Chwilio Deddfwriaeth

Government of Wales Act 1998

Changes over time for: Cross Heading: Transfer of Ministerial functions to Assembly

 Help about opening options

Version Superseded: 03/05/2007

Alternative versions:

Status:

Point in time view as at 23/11/2005.

Changes to legislation:

Government of Wales Act 1998, Cross Heading: Transfer of Ministerial functions to Assembly is up to date with all changes known to be in force on or before 05 December 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

Close

Changes to Legislation

Changes and effects yet to be applied by the editorial team are only applicable when viewing the latest version or prospective version of legislation. They are therefore not accessible when viewing legislation as at a specific point in time. To view the ‘Changes to Legislation’ information for this provision return to the latest version view using the options provided in the ‘What Version’ box above.

Transfer of Ministerial functions to AssemblyU.K.

22 Transfer of Ministerial functions.U.K.

(1)Her Majesty may by Order in Council—

(a)provide for the transfer to the Assembly of any function so far as exercisable by a Minister of the Crown in relation to Wales,

(b)direct that any function so far as so exercisable shall be exercisable by the Assembly concurrently with the Minister of the Crown, or

(c)direct that any function so far as exercisable by a Minister of the Crown in relation to Wales shall be exercisable by the Minister only with the agreement of, or after consultation with, the Assembly.

(2)The Secretary of State shall, before the first ordinary election, lay before each House of Parliament the draft of an Order in Council under this section making provision for the transfer of such functions in each of the fields specified in Schedule 2 as the Secretary of State considers appropriate.

(3)An Order in Council under this section may contain any appropriate consequential, incidental, supplementary or transitional provisions or savings (including provisions in the form of amendments or repeals of enactments).

(4)No recommendation shall be made to Her Majesty in Council to make an Order in Council under this section—

(a)unless a draft of the statutory instrument containing the Order in Council has been laid before, and approved by a resolution of, each House of Parliament, and

(b)in the case of an Order in Council varying or revoking a previous Order in Council, unless such a draft has also been laid before, and approved by a resolution of, the Assembly.

(5)Schedule 3 (which makes further provision about the transfer etc. of functions by Order in Council under this section) has effect.

Modifications etc. (not altering text)

C1S. 22 modified (30.6.1999) by 1999 c. 9, ss. 14(1)(2), 17(2)(d)

S. 22 modified (E.W.S.) (1.1.2002 for E. and 1.9.2002 otherwise) by 2001 c. 10, s. 42(5) (with s. 43(13)); S.I. 2001/2217, art. 5 (as amended by virtue of S.I. 2001/2614, art. 4); S.I. 2002/2217, art. 3, Sch. 1 Pt. 1

S. 22 modified (1.4.2003 for E. and 9.1.2004 for W.) by Education Act 2002 (c. 32), ss. 208(3), 211, 216 (with ss. 210(8), 214(4)); S.I. 2003/124, art. 4; S.I. 2003/2961, art. 7, Sch. Pt. IV

23 General transfer of property, rights and liabilities etc.U.K.

(1)There shall be transferred to and vest in the Assembly by virtue of this subsection all property, rights and liabilities to which a Minister of the Crown is entitled or subject, at the coming into force of an Order in Council under section 22, in connection with any function exercisable by the Minister which is transferred by the Order in Council.

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

(a)any function exercisable by a Minister of the Crown which is transferred by an Order in Council under section 22, or

(b)any property, rights or liabilities transferred by subsection (1) as the result of the transfer of any such function by such an Order in Council,

and which is in the process of being done by or in relation to the Minister immediately before the coming into force of the Order in Council.

(3)Anything which was done by a Minister of the Crown for the purpose of or in connection with—

(a)any function exercisable by the Minister which is transferred by an Order in Council under section 22, or

(b)any property, rights or liabilities transferred by subsection (1) as the result of the transfer of any such function by such an Order in Council,

and which is in effect immediately before the coming into force of the Order in Council shall have effect as if done by the Assembly.

(4)The Assembly shall be substituted for any Minister of the Crown in any instruments, contracts or legal proceedings which relate to—

(a)any function exercisable by the Minister which is transferred by an Order in Council under section 22, or

(b)any property, rights or liabilities transferred by subsection (1) as the result of the transfer of any such function by such an Order in Council,

and which are made or commenced before the coming into force of the Order in Council.

24 General transfer: supplementary.U.K.

(1)An Order in Council under section 22 may provide that all or any of the provisions of section 23—

(a)shall not apply in relation to the transfer of functions by the Order in Council or to the property, rights and liabilities connected with the functions,

(b)shall apply only in relation to the transfer of particular functions by the Order in Council or to particular property, rights or liabilities connected with the functions transferred by the Order in Council, or

(c)shall not apply in relation to the transfer of particular functions by the Order in Council or to particular property, rights or liabilities connected with the functions transferred by the Order in Council.

(2)Section 23 does not apply to rights or liabilities relating to the employment of persons in Crown employment (as defined in section 191(3) of the M1Employment Rights Act 1996).

Marginal Citations

25 Power to make specific transfers etc.U.K.

(1)The Secretary of State may by order make provision for the transfer to the Assembly of—

(a)any specified property, rights or liabilities, or

(b)property, rights or liabilities of any specified description,

to which a Minister of the Crown is entitled or subject.

