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Government of Wales Act 1998, Section 23 is up to date with all changes known to be in force on or before 19 August 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.
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(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.
Modifications etc. (not altering text)
C1S. 23(1) restricted (1.7.1999) by S.I. 1999/672, art. 7
S. 23(1) restricted (16.2.2000) by S.I. 2000/253, arts. 1(2), 10
C2S. 23(1) excluded (15.11.2001) by S.I. 2001/3679, arts. 1, 3; S.I. 2001/3686, reg. 1
C3S. 23(1) applied (18.11.2004) by The National Assembly for Wales (Transfer of Functions) Order 2004 (S.I. 2004/3044), art. 1(2), 5
C4S. 23(1) excluded (8.6.2006) by The National Assembly for Wales (Transfer of Functions) Order 2006 (S.I. 2006/1458), arts. 1(2), 4
C5S. 23(1) excluded (15.12.2006) by The National Assembly for Wales (Transfer of Functions) (No.2) Order 2006 (S.I. 2006/3334), arts. 1(2), 5
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