40(1)Her Majesty may by Order in Council provide that all or any of the provisions of paragraph 39—U.K.
(a)do not apply in relation to particular transferred functions or to the property, rights and liabilities connected with the particular transferred functions or particular property, rights and liabilities so connected,
(b)are to apply only in relation to particular transferred functions or to particular property, rights or liabilities connected with transferred functions, or
(c)apply with modifications in relation to particular transferred functions or to the property, rights and liabilities connected with the particular transferred functions or particular property, rights and liabilities so connected.
(2)Paragraph 39 does not apply in relation to rights and liabilities under a contract of employment of a member of the staff of the Assembly constituted by the Government of Wales Act 1998 (c. 38).
(3)No recommendation is to be made to Her Majesty in Council to make an Order in Council under this paragraph unless a draft of the statutory instrument containing the Order in Council has been laid before and approved by a resolution of—
(a)each House of Parliament, and
(b)the Assembly constituted by the Government of Wales Act 1998 or the Assembly constituted by this Act.