Section 71B General statutory duty: Scotland and Wales.F1

England, Wales and Scotland

(1)

For the purposes of the M1Scotland Act 1998, subsections (2) to (4) of section 71 (and sections 71(6) and 74 so far as they apply to the power conferred by subsection (2) of section 71) shall be taken to be pre-commencement enactments within the meaning of that Act.

(2)

Before making an order under section 71(2) in relation to functions exercisable in relation to Wales by a person who is not a Welsh public authority, the F2Secretary of State shall consult the F3Welsh Ministers .

(3)

The Secretary of State shall not make an order under section 71(2) in relation to functions of a Welsh public authority except with the consent of the F4Welsh Ministers .

(4)

In this section “Welsh public authority” means any person whose functions are exercisable only in relation to Wales and F5 includes—

(a)

the National Assembly for Wales Commission;

(b)

the Welsh Ministers, the First Minister for Wales and the Counsel General to the Welsh Assembly Government.

Annotations

Textual amendments

F1: Ss. 71-71E substituted for s. 71 (2.4.2001) by 2000 c. 34, s. 2(1) (with s. 10(5)); S.I. 2001/566, art. 2(1)
F2: Words in s. 71B(2)(3) substituted (18.8.2010) by The Transfer of Functions (Equality) Order 2010 (S.I. 2010/1839), Sch. para. 4(3)(e)
F3: Words in s. 71B(2) substituted (2.5.2007) by The Government of Wales Act 2006 (Consequential Modifications and Transitional Provisions) Order 2007 (S.I. 2007/1388), arts. 1(2)(3), 3, Sch. 1 para. 12(2)
F4: Words in s. 71B(3) substituted (2.5.2007) by The Government of Wales Act 2006 (Consequential Modifications and Transitional Provisions) Order 2007 (S.I. 2007/1388), arts. 1(2)(3), 3, Sch. 1 para. 12(3)
F5: Words in s. 71B(4) substituted (2.5.2007) by The Government of Wales Act 2006 (Consequential Modifications and Transitional Provisions) Order 2007 (S.I. 2007/1388), arts. 1(2)(3), 3, Sch. 1 para. 12(4)

Marginal citations

M1: 1998 c. 46.

Notes on the whole Act

Textual amendments

F1: Act repealed (1.10.2010 except in relation to the repeal of ss. 71-71B, Sch. 1A, and 5.4.2011 otherwise) by Equality Act 2010 (c. 15), s. 216(3), Sch. 27 Pt. 1 (as substituted (1.10.2010) by S.I. 2010/2279, arts. 1(2), 13, Sch. 2 (with art. 15(5))); S.I. 2010/2317, arts. 1(2), 2(15)(f) (with savings in arts. 10(8)(b), 14(3), 15, Schs. 1, 3, 5); S.I. 2011/1066, art. 2(h); Act further amended (as saved) (1.11.2011) by Sports Grounds Safety Authority Act 2011 (c. 6), s. 8(1), Sch. 2 para. 6, Sch. 3; S.I. 2011/2597, art. 2; Act further amended (as saved) (1.4.2012) by Budget Responsibility and National Audit Act 2011 (c. 4), ss. 26(2), 29(3), Sch. 5 para. 11(1)(6); S.I. 2011/2576, art. 5