PART 3Environment Agency: constitutional and funding arrangements and general provisions

General and financial provisions: removal of functions of Welsh Ministers

8.  Functions under sections 47 to 52 of the 1995 Act(1), so far as exercisable by the Welsh Ministers, cease to be exercisable by the Welsh Ministers.

(1)

The functions of “the appropriate Minister” and “the appropriate Ministers” under these sections are exercisable by the Welsh Ministers, in relation to Wales, concurrently with any Minister of the Crown by whom they are exercisable. See the entry relating to the 1995 Act in Schedule 1 to the 1999 Order (which makes specific provision about the exercise of these functions and about the continuing effect of Treasury approval requirements), and section 162 of, and paragraph 30 of Schedule 11 to, the 2006 Act. So far as exercisable in relation to the Environment Agency otherwise than in relation to Wales, the functions are exercisable by the Secretary of State: see articles 1 and 2 of the 2002 Order. The effect of the 2002 Order and article 8 of this Order is that these functions become exercisable in relation to the Environment Agency only by the Secretary of State.