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(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 Welsh Ministers by the enactment or transferred to, or made exercisable by, the Welsh Ministers by or by virtue of this Act.
(2)The enactment is to be taken to permit—
(a)the exercise of the function by the Welsh Ministers whether or not it is exercised otherwise than by the Welsh Ministers, and
(b)the exercise of the function differently by the Welsh Ministers (on the one hand) and otherwise than by the Welsh Ministers (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—
(a)the enactment by which the function is conferred or imposed on the Welsh Ministers, or
(b)any provision by or by virtue of which the function is transferred to, or made exercisable by, the Welsh Ministers.
(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 this section does not apply.
(6)In this section “enactment” includes a future enactment.
(7)This section applies in relation to the First Minister and the Counsel General as to the Welsh Ministers.
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Text created by the government department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Public Acts except Appropriation, Consolidated Fund, Finance and Consolidation Acts.
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