SCHEDULES
SCHEDULE 11Transitional provisions
Functions conferred or imposed by pre-commencement enactment: Parliamentary and Assembly procedure
C135
1
This paragraph applies where—
a
a function to make subordinate legislation was conferred or imposed on the Assembly constituted by the Government of Wales Act 1998 (c. 38) by a pre-commencement enactment,
b
the function has been transferred to the Welsh Ministers, the First Minister or the Counsel General by or by virtue of paragraph 30 or 31, and
c
when the function was transferred, no Minister of the Crown had the same or substantially the same function exercisable in relation to England.
2
No procedure for scrutiny by the Assembly applies to any instrument made in the exercise of the function, or a draft of any such instrument, unless the function is specified in Table 1 or Table 2.
3
No subordinate legislation is to be made by the Welsh Ministers, the First Minister or the Counsel General in the exercise of any function specified in Table 1 unless a draft of the statutory instrument containing it has been laid before, and approved by a resolution of, the Assembly.
Function | Description |
---|---|
Section 45B(1) of the Environmental Protection Act 1990 (c. 43). | Power to apply section 45A to Welsh waste collection authorities. |
Section 45D of the School Standards and Framework Act 1998 (c. 31). | Power to repeal school funding provisions. |
Section 8(3) of the Care Standards Act 2000 (c. 14). | Power to confer functions in relation to Part 2 services in Wales. |
Section 72B(2) of that Act. | Power to amend list of persons reviewable by Commissioner. |
Section 73(5A) of that Act. | Power to amend list of arrangements reviewable by Commissioner. |
Section 76(4) of that Act. | Power to confer further functions on Commissioner. |
Section 78(1A) of that Act. | Power to provide that person aged 18 or over is a child for the purposes of Part 5. |
Section 78(6) of that Act. | Power to make provision about persons to whom Part 5 applies. |
Paragraph 2 of Schedule 2 to that Act. | Power to make provision about the appointment etc. of Commissioner. |
Section 68(1) of the Local Government Act 2000 (c. 22), if exercised to amend or repeal any enactment contained in an Act. | Power to confer functions on Public Services Ombudsman for Wales. |
Section 68(3) of that Act, if exercised to amend or repeal any enactment contained in an Act. | Power to make provision relating to Ombudsman's functions and expenses. |
Section 70(1) of that Act. | Power to make provision about investigations by Ombudsman. |
F1Section 20(1) of the Political Parties, Elections and Referendums Act 2000. | Power to transfer functions of the Local Government Boundary Commission for Wales. |
Section 3(4) of the Health (Wales) Act 2003 (c. 4). | Power to transfer functions of Wales Centre for Health to Welsh Minister. |
Section 4(1) of that Act. | Power to establish Health Professions Wales (HPW). |
Section 4(3) of that Act. | Power to provide for HPW to carry out Welsh Ministers' functions. |
Section 5(8) of that Act. | Power to abolish HPW. |
Section 83(2) of the Local Government Act 2003 (c. 26). | Power to make fire authorities in Wales major precepting authorities. |
Section 92(2) of that Act. | Power to repeal section 24(3) of the Housing Act 1985 (c. 68). |
Section 23(9) of the Anti-social Behaviour Act 2003 (c. 38). | Power to apply to Wales provisions about penalty notices in cases of truancy. |
Section 75(1) of the Health and Social Care (Community Health and Standards) Act 2003 (c. 43), if exercised to amend or repeal any part of the text of an Act. | Power to require prescribed persons to provide explanation of documents etc. |
Section 96 of that Act, if exercised to amend or repeal any part of the text of an Act. | Power to confer additional functions in relation to Welsh local authority social services. |
Section 101(1) of that Act, if exercised to amend or repeal any part of the text of an Act. | Power to require prescribed persons to provide explanation of documents etc. |
Section 33(3)(a)(ii) of the Higher Education Act 2004 (c. 8). | Power to require institutions' plans to include provision relating to promotion of higher education. |
Section 12(2) of the Public Audit (Wales) Act 2004 (c. 23). | Power to add to definition of “local government body in Wales”. |
Section 39(1) of that Act, if exercised so as to include a declaration that a contravention is an offence. | Power to make provision about publication etc. of accounts. |
Section 46(2) of that Act. | Power to apply sections 47 to 49 to other local government bodies. |
Section 47(5) of that Act. | Power to shorten period within which body must publish information. |
