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

Article 2

SCHEDULE 1 ENACTMENTS CONFERRING FUNCTIONS TRANSFERRED BY ARTICLE 2

Public General Acts

• Slaughterhouses Act 1974 (c. 3) in respect of the functions of the Secretary of State under Part I(1).

• Local Land Charges Act 1975 (c. 76) in respect of the function of the Lord Chancellor under section 14(1) so far as it relates to the power to make rules for prescribing fees and the manner of payment of fees.

• Bees Act 1980 (c. 12) in respect of the functions of the Secretary of State(2).

• Animal Health Act 1981 (c. 22) in respect of the functions of the Secretary of State except Schedule 1(3).

• Pig Industry Levy Act 1983 (c. 4) in respect of the functions of the Secretary of State(4).

• Road Traffic Regulation Act 1984 (c. 27) sections 99 to 103, except in relation to:

  (a)

  that part of the M4 Motorway in Wales which comprises “the New Toll Plaza area” and “the New Bridge”, as defined in section 39(1) of the Severn Bridges Act 1992 (c. 3);

  (b)

  that part of the road constructed by the Minister of Transport along the line described in Schedule 1 to the North of Almondsbury-South of Haysgate Trunk Road Order 1947 and referred to in that Order as “the new road” which lies to the east of the most easterly point before reaching the River Wye at which eastbound traffic of Classes I and II (as specified in Schedule 4 to the Highways Act 1980 (c. 66)) can leave that road by another special road.

• Inheritance Tax Act 1984 (c. 51) section 230 except that, where there is both a Welsh interest and another interest in the property to which the section applies, it is directed that the functions of the Secretary of State shall be exercisable by the Assembly concurrently with the Secretary of State.

  For the purposes of this provision:—

  • a Welsh interest exists where—

    (a)

    the property is located in Wales, or

    (b)

    the person liable to pay tax has expressed a wish or imposed a condition on his offer of the property in satisfaction of tax that it be displayed in Wales or disposed of or transferred to a body or institution in Wales; and

  • another interest exists where—

    (a)

    the property is located outside Wales, or

    (b)

    the person liable to pay tax has expressed a wish or imposed a condition on his offer of the property in satisfaction of tax that it be displayed outside Wales or disposed of or transferred to a body or institution outside Wales.

Statutory Instruments

• The Welfare of Animals (Slaughter or Killing) Regulations 1995 (S.I. 1995/731) in respect of the functions of the Secretary of State(5).

• The Products of Animal Origin (Import and Export) Regulations 1996 (S.I. 1996/3124) in respect of the functions of the Secretary of State except those of the Secretary of State for Health under regulations 3 and 4(6).

• The TSE (Wales) Regulations 2002 (S.I. 2002/1416) in respect of the functions of the Secretary of State(7).

(1)

See Schedule 1 to the 1999 transfer order as to other provisions made in respect of Part I of this Act of 1974. The functions of the Minister of Agriculture, Fisheries and Food under the Act were transferred to the Secretary of State by S.I. 2002/794.

(2)

See Schedule 1 to the 1999 transfer order and the Schedule to S.I. 1999/3141 as to other provisions made in respect of this Act of 1980. The functions of the Minister of Agriculture, Fisheries and Food under the Act were transferred to the Secretary of State by S.I. 2002/794.

(3)

See Schedule 1 to the 1999 transfer order and the Schedule to S.I. 1999/3141 as to other provisions made in respect of this Act of 1981. The functions of the Minister of Agriculture, Fisheries and Food under the Act were transferred to the Secretary of State by S.I. 2002/794.

(4)

See Schedule 1 to the 1999 transfer order and the Schedule to S.I. 1999/3141 as to other provisions made in respect of this Act of 1983. The functions of the Minster of Agriculture, Fisheries and Food under the Act were transferred to the Secretary of State by S.I. 2002/794.

(5)

S.I. 1995/731 amended by S.I. 1999/400, 1999/1820, 2000/656 and 2001/1303 (W.80). See Schedule 1 to the 1999 transfer order as to other provisions made in respect of these regulations. The functions of the Minister of Agriculture, Fisheries and Food and of a named Secretary of State (however described) under the regulations were transferred to the Secretary of State by S.I. 2002/794.

(6)

S.I. 1996/3124 amended by S.I. 1997/3023, 1998/994, 2000/656, 2000/1885 (W.131), 2000/2257 (W.150), 2001/1660 (W.119), 2001/2198 (W.158), 2001/2219 (W.159), 2002/1476 (W.148), 2003/3229 (W.309). See Schedule 1 to S.I. 2000/253 as to other provisions made in respect of these regulations. The functions of the Minister of Agriculture, Fisheries and Food under the regulations were transferred to the Secretary of State by S.I. 2002/794.

(7)

S.I. 2002/1416 (W.142) amended by S.I. 2003/2756 (W.267).