The National Assembly for Wales (Diversion of Functions) Order 2007

EXPLANATORY NOTE

(This note is not part of the Order)

This Order is made under paragraph 31(1)(c) of Schedule 11 to the Government of Wales Act 2006 (c.32) (“the 2006 Act”).

Article 2 provides that any function of the National Assembly for Wales constituted by the Government of Wales Act 1998 (c.32) (“the 1998 Assembly”) of receiving a document from the Auditor General for Wales that would, apart from article 2, be transferred to the Welsh Ministers immediately after the end of the initial period under paragraph 30(1) of Schedule 11 to the 2006 Act shall instead from that time be a function of the National Assembly for Wales constituted by the 2006 Act (“the 2006 Assembly”).

“The initial period” is defined in section 161(5) of the 2006 Act. Broadly speaking, it means the period beginning with the day of the poll at the 2007 election of members of the 2006 Assembly and ending with the day on which the first appointment of a First Minister is made under section 46 of the 2006 Act.

Article 3 provides that functions of the 1998 Assembly specified in article 4 which would, apart from article 3, be transferred to the Welsh Ministers immediately after the end of the initial period under paragraph 30(1) of Schedule 11 to the 2006 Act, shall instead from that time be functions of the 2006 Assembly.

Article 4 specifies the functions of receiving—

(a) reports under section 4(2) of the 1999 Act (annual and other reports of Food Standards Agency to be laid before Assembly);

(b) statements under section 22(6)(a) of that Act (statements of general objectives and practices of Food Standards Agency to be laid before Assembly);

(c) accounts and reports under section 7(3)(c) of the Government Resources and Accounts Act 2000(c.20) (as modified by paragraph 5(3) of Schedule 4 to the 1999 Act) (accounts of Food Standards Agency, and associated report of Comptroller and Auditor General, to be laid before Assembly by Treasury or Food Standards Agency);

(d) reports under—

(i) section 9 of the National Audit Act 1983 (c.44) (as modified by paragraph 6(1) of Schedule 4 to the 1999 Act) (reports of the Comptroller and Auditor General to Assembly), or

(ii) paragraph 6(2) of Schedule 4 to the 1999 Act (copies of reports of Comptroller and Auditor General to other relevant bodies to be laid before Assembly);

(e) reports under section 10A(2) of the Animal Health Act 1981(c.22) (annual reviews of import controls by the Ministers to be laid before Assembly). The function of receiving such reports, so far as exercisable in relation to Wales, was transferred to the 1998 Assembly by the National Assembly for Wales (Transfer of Functions) Order 2004 (S.I.2004/3044), articles 2, 3 and Schedule 1.