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3.—(1) Subject to paragraph (2) below, the functions of the Secretary of State under or in relation to section 2 of the Act, so far as exercisable in relation to Wales, are transferred to the Assembly, except in relation to offshore oil and gas exploration and exploitation.
(2) It is directed that, in so far as any of the functions under paragraph (1) are exercisable by the Secretary of State in relation to a cross-border body but which, by their nature, are not functions which can be specifically exercised in relation to Wales, such functions shall be exercisable by the Assembly in relation to that body concurrently with the Secretary of State.
(3) For the purposes of paragraph (1) above, functions of the Secretary of State under section 2 of the Act include any functions of the Secretary of State which are included in regulations having effect under section 2 of the Act(1), and the power to confer functions on the Secretary of State or on a Minister of the Crown by any such regulations shall have effect as a power to confer such functions on the Assembly.
Pollution Prevention and Control (England and Wales) Regulations 2000 (S.I. 2000/1973).
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