Section 62(1) of the Education Act 2005 (c. 18), if exercised to amend or repeal an enactment. | Power to change inspection framework for Wales. |
Section 103(3) of that Act. | Power to repeal certain provisions in the Education Act 2002 (c. 32). |
Section 124(1) of that Act, if exercised to amend or repeal an enactment. | Power to make consequential etc. provision. |
F2Section 5(1) of the Transport (Wales) Act 2006. | Power to establish a joint transport authority to discharge specified transport functions for specified areas. |
F3Section 4(1) of the Commissioner for Older People (Wales) Act 2006. | Power to amend Schedule 2 to that Act. |
F4Section 6(5) of that Act. | Power to confer power on the Commissioner to require prescribed persons to provide information for the purposes of his functions under section 5. |
F5Section 7(1) of that Act. | Power to amend Schedule 3 to that Act. |
F6Section 16(4) of that Act. | Power to apply the joint working provisions in section 16 to persons other than the Ombudsmen specified in that section. |
F7Section 17(8) of that Act. | Power to amend subsection 17(6), which specifies persons with whom the Commissioner may work collaboratively under section 17. |
F8Section 18(10) of that Act. | Power to amend the definition of “permitted person” in section 18(9). |
F9Section 27(2) of that Act. | Power to amend the definition of “family health service provider in Wales” and “independent provider in Wales”. |
4
A statutory instrument containing subordinate legislation made by the Welsh Ministers, the First Minister or the Counsel General in the exercise of any function specified in Table 2 is (unless a draft of the statutory instrument has been laid before, and approved by a resolution of, the Assembly) subject to annulment in pursuance of a resolution of the Assembly.
Function | Description |
---|---|
F10. . . | F10. . . |
F11. . . | F11. . . |
F12. . . | F12. . . |
F13. . . | F13. . . |
F14. . . | F14. . . |
F15. . . | F15. . . |
F16. . . | F16. . . |
F17. . . | F17. . . |
F18. . . | F18. . . |
F19. . . | F19. . . |
F20. . . | F20. . . |
F21. . . | F21. . . |
F22. . . | F22. . . |
Section 79S(2) of the Children Act 1989 (c. 41). | Power to confer functions relating to child minding or day care. |
Section 79T(2) of that Act. | Power to make provision about inspection of child minding and day care. |
Section 16A(3) of the Environment Act 1995 (c. 25). | Power to alter composition of regional flood defence committees in Wales. |
F23Section 97D of the School Standards and Framework Act 1998. | Power to make provision about the admission of children looked after by local authorities in Wales to maintained schools in Wales. |
Paragraph 5(2) of Schedule 7 to the School Standards and Framework Act 1998 (c. 31). | Power to prescribe content and form of publication of proposals. |
Paragraph 12(2)(d) of Schedule 7 to that Act. | Power to prescribe period within which objections to proposals may be made. |
Paragraph 17(2) of Schedule 7 to that Act. | Power to make transitional exemption order relating to proposal for school to cease to be single sex. |
Paragraph 13B(1) of Schedule 26 to that Act. | Power to prescribe period within which nursery inspection report must be made. |
Section 73(5) of the Care Standards Act 2000 (c. 14). | Power to confer power on the Commissioner to require information. |
Section 74(1) of that Act. | Power to provide for examination by Commissioner of particular cases. |
Section 76(1) of that Act. | Power to confer power on Commissioner to assist children. |
Paragraph 6(4) of Schedule 2 to that Act. | Power to specify the financial years of Commissioner. |
Paragraph 8 of that Schedule. | Power to require Commissioner to make reports to Assembly. |
Paragraph 17 of that Schedule. | Power to add Commissioner to the Superannuation Act 1972 (c. 11). |
Section 77(4) of the Learning and Skills Act 2000 (c. 21). | Power to prescribe period within which report must be made. |
Section 83(7) of that Act. | Power to make further provision about obligation to provide information. |
Section 128(4)(b) and (c) of that Act. | Power about statement of proposed action. |
Section 68(1) of the Local Government Act 2000 (c. 22), unless exercised to amend or repeal any enactment contained in an Act. | Power to confer functions on Public Services Ombudsman for Wales. |
Section 68(3) of that Act, unless exercised to amend or repeal any enactment contained in an Act. | Power to make provision relating to Ombudsman's functions and expenses. |
Section 109(6)(b) of the Transport Act 2000 (c. 38). | Power to specify date by which deemed local transport plan to be replaced. |
