The National Assembly for Wales (Transfer of Functions) Order 2004

Explanatory Note

(This note is not part of the Order)

Article 2 of, and Schedule 1 to, the Order provide for the exercise by the National Assembly for Wales (“the Assembly”) of statutory functions currently vested in Ministers of the Crown. All functions are vested in the Assembly for exercise in relation to Wales.

The functions which become exercisable by the Assembly in pursuance of this Order are functions under the enactments listed in Schedule 1. Listing in this Order is as follows—

• Public General Acts are listed first followed by a list of statutory instruments;

• all enactments are listed in chronological order.

Article 3 provides that the vesting in the Assembly of functions exercisable under any enactment includes functions exercisable by virtue of subordinate legislation made thereunder or in relation thereto.

Article 4 of and Schedule 2 to the Order provide for variation of the National Assembly for Wales (Transfer of Functions) Order 1999 (S.I. 1999/672) in relation to one of the entries specified in Schedule 1 to that Order.

Article 5 provides for the exclusion of documentary or electronic records from transfer to the Assembly which would otherwise take place by virtue of section 23 of the Government of Wales Act 1998.