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Part 2Legislative and executive competence: further provision

Harbours: transfer of executive functions

31Application of general provisions to transfer of functions in sections 29 and 30

(1)The following provisions of the Government of Wales Act 2006 apply in relation to the transfer of functions under sections 29 and 30 as they apply in relation to a transfer of functions by an Order in Council made under section 58 of that Act—

(a)Part 2 of Schedule 3 (exercise of transferred functions);

(b)paragraph 13 of Schedule 3 (continued validity of things done);

(c)paragraphs 1, 2(2) and 4 of Schedule 4 (transfers of property, rights and liabilities).

(2)Where a function transferred under section 29 is exercisable by a delegate by virtue of an order made under section 42A of the Harbours Act 1964, the provisions mentioned in subsection (1) are to be read as if references to a Minister of the Crown or to the Secretary of State were, or included, references to the delegate.

(3)The application by subsection (1)(c) of paragraphs 1 and 2(2) of Schedule 4 to the Government of Wales Act 2006 in relation to the transfer of functions under sections 29 and 30 is subject to any contrary provision made in regulations made by the Secretary of State.

(4)Regulations under subsection (3) may make—

(a)different provision for different purposes or cases (including different provision for different harbours or different descriptions of harbour);

(b)transitional or saving provision.

(5)Regulations under subsection (3) must be made by statutory instrument.

(6)A statutory instrument containing regulations under subsection (3) is subject to annulment in pursuance of a resolution of either House of Parliament.