The National Assembly for Wales (Transfer of Functions) Order 2001

Statutory Instruments

2001 No. 3679

CONSTITUTIONAL LAW

DEVOLUTION, WALES

The National Assembly for Wales (Transfer of Functions) Order 2001

Made

14th November 2001

Coming into force in accordance with article 1

At the Court at Buckingham Palace, the 14th November 2001

Present,

The Queens Most Excellent Majesty in Council

Whereas a draft of this Order has been laid before, and approved by a resolution of, each House of Parliament:

Now therefore, Her Majesty, in pursuance of sections 22 and 24(1) of, and paragraphs 1 and 3 of Schedule 3 to, the Government of Wales Act 1998(1), is pleased, by and with the advice of Her Privy Council, to order, and it is hereby ordered, as follows—

Citation, commencement and interpretation

1.—(1) This Order may be cited as the National Assembly for Wales (Transfer of Functions) Order 2001 and shall come into force on the day on which the abolition of the Intervention Board takes effect.

(2) In this Order—

“the Intervention Board” means the Intervention Board for Agricultural Produce established under section 6(1) of the European Communities Act 1972(2); and “the operative date” means the day on which this Order comes into force.

Transfer of Functions

2.  All functions which—

(a) at any time prior to the abolition of the Intervention Board were exercisable by that Board in relation to Wales acting on behalf of the Secretary of State for Wales, and

(b) immediately before the operative date are exercisable by the Secretary of State for Wales, shall on the operative date be transferred to the National Assembly for Wales.

Transfer of property: exception

3.  The provisions of section 23(1) of the Government of Wales Act 1998 shall not apply to any documentary or electronic records to which the Secretary of State for Wales is entitled in connection with any function transferred by this Order.

A. K. Galloway

Clerk of the Privy Council

Explanatory Note

(This note is not part of the Order)

This Order transfers from the Secretary of State for Wales to the National Assembly for Wales all the non-statutory functions with which the Intervention Board for Agricultural Produce was charged in relation to Wales prior to the abolition of that Board. These are mainly functions in relation to the Common Agricultural Policy of the European Union. Article 3 of the Order provides for the exclusion from transfer of certain property that would otherwise transfer to the National Assembly for Wales under section 23(1) of the Government of Wales Act 1998.

The Intervention Board for Agricultural Produce (Abolition) Regulations 2001 provide for the Intervention Board to be abolished on the day after those Regulations are made.

(1)

1998 c. 38.

(2)

1972 c. 68.