent that such functions relate to any member appointed by the Assembly;

(b)

functions under section 12 and Schedule 3 are transferred to the Assembly in relation to such region as is determined under section 12(6) and the committee which is established for that region;

(c)

functions under section 13 are transferred to the Assembly in relation to such region as is determined under subsection (5) and the committee which is established for that region and such local advisory committees, and their respective areas of responsibility, as are established within that region;

(d)

the functions under sections 15 and 16 which are transferred to the Assembly are only the functions of the Secretary of State but those functions are transferred to the full extent that they are exercisable by the Secretary of State;

(e)

functions under sections 17 and 18 are transferred to the Assembly in relation to the regional flood defence committee for an area the whole or the greater part of which is in Wales;

F1(ea)

functions under section 18A are transferred to the Assembly in relation to the local flood defence scheme for a district which is in the area of a regional flood defence committee the whole or the greater part of which is in Wales;

(f)

the functions under Schedule 4 which are transferred to the Assembly are only the functions of the Secretary of State except that there are also transferred to the Assembly functions exercisable by the Minister of Agriculture, Fisheries and Food in pursuance of sub-paragraph (a) of the definition of “the relevant Minister" in paragraph 1(5) in relation to the alteration of the boundaries of an area the whole of which is in Wales;

(g)

functions under Schedule 5 are transferred to the Assembly in relation to any regional flood defence committee for an area wholly or mainly in Wales and in relation to any local flood defence committee for a district within the area of that regional flood defence committee.

Annotations

Textual amendments

F1: Words in Sch. 1 inserted (1.4.2004) by Water Act 2003 (c. 37), ss. 100(5)(b), 105(3) (with s. 100(7)); S.I. 2004/641, art. 3(iii)(x) (with Sch. 3 para. 7)

Notes on Schedule 1

Modifications

C1: Sch. 1 modified (11.5.2001) by Health and Social Care Act 2001 (c. 15), ss. 68(1), 70(2) (with ss. 64(9), 65(4), 68(4))
C2: Sch. 1 modified (1.7.2001) by Carers and Disabled Children Act 2000 (c. 16), ss. 7(2), 12(2) (with s. 7(3)); S.I. 2001/2196, art. 2, Sch.
C3: Sch. 1 modified (7.11.2002) by Adoption and Children Act 2002 (c. 38), ss. 145(1), 148(1) (with s. 145(2))
C4: Sch. 1 modified (28.3.2003) by The Regulatory Reform (Housing Management Agreements) Order 2003 (S.I. 2003/940), arts. 1(1), 3(1) (with art. 3(2))
C5: Sch. 1 modified (22.4.2003) by The Zoo Licensing Act 1981 (Amendment) (Wales) Regulations 2003 (S.I. 2003/992), regs. 1(1), 2(2) (with reg. 4)
C6: Sch. 1 modified (20.11.2003) by Health and Social Care (Community Health and Standards) Act 2003 (c. 43), ss. 197(1), 199(1)(4) (with s. 197(2))
C7: Sch. 1 modified (17.3.2004 for specified purposes, 1.4.2004 for specified purposes, 28.5.2004 for specified purposes, 1.10.2004 for specified purposes, 1.4.2005 for specified purposes, 1.8.2005 for specified purposes, 1.10.2005 for specified purposes, 1.12.2005 for specified purposes, 1.4.2006 for specified purposes, 1.4.2007 in so far as not already in force) by Water Act 2003 (c. 37), ss. 100(6), 105(3) (with s. 100(7)); S.I. 2004/641, arts. 2(b)(i), 3(iv)(x), 4(c)(ii) (with Sch. 3 para. 7); S.I. 2004/2528, art. 2(s)(v) (with Sch. para. 7, 8) (which transitional provisions in Sch. para. 7 are revoked (1.4.2005) by S.I. 2005/968, art. 4); S.I. 2005/968, arts. 2(l)(iii), 3(c)(ii) (with Sch. 2 para. 2) (which transitional provisions in Sch. 2 para. 2 are revoked (1.10.2005) by S.I. 2005/2714, art. 5(2)(3)); S.I. 2005/2714, arts. 2(k)(iii), 3(b)(ii), 4(e)(ii) (with Sch. para. 7, 8) (which transitional provisions in Sch. para. 7 are revoked (1.4.2007) by S.I. 2007/1021, art. 3(1)(b)(2)); S.I. 2006/984, art. 2(r)(iv) (with Sch. para. 9) (as amended (1.4.2007) by S.I. 2007/1021, art. 3); S.I. 2007/1021, art. 2(c)
C8: Sch. 1 modified (31.3.2004) by Anti Social Behaviour Act 2003 (c. 38), ss. 55(10), 93(1)(2); S.I. 2004/690, art. 3(h); S.I. 2004/999, art. 2(m)
C9: Sch. 1 modified (31.3.2004) by Anti Social Behaviour Act 2003 (c. 38), ss. 56(2), 93(1)(2); S.I. 2004/690, art. 3(i); S.I. 2004/999, art. 2(n)
C10: Sch. 1 modified (31.3.2004) by Anti Social Behaviour Act 2003 (c. 38), ss. 42(7), 93(1)(2); S.I. 2004/690, art. 3(c); S.I. 2004/999, art. 2(c)
C11: Sch. 1 modified (30.6.2004 for E., 30.9.2004 for W.) by Anti Social Behaviour Act 2003 (c. 38), ss. 17, 93(1)(2); S.I. 2004/1502, art. 2(a)(vi); S.I. 2004/2557, art. 2(a)(iv)
C12: Sch. 1 modified (22.7.2004) by Fire and Rescue Services Act 2004 (c. 21), ss. 61, 62(4)(5)
C13: Sch. 1 modified (2.8.2004) by The Wildlife and Countryside Act 1981 (Amendment) (Wales) Regulations 2004 (S.I. 2004/1733), regs. 1(1), 3(2)
C14: Sch. 1 modified (6.8.2004 for specified purposes, 28.9.2004 in so far as not already in force) by Planning and Compulsory Purchase Act 2004 (c. 5), s. 118(3)(4) (with s. 111); S.I. 2004/2097, art. 2; S.I. 2004/2202, art. 3(c)
C15: Sch. 1 modified (18.11.2004) by Housing Act 2004 (c. 34), ss. 267, 270(2)(a)
C16: Sch. 1 modified (1.4.2005) by Public Audit (Wales) Act 2004 (c. 23), ss. 67, 73(1); S.I. 2005/558, art. 2, Sch. 1 (with Sch. 2 para. 2)
C17: Sch. 1 modified (1.4.2005) by Health Protection Agency Act 2004 (c. 17), ss. 11(3), 12(1); S.I. 2005/121, art. 2(2)
C18: Sch. 1 modified (7.6.2005) by Inquiries Act 2005 (c. 12), ss. 48(2), 51(1) (with ss. 44, 50); S.I. 2005/1432, art. 2
C19: Sch. 1 modified (30.3.2006) by Natural Environment and Rural Communities Act 2006 (c. 16), ss. 103, 107(8)
C20: Sch. 1 modified (1.4.2006) by Children Act 2004 (c. 31), ss. 44(8), 67(7)(a); S.I. 2006/885, art. 2(2)(b)
C21: Sch. 1 modified (15.6.2006) by The Eggs (Marketing Standards) (Amendment) (England and Wales) Regulations 2006 (S.I. 2006/1540), regs. 1(2), 3

Notes on Part

Textual amendments

F1: Words in Sch. 1 inserted (1.7.1999) by Health Act 1999 (c. 8), ss. 66(4)(5)(b), 67(4)(a)