F24Section 113A(1) of the Transport Act 2000. | Power to modify the application of sections 108 to 111 of that Act in relation to local transport authorities whose areas are in Wales. |
F25Section 20(6) of the Political Parties, Elections and Referendums Act 2000. | Power to direct that the Local Government Boundary Commission for Wales shall cease to exist. |
F26. . . | F26. . . |
F27. . . | F27. . . |
F28. . . | F28. . . |
F29Section 139(1) of the Education Act 2002 (c. 32). | Power to approve institutions to provide course of higher education etc. |
Section 192 of that Act. | Power to prescribe content and manner of publication of proposals to secure regional provision. |
Section 193 of that Act. | Power to make provision about proposals to secure regional provision. |
Section 197 of that Act. | Power relating to partnership agreements and statements. |
Section 198 of that Act. | Power relating to transition from primary to secondary school. |
Section 207(4) of that Act. | Power relating to adjustments between F30local authorities. |
Section 3(3) of the Health (Wales) Act 2003 (c. 4). | Power to make provision about functions of Wales Centre for Health. |
Section 4(4) of that Act. | Power to make provision for HPW to make arrangements about functions. |
Section 4(7) of that Act. | Power to make provision about constitution of HPW. |
Section 5(1) of that Act. | Power to permit HPW to charge for services. |
Section 5(2) of that Act. | Power to transfer property etc. and personnel to HPW. |
Section 5(7) of that Act. | Power to make provision about accounts and audit of HPW. |
Section 5(9) of that Act. | Power to transfer property etc. and staff from HPW. |
Paragraph 10 of Schedule 2 to that Act. | Power to make provision about Wales Centre for Health. |
Paragraph 27 of Schedule 2 to that Act. | Power to make provision about accounts and audit of Centre. |
Section 29(1) of the Waste and Emissions Trading Act 2003 (c. 33) | Power to require Welsh local authority to have waste management strategy. |
Section 30(1) of that Act. | Power to require Welsh local authority to provide information about waste. |
Section 75(1) of the Health and Social Care (Community Health and Standards) Act 2003 (c. 43), unless exercised to amend or repeal any part of the text of an Act. | Power to require prescribed persons to provide explanation of documents etc. |
Section 94(6) of that Act. | Power to require Welsh local authority to pay fee in relation to review of adoption and fostering functions. |
Section 96 of that Act, unless exercised to amend or repeal any part of the text of an Act. | Power to confer additional functions in relation to Welsh local authority social services. |
Section 101(1) of that Act, unless exercised to amend or repeal any part of the text of an Act. | Power to require prescribed persons to provide explanation of documents etc. |
Section 62(4) of the Planning and Compulsory Purchase Act 2004 (c. 5). | Power to prescribe form and content of local development plan. |
Section 63(3)(a) of that Act. | Power to prescribe persons to be included in community involvement scheme. |
Section 63(7) of that Act. | Power to prescribe requirements in relation to that scheme and local development plan. |
Section 69(1) of that Act. | Power to prescribe times for review of local development plan. |
Section 69(3) of that Act. | Power to prescribe form of, and publication requirements for, review. |
Section 76(2) of that Act. | Power to prescribe information to be contained in annual monitoring report. |
Section 76(3) of that Act. | Power to prescribe timing, form and content of report. |
Section 77 of that Act. | Power to make provision about functions conferred by Part 6. |
Section 30(1)(b) of the Higher Education Act 2004 (c. 8). | Power to designate “relevant authority”. |
Section 38(2) of that Act. | Power to prescribe maximum period during which relevant authority can refuse to approve institution's new plan. |
Section 18(2)(c) of the Public Audit (Wales) Act 2004 (c. 23). | Power to specify documents to which right of access applies. |
Section 21(1) of that Act. | Power to replace scale of audit fees. |
Section 39(1) of that Act, unless exercised so as to include a declaration that a contravention is an offence. | Power to make provision about publication etc. of accounts. |
Section 52(2)(c) of that Act. | Power to specify documents to which right of access applies. |
Section 26(2)(f) of the Children Act 2004 (c. 31). | Power to make provision about implementation of children and young people's plans. |
Section 26(4) of that Act. | Power to require approval of such plans. |
Section 22(1) of the Education Act 2005 (c. 18). | Power to establish panel to advise on Chief Inspector's functions. |
Section 25(2) of that Act. | Power to prescribe categories of persons who may be registered inspectors. |
