Valid from 01/12/1998
42 Different exercise of functions by Assembly.U.K.
(1)This section applies where—
(a)an enactment confers or imposes a function exercisable in relation to England and Wales, and
(b)the function is to any extent conferred or imposed on the Assembly by the enactment or transferred to, or made exercisable by, the Assembly by an Order in Council under section 22.
(2)Subject to subsection (4), the enactment shall be taken to permit—
(a)the exercise of the function by the Assembly whether or not it is exercised otherwise than by the Assembly, and
(b)the exercise of the function differently by the Assembly (on the one hand) and otherwise than by the Assembly (on the other).
(3)The reference in subsection (1)(a) to a function exercisable in relation to England and Wales includes a function exercisable in relation both to England and Wales and to another country or territory or other countries or territories.
(4)Subsection (2) is subject to any provision made by—
(a)the enactment by which the function is conferred or imposed on the Assembly, or
(b)the Order in Council by which the function is transferred to, or made exercisable by, the Assembly.
(5)Subsection (2) does not limit any power to exercise a function in relation to Wales whether or not it is exercised in relation to England, or to exercise a function differently in relation to Wales and England, where the function is not (to any extent)—
(a)conferred or imposed on the Assembly by any enactment, or
(b)transferred to, or made exercisable by, the Assembly by an Order in Council under section 22.
(6)In this section “enactment” includes an enactment—
(a)contained in an Act passed after this Act, or
(b)made after the passing of this Act.
Modifications etc. (not altering text)
C1S. 42 restricted (16.2.2000) by S.I. 2000/253, arts. 1(2), 9