General and financial provisions: removal of functions of Welsh Ministers
9.—(1) The function under section 53(1)(b) of the 1995 Act(1), so far as exercisable by the Welsh Ministers, ceases to be exercisable by the Welsh Ministers.
(2) Functions under the other provisions of section 53(1)(a) and (2) of the 1995 Act(2), so far as exercisable by the Welsh Ministers, are transferred to the Secretary of State.
The function of “the appropriate Minister” under section 53(1)(b) is exercisable by the Welsh Ministers, in relation to Wales, concurrently with any other Minister of the Crown by whom it is exercisable. See the entry relating to the 1995 Act in Schedule 1 to the 1999 Order, 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 function is exercisable by the Secretary of State: see articles 1 and 2 of the 2002 Order. The effect of the 2002 Order and article 9(1) of this Order is that the function becomes exercisable in relation to the Environment Agency only by the Secretary of State.
The functions were, so far as exercisable in relation to Wales, transferred to the National Assembly for Wales by article 2 of, and Schedule 1 to, the 1999 Order. Those functions were transferred to the Welsh Ministers by 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 function is exercisable by the Secretary of State: see articles 1 and 2 of the 2002 Order. The effect of the 2002 Order and article 9(2) of this Order is that these functions become exercisable in relation to the Environment Agency only by the Secretary of State.