Section 25(3)(b) of that Act. | Power to prescribe fees for applications for registration. |
Section 36(2) of that Act. | Power to make provision as to timing of inspections and reports. |
Section 38(3)(e) and (4)(b) and (c) of that Act. | Power to make provision relating to destination of reports about maintained schools. |
Section 39(2)(a), (3), (5) and (7)(b) of that Act. | Power to make provision relating to statement prepared by appropriate authority for school. |
Section 40(3)(a) of that Act. | Power to make provision relating to statement prepared by F31local authority. |
Section 41(4)(b) and (c) of that Act. | Power to make provision relating to destination of reports about non-maintained schools. |
Section 42(2)(a), (3), (4) and (5)(b) of that Act. | Power to make provision relating to statement prepared by proprietor of school. |
Section 52(5) of that Act. | Power to make provision about provision of inspection services by F32local authorities. |
Section 55(4) of that Act. | Power to prescribe intervals at which careers services are inspected. |
Section 56(3) of that Act. | Power to prescribe intervals at which related services are inspected. |
Section 57(7)(a), (b) and (c) of that Act. | Power to require a person inspected to prepare written statement in response. |
Section 57(9) of that Act. | Power to make provision about inspection reports. |
Section 62(1) of that Act, unless exercised to amend or repeal an enactment. | Power to change inspection framework for Wales. |
Section 85(3)(d) of that Act. | Power to designate institutions eligible for HEFCW funding. |
Section 90(1) of that Act. | Power to confer functions on HEFCW. |
Section 91(1) of that Act. | Power to give directions to HEFCW. |
Section 92(4) of that Act. | Power to authorise joint exercise of HEFCW functions. |
Section 100(2) of that Act. | Power to make provision as to meaning of “governing body”. |
Section 124(1) of that Act, unless exercised to amend or repeal an enactment. | Power to make consequential etc. provision. |
Paragraph 2 of Schedule 3 to that Act. | Power to make provision about appeals to, and procedure of, tribunals. |
Paragraph 3(2)(b) of Schedule 4 to that Act. | Power to prescribe persons who may not be members of inspection team. |
Paragraph 4(3) of Schedule 4 to that Act. | Power to waive fees for applications to be on the list of inspection team members. |
Paragraph 6(b) of Schedule 4 to that Act. | Power to make provisions about meetings between inspectors and pupils. |
F33Section 8(1) of the Transport (Wales) Act 2006. | Power to establish the Public Transport Users` Committee for Wales or Pwyllgor Defnyddwyr Trafnidiaeth Gyhoeddus Cymru. |
F34Section 8(2) of that Act. | Power to change the name of a body established under section 8(1) of that Act. |
F35Section 8(6) of that Act | Power to make provision for the transfer of staff, property, rights and liabilities, from the Committee to any other person. |
F36Section 9(3) of that Act. | Power to change or transfer functions of the Public Transport Users` Committee for Wales. |
F37Section 8(1) of the Commissioner for Older People (Wales) Act 2006. | Power to confer power on the Commissioner to give assistance to certain persons to make complaints in respect of matters specified in section 8. |
F38Section 10(1) of that Act. | Power to make regulations allowing the Commissioner to examine cases of particular persons who are, or have been, older people in Wales. |
F39Section 14(1) of that Act. | Power to confer additional functions on the Commissioner. |
F40Section 15(1) of that Act. | Power to make regulations providing for the Commissioner to make reports following the discharge of any of his functions. |
F41Section 21(2) of that Act. | Power to prescribe certain functions for the purpose of preventing the Commissioner from being authorised and required to exercise those functions. |
F42Paragraph 2 of Schedule 1 to that Act. | Power to make provision as to the appointment of the Commissioner and as to the terms of office of the Commissioner. |
F43Article 16(4) of the National Assembly for Wales (Representation of the People) Order 2007. | Power to specify the apportionment of the costs of combined polls at an Assembly general election and an ordinary local government election. |
5
In this paragraph—
“make” includes confirm or approve and related expressions are to be construed accordingly, and
“pre-commencement enactment” means an enactment contained in an Act passed or subordinate legislation made before the end of the initial period.
6
This paragraph does not apply if the function was transferred as a result of the operation of paragraph 30(2)(b) (see paragraph 28 and section 59).