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21. The function of approving charging schemes under section 42 of the 1995 Act is exercisable by the Secretary of State free from any requirement to consult the Welsh Ministers(1).
In relation to Wales, the function was made exercisable only after consulting the National Assembly for Wales by article 5(1) of, and Schedule 2 to, the 1999 Order (see the entry in Schedule 2 relating to the 1995 Act). The function of being consulted was transferred to the Welsh Ministers by section 162 of, and paragraph 30 of Schedule to, the 2006 Act. The entry relating to the 1995 Act in Schedule 2 to the 1999 Order is revoked by article 29(3) of this Order.
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