(2)An order under subsection (1) may provide for the transfer of any property, rights or liabilities to have effect subject to exceptions or reservations specified in or determined under the order.

(3)An order under subsection (1) may provide—

(a)for the creation in favour of a Minister of the Crown of interests in, or rights over, property transferred to the Assembly,

(b)for the creation in favour of the Assembly of interests in, or rights over, property retained by a Minister of the Crown, or

(c)for the creation of new rights and liabilities between the Assembly and a Minister of the Crown.

(4)The Secretary of State may by order make provision for the continuation by or in relation to the Assembly of—

(a)any specified thing, or

(b)anything of a specified description,

commenced by or in relation to a Minister of the Crown.

(5)The Secretary of State may by order make provision for—

(a)any specified thing, or

(b)anything of a specified description,

done by a Minister of the Crown to have effect as if done by the Assembly.

(6)The Secretary of State may by order make provision for the substitution of the Assembly for any Minister of the Crown in—

(a)any specified instrument, contract or legal proceedings, or

(b)any instrument, contract or legal proceedings of a specified description.

(7)An order under this section may be made in consequence of the making of an Order in Council under section 22 or in any other circumstances in which the Secretary of State considers it appropriate to make such an order.

(8)An order under this section may contain any appropriate consequential, incidental, supplementary or transitional provisions or savings.

26 Transfers of property: supplementary.U.K.

(1)A certificate issued by the Secretary of State that any property has been transferred by—

(a)section 23, or

(b)an order under section 25,

shall be conclusive evidence of the transfer.

(2)Section 23 and an order under section 25 shall have effect in relation to property, rights or liabilities to which it applies in spite of any provision (of whatever nature) which would prevent or restrict the transfer of the property, rights or liabilities otherwise than by that section or such an order.

Yn ôl i’r brig

Options/Help

Print Options

You have chosen to open The Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open The Whole Act as a PDF

The Whole Act you have selected contains over 200 provisions and might take some time to download.

Would you like to continue?

You have chosen to open y Ddeddf Gyfan

Y Ddeddf Gyfan you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open Schedules only

Y Rhestrau you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

Close

Mae deddfwriaeth ar gael mewn fersiynau gwahanol:

Y Diweddaraf sydd Ar Gael (diwygiedig):Y fersiwn ddiweddaraf sydd ar gael o’r ddeddfwriaeth yn cynnwys newidiadau a wnaed gan ddeddfwriaeth ddilynol ac wedi eu gweithredu gan ein tîm golygyddol. Gellir gweld y newidiadau nad ydym wedi eu gweithredu i’r testun eto yn yr ardal ‘Newidiadau i Ddeddfwriaeth’.

Gwreiddiol (Fel y’i Deddfwyd neu y’i Gwnaed): Mae'r wreiddiol fersiwn y ddeddfwriaeth fel ag yr oedd pan gafodd ei deddfu neu eu gwneud. Ni wnaed unrhyw newidiadau i’r testun.

Pwynt Penodol mewn Amser: This becomes available after navigating to view revised legislation as it stood at a certain point in time via Advanced Features > Show Timeline of Changes or via a point in time advanced search.

Close

Gweler y wybodaeth ychwanegol ochr yn ochr â’r cynnwys

Rhychwant ddaearyddol: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.

Dangos Llinell Amser Newidiadau: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.

Close

Dewisiadau Agor

Dewisiadau gwahanol i agor deddfwriaeth er mwyn gweld rhagor o gynnwys ar y sgrin ar yr un pryd

Close

Rhagor o Adnoddau

Gallwch wneud defnydd o ddogfennau atodol hanfodol a gwybodaeth ar gyfer yr eitem ddeddfwriaeth o’r tab hwn. Yn ddibynnol ar yr eitem ddeddfwriaeth sydd i’w gweld, gallai hyn gynnwys:

  • y PDF print gwreiddiol y fel deddfwyd fersiwn a ddefnyddiwyd am y copi print
  • rhestr o newidiadau a wnaed gan a/neu yn effeithio ar yr eitem hon o ddeddfwriaeth
  • manylion rhoi grym a newid cyffredinol
  • pob fformat o’r holl ddogfennau cysylltiedig
  • slipiau cywiro
  • dolenni i ddeddfwriaeth gysylltiedig ac adnoddau gwybodaeth eraill
Close

Llinell Amser Newidiadau

This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.

Close

Rhagor o Adnoddau

Defnyddiwch y ddewislen hon i agor dogfennau hanfodol sy’n cyd-fynd â’r ddeddfwriaeth a gwybodaeth am yr eitem hon o ddeddfwriaeth. Gan ddibynnu ar yr eitem o ddeddfwriaeth sy’n cael ei gweld gall hyn gynnwys:

  • y PDF print gwreiddiol y fel deddfwyd fersiwn a ddefnyddiwyd am y copi print
  • slipiau cywiro

liciwch ‘Gweld Mwy’ neu ddewis ‘Rhagor o Adnoddau’ am wybodaeth ychwanegol gan gynnwys

  • rhestr o newidiadau a wnaed gan a/neu yn effeithio ar yr eitem hon o ddeddfwriaeth
  • manylion rhoi grym a newid cyffredinol
  • pob fformat o’r holl ddogfennau cysylltiedig
  • dolenni i ddeddfwriaeth gysylltiedig ac adnoddau gwybodaeth eraill