Regulation 8 Transfer of property, rights and liabilities

(1)

There shall be transferred to and vest in the Assembly by virtue of this paragraph all property, rights and liabilities to which the Secretary of State for Wales is entitled or subject, at the coming into force of a designation made pursuant to these Regulations, in connection with any function exercisable by him which is made exercisable by the Assembly pursuant to such a designation.

(2)

There may be continued by or in relation to the Assembly anything (including legal proceedings) which relates to—

(a)

any function exercisable by the Secretary of State for Wales which is made exercisable by the Assembly by a designation made pursuant to these Regulations,

(b)

any property, rights or liabilities transferred by paragraph (1) as the result of any such function being made so exercisable,

and which is in the process of being done by or in relation to the Secretary of State immediately before the designation comes into force.

(3)

Anything which was done by the Secretary of State for Wales for the purpose of or in connection with—

(a)

any function exercisable by him which is made exercisable by the Assembly by a designation made pursuant to these Regulations, or

(b)

any property, rights or liabilities transferred by paragraph (1) as the result of any such function being made exercisable by the Assembly by such a designation

and which is in effect immediately before the designation comes into force shall have effect as if done by the Assembly.

(4)

The Assembly shall be substituted for the Secretary of State for Wales in any instruments, contracts or legal proceedings which relate to—

(a)

any function exercisable by him which is made exercisable by the Assembly by a designation made pursuant to these Regulations, or

(b)

any property, rights or liabilities transferred by paragraph (1) as the result of any such function being made exercisable by the Assembly by such a designation

and which are made or commenced before the designation comes into force.

(5)

This regulation shall not apply to—

(a)

rights or liabilities relating to the employment of persons in Crown employment (as defined in section 191(3) of the Employment Rights Act 1996)^f1, or

(b)

any documents or electronic records.

Annotations

Footnotes

f1: 1996 c. 18.