# The National Assembly for Wales (Transfer of Records) Order 2004, Note: Explanatory note


(This note is not part of the Order)
Section 25 of the Government of Wales Act 1998 (“the 1998 Act”) empowers the Secretary of State to transfer specific property, rights and liabilities of a Minister of the Crown to the National Assembly for Wales (“the Assembly”).
In this Order, the Secretary of State for Wales transfers to the Assembly all his documentary and electronic records which pre-date the coming into force of the National Assembly for Wales (Transfer of Functions) Order 1999 No. 672 (“the 1999 Order”) and which were held or used wholly or mainly in connection with the exercise of functions transferred by an Order in Council under section 22 of the 1998 Act (a “section 22 Order”). By virtue of section 23(1) of that Act any such records would normally have transferred to the Assembly’s ownership at the coming into force of the relevant section 22 Order; but section 22 Orders, including the 1999 Order, have included provisions excepting those records from transfer (S.I.s 1999/2787, 2000/253 and 2001/3679).
By virtue of article 2(3) the Secretary of State for Wales will retain the right to have access to the transferred records.

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Source: https://www.legislation.gov.uk/uksi/2004/3137/note (the official version)
Page: https://openlegislation.uk/national-assembly-for-wales-transfer-of-records-order-2004/note
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.