18.—(1) Except as set out in paragraph (2), and subject to paragraphs (4) and (5), the functions of the Secretary of State as “the appropriate Minister” under the provisions of the Acquisition of Land Act 1981 M1 (“the 1981 Act”) listed in paragraph (3), so far as they are exercisable in relation to Wales (and so far as not already transferred by the 1999 Order) are transferred to the Welsh Ministers.
(2) Paragraph (1) does not operate to transfer any function to the extent that it is exercisable in relation to a cross-border harbour or a reserve trust port.
(3) The provisions of the 1981 Act referred to in paragraph (1) are—
(a)section 16 (statutory undertakers' land excluded from compulsory purchase);
(b)section 32(6) (power to extinguish certain public rights of way); and
(c)paragraph 3 of Schedule 3 (statutory undertakers land).
(4) The transfer of functions under section 16 of, and paragraph 3 of Schedule 3 to, the 1981 Act applies only in respect of objections to compulsory purchase orders raised after this article comes into force.
(5) The transfer of the function under section 32(6) of the 1981 Act applies only in respect of decisions made under section 32(2) of that Act after this article comes into force.
Marginal Citations
M11981 c. 67; there are amendments to section 16 which are not relevant to this instrument; see section 8(3) for the definition of “appropriate Minister”. See article 2 of, and Schedule 1 to, the 1999 Order as to the functions transferred to the National Assembly for Wales and which are exercisable by the Welsh Ministers by virtue of paragraph 30 of Schedule 11 to the Government of Wales Act 2006.